I’ve bought over 1,700 houses, and I can tell you this: Nothing keeps a landlord awake at night like a Last Tuesday, a landlord from Kettering called me at 9 PM. Her tenant—no lease, three months behind—just told her to “go ahead and try to evict me.” She’d already Googled the process. Saw the words “Writ of Restitution” and “90+ days” and felt her stomach drop.
In my 25 years in the we buy houses business across Ohio, I’ve gotten that exact call 847 times. And I’ll tell you what I told her: You can spend the next 4 months fighting this in Montgomery County court, or you can have a check in your hand by next Friday. Both paths are legal. Only one lets you sleep tonight.
If you’re reading this at 2 AM because your tenant stopped paying and you never got a lease signed, you already know the problem. What you don’t know yet: You have an exit most landlords never hear about.
The Two Paths Every Ohio Landlord Faces
When a tenant without a lease stops paying, you have exactly two options:
Path 1 – The Court Battle: Follow Ohio Revised Code Chapter 5321 to the letter. Serve notices. File complaints. Stand before judges. Pay the Sheriff to physically remove them. Budget 90+ days and $11,000 minimum.
Path 2 – The Clean Exit: Sell the property—tenant and all—to a cash buyer who inherits the headache. Walk away with a check in 7-14 days. Zero court dates. Zero repairs. Zero confrontation.
I’ve seen both paths play out hundreds of times. After buying over 1,700 houses in Ohio, I can tell you this: The landlords who chose Path 2 aren’t the ones calling me back six months later saying “I should’ve done this sooner.”
Can You Actually Sell a House With a Non-Paying Tenant Inside?
Yes. And you don’t need their permission.
Ohio law doesn’t require the property to be vacant to transfer ownership. When you sell to a cash buyer like me, the tenant becomes my problem the second we close. You get paid. They get a new landlord who knows exactly how to handle these situations.
What this means for you:
- No court dates in Franklin, Montgomery, or Hamilton County
- No hiring attorneys to draft 3-Day Notices to Quit
- No waiting for a judge’s calendar to open up
- No paying the Sheriff $100+ to execute a Writ of Restitution
- No fixing the damage they cause on the way out
At EZ Sell Homebuyers, I’ve built my entire business around buying properties other investors won’t touch. Problem tenants. Inherited houses. Properties that need $50,000 in repairs. I buy them all—as-is, tenant in place, and I close fast.
The Landlord Who Chose Sanity Over Court (A Real Dayton Story)
Let me tell you about Tom who owned this duplex on Marshall Road in Dayton. Rented one side to a couple on a handshake—no lease, just verbal “$800/month, first of every month.”
They paid for nine months. Then stopped. When Tom asked why, they said, “Sue us.”
Tom did what you’re probably thinking about doing right now: He Googled “evict tenant without lease Ohio.” Read about the 3-Day Notice to Quit, the $175 filing fee at Dayton Municipal Court, the 6-week wait for a hearing. Saw he’d need to take a day off work, maybe hire a lawyer ($1,500 retainer), then wait another two weeks for the Sheriff to execute the Writ of Restitution.
The math made him sick:
- 4 months of lost rent: $3,200
- Court/legal fees: $1,850
- Time off work (3 court dates): $600
- Repairs after they finally left (they punched holes in the drywall on the way out): $4,200
Total cost to “win” in court: $9,850
Then Tom called me.
I made him an offer on the duplex—tenant and all—for $148,000. We closed in 9 days. Tom walked away with a check for $146,200 after minimal closing costs. No court. No Sheriff. No holes in the wall to fix.
When I asked him how he felt the day the wire hit his account, he said:
“Mike, I slept for 11 hours that night. First time in two months I didn’t wake up at 3 AM thinking about that damn eviction notice.”
Tom’s duplex is now fully renovated. I handled the tenant situation after closing—that’s my job, not yours.
The lesson: Ohio Revised Code 5321 gives you the right to evict. It doesn’t promise you’ll come out ahead when you do.
How to Evict a Tenant Without a Lease in Ohio (The Legal Process)
If you decide you’d rather fight this in court than take a cash offer, you need to follow the law exactly. One mistake on your paperwork and the judge throws out your case—then you start over from day one.
After 1,700 transactions, I know this process inside and out. Not because I do evictions anymore, but because I used to. And I learned the hard way that “winning” in court doesn’t always mean you come out ahead.
Step 1: Serve the Proper Notice
You cannot change the locks. You cannot throw their stuff on the lawn. You cannot turn off the utilities. All of that is illegal in Ohio, and your tenant can sue you for it.
You must provide written notice:
For Non-Payment of Rent: Serve a 3-Day Notice to Quit. This tells them they have 72 hours to pay or vacate. If they do neither, you can file in court.
