A few years ago, a friend of mine called me nearly in tears.
“Mike, he hasn’t paid in months. There’s no lease. I don’t even know if I can get him out legally.”
She had let an old coworker stay in her duplex in East Dayton. No written lease. Just a handshake and good faith. And for a while, it worked—until it didn’t. When the rent stopped coming, the messages got dodgy, and suddenly she was stuck. No lease, no income, and no clue what to do next.
If that feels familiar, you’re not alone.
Across Dayton, property owners, especially accidental landlords or those managing inherited homes, often find themselves in this exact situation. You’re not trying to be the bad guy. You just want your house back, your peace back. So… what can you do?
Let’s walk through it.
🧾 Can You Legally Evict a Tenant Without a Lease in Ohio?
Yes, you absolutely can.
Under Ohio law, even if there’s no written lease, a tenant who’s living in your property is typically considered a month-to-month tenant, what is legally called a “tenant at will.”
And that means you still have rights. You just need to follow a specific (and strictly legal) path to regain control of your property.
🗓️ Step 1: Serve a 30-Day Written Notice
The first step is giving the tenant a 30-day written notice to vacate, per Ohio Revised Code § 5321.17(B).
Your notice should clearly state:
- That their tenancy is being terminated
- The final move-out date (30 days from when the notice is served)
- The property address and your contact info
📌 Important: Send the notice via certified mail, or deliver it in person with a witness. Keep a copy and photo for proof.
💬 From Mike Wall:
“If it’s not in writing, it doesn’t exist in the court’s eyes. Documentation is your best friend.”
🕰️ Step 2: Let the 30 Days Run Their Course
Here’s the hard part: you have to wait. Even if the tenant hasn’t paid a dime or has damaged the place, the law still requires that you wait the full 30 days before taking further action.
I know waiting can feel unbearable, especially when bills are piling up or your hands are tied. But skipping this step could result in the court dismissing your case entirely.
Take this time to gather your documents, photos, and anything you may need if the tenant doesn’t move out voluntarily.
🏛️ Step 3: File for Eviction in Montgomery County
If the tenant’s still in the property after 30 days, it’s time to head to the Montgomery County Municipal Court and file a Forcible Entry and Detainer (FED) action.
You’ll need:
- A copy of the 30-day notice you served
- Proof of ownership (like your deed)
- $125–$175 for filing fees
- A court date (usually 2–3 weeks out)
Once the court sets the hearing, the tenant will be formally served and required to appear as well.
🎯 Step 4: Show Up Prepared
On the day of your hearing, bring everything:
- Photos of property condition
- Printed communication with the tenant
- Your served notice and delivery confirmation
- Any record of payments missed
The hearing itself will likely be brief. If the judge rules in your favor, the court will issue a writ of restitution, giving the tenant 5–10 days to move out voluntarily.
🚪 Step 5: The Set-Out (If Needed)
If the tenant still refuses to leave, you’ll coordinate with the Montgomery County Sheriff’s Office to schedule a set-out. This is where the tenant’s belongings are removed, and you legally regain possession of your home.
You’ll be responsible for:
- Providing movers or helpers
- Lock change arrangements
- Covering any cleanup costs
💬 Let’s Talk About the Emotional Side for a Minute…
This stuff is hard. Even when you’re in the right, eviction doesn’t feel good.
Sometimes it’s a friend, a family member, someone you trusted. And even when it’s not, no one wants to be the person forcing someone out. But here’s the truth: you have a right to protect your property, your finances, and your sanity.
And you don’t have to do it alone.
💡 An Alternative: Sell the Property As-Is, Even with a Tenant
If you’ve had enough, if you’re tired of dealing with non-paying tenants, endless court dates, and emotional stress, there is another way out.
You can sell your home, as-is, even with a lease-free tenant still inside.
That’s what we do at EZ Sell Homebuyers. We’ve helped hundreds of homeowners in Dayton offload problem properties, walk away from rental chaos, and get paid—fast.
“Sometimes, letting go is the smartest financial decision you can make. And we’ll help you do it without judgment, delays, or hidden fees.” – Mike Wall
We’ll buy your home directly, handle any messy tenant situations, and close on your timeline.
✅ Final Thoughts
Evicting a tenant without a lease isn’t impossible; it’s just layered.
It requires patience, legal precision, and above all, self-compassion.
You didn’t plan for this. But now that you’re here, you deserve a path forward that honors your time, your peace, and your financial health.
Whether you follow the court process or hand off the stress to someone like Mike Wall, just know this:
You’re not stuck. There’s a way out—and we’re here when you’re ready.
Ready to reclaim your property without the chaos?
👉 Contact Mike Wall at EZ Sell Homebuyers and get your free, no-pressure cash offer today.
Frequently Asked Questions
Q1: Can I really evict someone in Ohio without a written lease?
A: Yes. In Ohio, even without a lease, a tenant is typically seen as a month-to-month renter. That means you still have the right to terminate their stay legally. You’ll just need to issue a 30-day written notice and follow proper eviction procedures through the court system.
Q2: What if the tenant never paid rent and I want them out immediately?
A: It’s understandable to feel frustrated, especially when rent has never been paid. But Ohio law still requires landlords to give 30 days’ notice, even in these cases. The court system doesn’t consider payment history when it comes to the right to due process.
Q3: Can I change the locks if they won’t leave?
A: No, changing the locks or removing their belongings without a court order is considered an illegal “self-help” eviction in Ohio. Always go through the legal channels, or you could end up in trouble yourself.
Q4: What happens if they leave a bunch of stuff behind?
A: After a court-ordered set-out, you’re usually allowed to dispose of the belongings if the tenant doesn’t return. That said, Dayton courts often recommend giving a brief grace period if possible. Always check with local law enforcement before discarding anything of major value.
Q5: I don’t want to deal with court. Can I sell the house with the tenant still inside?
A: Absolutely. Many sellers in Dayton choose to work with EZ Sell Homebuyers to sell their home “as-is,” including tenant problems. You won’t need to wait for an eviction or deal with court dates. Mike Wall’s team handles everything, discreetly and quickly.
Q6: What if the tenant is family or a friend? It feels wrong to evict them.
A: You’re not alone in feeling conflicted. Evictions can be emotionally messy, especially when personal ties are involved. But your financial security—and peace of mind matters too. Sometimes, setting boundaries is the most loving (and necessary) choice you can make.