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Frequently Asked Questions
As a landlord what is my first step in starting the eviction process?
If your tenant is behind on rent, the first step is to serve them the Notice to Leave Premises. This form must be served by you personally or taped to the resident door. You must give the tenant three (3) full days for an opportunity to catch up on any back rent that they may owe.
I have served the Notice to Leave Premises and the tenants still have not paid back rent and have not vacated. What is next?
If after the mandated three (3) day waiting period your tenants still have not fulfilled their rent obligation or vacated the premises, you will need to file an Eviction Complaint with the Court. A $128 fee is required at the time of filing. . You may print this form Eviction Complaint and take it to the Darke County Municipal Court, 504 South Broadway, Suite 7, Greenville, OH 45331, located on the 3rd floor of the Darke County Courthouse, to file, or complete the form at the court. Eviction Complaints must either be filed in person, as the person filing the complaint must sign in the presence of a clerk or you can have the Eviction Complaint form notarized and mail it to Darke County Municipal Court along with a check for the appropriate filing fee. Once your paperwork is filed with the court, an eviction hearing (both first and second causes of action) will be scheduled and you will receive the hearing notices in the mail.
**NOTICE: IF YOU ARE FILING A COMPLAINT FOR AN EVICTION, YOU MUST BE THE OWNER OF THE REAL ESTATE. IF THE REAL ESTATE IS OWNED BY A CORPORATION OR LIMITED LIABILITY COMPANY, YOU MUST SECURE THE SERVICES OF AN ATTORNEY TO FILE THE EVICTION COMPLAINT ON BEHALF OF SAID COMPANY.**
I have completed the above steps and won judgment in Court ordering eviction and tenants have not complied. What do I do now?
At this point you will need to file a Writ of Restitution with the Court. This will be personally served by the Darke County Sheriff and will require a $175 fee at the time of filing. The eviction will be scheduled by the Sheriff’s department within ten (10) days from the date the tenant is served. At this point you will be allowed to remove the tenant’s belongings from your property. Please note that you will need to provide your own moving crew as the Sheriff’s department does not perform this function.
What if I need to evict a tenant for a reason other than non-payment of rent?
While non-payment of rent is the most common reason for eviction proceedings, we understand that you may have different circumstances for requesting an eviction. For an eviction of tenants where no back rent is due, please seek the advice of an attorney. By not following proper procedure you take the risk that your case could be dismissed at your cost.
Eviction Forms Notice
The Eviction Forms are provided to the public as a courtesy of the Court. If you have any questions, you must seek the advice of an attorney, or contact Legal Aid Line of Western Ohio at 1-888-534-1432. The Clerks cannot give you any legal advice.