To End a Month-to-Month Arrangement: Serve a 30-Day Notice to Vacate. Even without a written lease, Ohio law treats consistent monthly payments as a month-to-month tenancy.
The catch: If you mess up the wording on this notice—wrong address, wrong date, unclear language—the judge will dismiss your case and you’ll be back at square one. I’ve seen landlords lose three months because they used a template from the internet that wasn’t Ohio-compliant.
Step 2: File the Eviction Complaint in Court
If the tenant doesn’t leave after your notice period, you head to your local Municipal or County Court.
Filing fees in 2026: $135–$195 depending on your county (Franklin County charges $175, Montgomery County charges $165).
The wait: Court dockets are backed up. In Columbus and Dayton, you’re looking at 4-6 weeks just to get a hearing date. In Cincinnati, sometimes longer. During that entire time, your tenant is living rent-free while you’re still paying the mortgage, taxes, and insurance.
What you need to bring: Even without a written lease, you need proof. Bank statements showing they stopped paying. Text messages where they acknowledged the rental amount. Photos of the property condition. Witnesses who can verify the rental agreement. Judges don’t just take your word for it.
Step 3: The Court Hearing
You show up. The tenant shows up (maybe). You both tell your side.
If the tenant doesn’t show, you usually win by default. If they do show and claim they never agreed to pay rent, or that you’re retaliating against them for requesting repairs, things get messy. You might need to schedule another hearing. Maybe hire an attorney at $200-$350/hour.
What landlords don’t expect: Judges in Ohio tenant-landlord cases are required to follow the law, but they also have discretion. If your tenant claims hardship—lost their job, medical emergency, kids in the home—some judges will give them extra time to move. I’ve seen 30-day extensions granted on the spot.
Step 4: The Writ of Restitution
Winning in court doesn’t mean they leave tomorrow. You need to pay for a Writ of Restitution (usually $75-$125) and schedule the Sheriff’s office to physically remove the tenant.
The Sheriff’s timeline: In Montgomery County, it’s currently running 10-14 days after the Writ is issued. In Franklin County, sometimes 3 weeks. You cannot force them out yourself. If you touch their belongings or change the locks before the Sheriff arrives, they can sue you.
Step 5: The Aftermath
They’re gone. Now you walk into the property and see what they left behind. Damage to walls. Carpet destroyed. Appliances missing. Trash piled in the basement.
Turnover costs in 2026: The average Ohio rental property needs $3,000-$8,000 in repairs after a contentious eviction. Painting, flooring, drywall repair, deep cleaning, sometimes HVAC or plumbing damage.
Then you list it for rent again. Screen new tenants. Hope the next one works out better.
The Real Cost of “Doing It the Right Way”
Most landlords think the eviction route is free because they’re “doing it themselves.”
Let’s run the actual numbers on a typical Dayton rental property (we’ll call it a $130,000 house with $900/month rent):
The “Hard Way” Breakdown:
| Expense | Amount |
|---|---|
| Lost Rent (4 months average) | $3,600 |
| Court Filing Fee | $175 |
| Service of Process (Sheriff delivers notice) | $75 |
| Attorney (if you hire one) | $1,500 |
| Writ of Restitution | $125 |
| Sheriff Execution Fee | $100 |
| Property Damage Repairs | $3,000–$8,000 |
| Mortgage/Taxes/Insurance During Fight | $2,400 |
| Your Time (8 trips to court, paperwork, stress) | Priceless |
Total Out-of-Pocket Cost: $11,000–$16,000
And that’s assuming everything goes smoothly. No continuances. No appeals. No tenant who knows how to work the system and drag this out another 60 days.
The EZ Sell Way:
| What You Pay | Amount |
|---|---|
| Legal Fees | $0 |
| Repairs | $0 |
| Court Costs | $0 |
| Lost Rent | $0 |
| Time in Court | 0 hours |
| Days Until You’re Free | 7–14 |
Net Result: You walk away with a clean check, no drama, and you never see that tenant again.
After 1,700+ transactions, I can tell you: The landlords who sold to me didn’t lose money. They stopped the bleeding.
Compare Your Options Side-by-Side
| The Court Route | Selling to Mike Wall | |
|---|---|---|
| Timeline | 90+ days (often 120+) | 7-14 days to close |
| Legal/Court Fees | $500 – $3,000+ | $0 |
| Lost Rent | 3-6 months of $0 income | $0 (you get paid immediately) |
| Repair Costs | $3,000 – $8,000 | $0 (I buy as-is) |
| Attorney Needed? | Often yes ($1,500+) | No |
| Court Appearances | 2-4 trips minimum | Zero |
| Dealing With Tenant | You confront them repeatedly | I handle it after closing |
| Risk of Damage | High (they know they’re losing) | Not your problem anymore |
| Stress Level | Sleepless nights for months | One signature, one check |
| Who Handles Eviction | You pay Sheriff $100+ | I handle it my way |
| Final Outcome | Empty house needing $8K repairs | Cash in your account |
The numbers don’t lie. And I haven’t even put a dollar amount on what four months of stress does to your health.
What If You’ve Already Started the Eviction Process?
I get calls every week from landlords who are halfway through the court battle and just want out.
“Mike, I already filed the complaint. I’ve got a hearing in two weeks. Can you still buy it?”
Yes. Absolutely.
When we close, the court case transfers with the property. I become the plaintiff. The tenant becomes my problem. You walk away clean.
I’ve closed deals where the landlord was literally scheduled to appear in court the following week. We closed on a Thursday. I showed up to court on Monday in their place. They were in Florida by then, probably on a beach.
The Hidden Costs Nobody Talks About
The court fees and repair bills are painful enough. But after doing this 1,700 times, I’ve seen the costs that don’t show up on a spreadsheet:
Your time. Every trip to the courthouse is half a day gone. Filing paperwork. Waiting in line. Sitting in the courtroom while the judge handles 30 other cases before yours. If you work a regular job, that’s vacation days burned. If you’re self-employed, that’s income you’re not earning.
Your mental health. I’ve talked to landlords who stopped sleeping. Who dreaded checking their phone because the tenant might be calling to argue. Who drove past the property at night to make sure it wasn’t being destroyed. That kind of stress has a cost, even if your insurance doesn’t cover it.
Your reputation. If you’re trying to rent out other properties, every day you spend fighting one bad tenant is a day you’re not screening good tenants for your other units. If you own multiple rentals and word gets out that you’re “that landlord” stuck in eviction court, other tenants start testing boundaries.
The opportunity cost. Every dollar you sink into legal fees is a dollar you can’t invest somewhere else. Every month that property sits empty is a month you’re not building equity or earning income. When people ask me “How much money did I really lose by evicting instead of selling?” I tell them to multiply their monthly rent by six and add $10,000. That’s the conservative estimate.
The Bottom Line (From Someone Who’s Done This 1,700 Times)
Look, I’m not going to tell you eviction is impossible. The law is on your side—Ohio Revised Code 5321 gives you a clear path. You can file that 3-Day Notice. You can stand in front of a Montgomery County judge and win your case. You can pay the Sheriff to drag your tenant’s stuff to the curb.
But after 25 years in this business, I’ll tell you what the law doesn’t give you: Your time back. Your sleep back. Or the $8,000 you’re about to spend fixing what they destroy on the way out.
I’ve bought houses from landlords who fought the court battle and “won.” Know what they told me? “I wish I’d called you four months ago.”
The math is brutal. Four months of lost rent. Court fees. Attorney fees. Repair costs. Time off work. And at the end of all that, you’re standing in an empty house that needs $6,000 in work before you can rent it again—assuming you even want to stay in the landlord business after this nightmare.
Or you can call me today. I’ll make you an offer by tomorrow. We’ll close in 7-14 days. You’ll have cash in your account, and I’ll have a new project. The tenant? They’ll have a new landlord who’s handled this exact situation 847 times before.
Veteran’s Advice: The only landlords who regret selling to me are the ones who waited six months to call. The eviction process doesn’t get easier while you “think about it.” The tenant doesn’t start paying. The damage doesn’t fix itself. The court docket doesn’t speed up because you’re stressed.
At the end of the day, you have two assets: your property and your peace of mind. The court process asks you to gamble both. I’m offering you a way to protect at least one of them—today.
I’ve done this 1,700 times. I know what your property is worth—even with a problem tenant inside. I know what it costs to fix the damage they’ve done. I know how to get them out after closing without drama. And I know that most landlords who are reading this at 2 AM aren’t looking for another blog post about Ohio Revised Code.
You’re looking for a solution.
And I’ve got 1,700 closed deals that prove I can deliver it.
Get Your Cash Offer in 24 Hours (No Obligation)
Would you like me to run the numbers on your property and show you exactly what a cash offer looks like? No pressure. No obligation. Just real numbers from someone who’s been buying houses in Ohio since before you had a tenant problem.
Fill out the form below or call me directly at (937) 335-0090. I’ll personally review your situation and get you an offer within 24 hours.
Sell Your Dayton House Fast For Cash
No repairs. No eviction required. No court dates. Just a check and your freedom back.
Because at 2 AM when you’re Googling “Ohio eviction laws,” what you really need isn’t another legal guide.
You need someone who’s solved this problem 1,700 times before—and is ready to solve it for you.
Let me buy your headache. You go get some sleep.
Frequently Asked Questions (From 25 Years of Doing This)
1. Can I evict a tenant in Ohio if there is no lease agreement?
Yes. Ohio Revised Code Chapter 5321 allows you to evict tenants even without a written lease. But you must follow the proper legal steps: serve the correct notice (3-day for nonpayment, 30-day for terminating month-to-month tenancy), file a complaint in Municipal Court, attend a hearing, win a judgment, obtain a Writ of Restitution, and have the Sheriff physically remove them. Expect 90-120 days start to finish.
2. What are the main reasons to evict a tenant without a lease in Ohio?
Non-payment of rent is the most common. But you can also evict for violating the terms of your oral agreement (like having unauthorized occupants or pets), property damage, illegal activity, or simply because you want to terminate the month-to-month arrangement. Just remember: even without a written lease, they still have tenant rights under Ohio law.
3. How much notice do I need to give to evict a tenant without a lease in Ohio?
For nonpayment of rent, you must serve a 3-Day Notice to Quit. For ending a month-to-month tenancy for any other reason, Ohio law requires 30 days’ written notice. The notice must be properly served—handed to them directly, left at the property, or sent via certified mail. If you serve it incorrectly, the court will dismiss your case.
4. What happens if the tenant does not leave after the notice period?
You file an eviction complaint with your local Municipal or County Court. You’ll pay a filing fee ($135-$195), wait for a hearing date (usually 4-6 weeks out), present your evidence to the judge, and if you win, wait for the Writ of Restitution to be issued. Then you schedule the Sheriff to remove them. If the tenant doesn’t show up to court, you usually win by default—but you still have to wait for the full legal process to play out.
5. How can I legally remove a tenant after winning the eviction case in court?
You cannot do it yourself. After you win, you must obtain a Writ of Restitution from the court (costs $75-$125) and pay the Sheriff’s office to execute it (another $100+). The Sheriff will schedule a date, show up at the property, and physically supervise the removal of the tenant and their belongings. In most Ohio counties, this adds another 10-21 days to the timeline. If you try to remove them yourself—even after winning in court—you’re breaking the law.
6. Can I change the locks or remove tenant belongings if they refuse to leave?
No. Absolutely not. Ohio law prohibits “self-help” evictions. You cannot change the locks, remove their belongings, turn off utilities, or harass them into leaving. If you do, they can sue you for illegal eviction, and you could end up owing them damages plus their attorney fees. I’ve seen landlords lose $10,000+ in countersuits because they got impatient and changed the locks. Don’t do it.
7. Are tenants in Ohio still protected if they don’t have a lease?
Yes. Tenant rights exist whether or not there’s a written lease. They’re entitled to proper notice before eviction, a court hearing, and safe, habitable living conditions during the process. You cannot harass them, threaten them, or force them out illegally. The lack of a lease makes the eviction more annoying for you (because you have to prove the rental terms), but it doesn’t strip them of their rights.
8. What should I do if I make a mistake during the eviction process?
Start over. If you serve the wrong notice, use the wrong wording, file in the wrong court, or miss a deadline, the judge will likely dismiss your case. Some mistakes can be corrected with an amended filing, but most of the time you’re looking at refiling from scratch—new filing fee, new hearing date, new 90-day wait. This is why I always recommend landlords talk to an attorney before serving any notices. One $300 consultation can save you three months of mistakes.
9. How can I avoid the hassle of evicting a difficult tenant?
Sell the property to a cash buyer. When you sell to someone like me, the tenant becomes my problem the moment we close. You don’t have to serve notices, file complaints, go to court, or fix the damage they leave behind. I’ve bought over 1,700 houses in Ohio, and at least half of them had problem tenants. I know how to handle them—and more importantly, I’m willing to handle them so you don’t have to.
10. Where can I find legal help for tenant evictions in Ohio?
Most counties have landlord-tenant attorneys who specialize in evictions. Expect to pay $1,500-$2,500 for full representation from notice to Writ execution. Some attorneys offer “unbundled” services where they’ll review your notice or represent you at the hearing only (usually $500-$750). You can also contact your local bar association for referrals. But before you hire anyone, ask yourself: Is it worth spending $2,000 in legal fees to evict a tenant from a property you’re tired of owning?
11. Can I sell a house in Ohio without evicting the tenant first?
Yes. Ohio landlords sell to cash buyers like me every single week without ever setting foot in a courtroom. I buy the property with the tenant still living there, I take over the lease (or lack thereof), and I handle the situation after closing. You get paid, you walk away, and you never have to see that tenant again. For many landlords—especially those who’ve inherited a property with tenants—this is the fastest path to sanity.