Ohio § 1923.06
Full text of Ohio Ohio Revised Code § 1923.06, with citation guidance and answers to common questions.
§ 1923.06.
(A) Any summons in an action, including a claim for possession, pursuant to this chapter
shall be issued, be in the form specified, and be served and returned as provided
in this section. Such service shall be at least seven days before the day set for trial. (B) Every summons issued under this section to recover residential premises shall contain
the following language printed in a conspicuous manner: “A complaint to evict you
has been filed with this court. No person shall be evicted unless the person's right to possession has ended and
no person shall be evicted in retaliation for the exercise of the person's lawful
rights. If you are depositing rent with the clerk of this court you shall continue to deposit
such rent until the time of the court hearing. The failure to continue to deposit such rent may result in your eviction. You may request a trial by jury. You have the right to seek legal assistance. If you cannot afford a lawyer, you may contact your local legal aid or legal service
office. If none is available, you may contact your local bar association.” (C) The clerk of the court in which a complaint to evict is filed shall mail any summons
by ordinary mail, along with a copy of the complaint, document, or other process to
be served, to the defendant at the address set forth in the caption of the summons
and to any address set forth in any written instructions furnished to the clerk. The mailing shall be evidenced by a certificate of mailing which the clerk shall
complete and file. In addition to this ordinary mail service, the clerk also shall cause service of that
process to be completed under either of the following: (1) Division (D) or (E) of this section or both, depending upon which of those two methods
of service is requested by the plaintiff upon filing the complaint to evict; (2) Division (F) of this section if the action relates to a deceased manufactured home
park resident. (D)(1) If requested, the clerk shall deliver sufficient copies of the summons, complaint,
document, or other process to be served to, and service shall be made by, one of the
following persons: (a) The sheriff of the county in which the premises are located when the process issues
from a court of common pleas or county court; (b) The bailiff of the court for service when process issues from a municipal court; (c) Any person who is eighteen years of age or older, who is not a party, and who has
been designated by order of the court to make service of process when process issues
from any of the courts referred to in divisions (D)(1)(a) and (b) of this section. (2) The person serving process shall effect service at the premises that are the subject
of the forcible entry and detainer action by one of the following means: (a) By locating the person to be served at the premises to tender a copy of the process
and accompanying documents to that person; (b) By leaving a copy of the summons, complaint, document, or other process with a person
of suitable age and discretion found at the premises if the person to be served cannot
be found at the time the person making service attempts to serve the summons pursuant
to division (D)(2)(a) of this section; (c) By posting a copy in a conspicuous place on the subject premises if service cannot
be made pursuant to divisions (D)(2)(a) and (b) of this section. (3) Within five days after receiving the summons, complaint, document, or other process
from the clerk for service, the person making service shall return the process to
the clerk. The person shall indicate on the process which method described in division (D)(2)
of this section was used to serve the summons. The clerk shall make the appropriate entry on the appearance docket. (E) If requested, the clerk shall mail by certified mail, return receipt requested, a
copy of the summons, complaint, document, or other process to be served to the address
set forth in the caption of the summons and to any address set forth in any written
instructions furnished to the clerk. (F)(1) If the person to be evicted in an action pursuant to this chapter is a deceased manufactured
home park resident, the plaintiff shall provide to the clerk the following information: (a) If the plaintiff knows that a probate court has granted letters testamentary or of
administration for the estate of the deceased resident, the name and address of the
probate court, the case number of the estate, and the name and address of the executor
or administrator appointed by the probate court; (b) If the plaintiff knows that a probate court has not granted letters testamentary
or of administration for the estate of the deceased resident or does not know whether
or not a probate court has granted letters testamentary or of administration for the
estate, the names and addresses of the deceased resident's spouse and any other members
of the deceased resident's immediate family that are known to the plaintiff; (c) If the plaintiff does not possess the information set forth in division (F)(1)(a)
or (b) of this section, an affidavit from the plaintiff stating that the plaintiff
does not possess the information. (2)(a) Upon receipt from the plaintiff of the information set forth in division (F)(1)(a)
of this section, the clerk shall mail by certified mail, return receipt requested,
a copy of the summons, complaint, document, or other process to be served to the address
of the executor or administrator appointed by the probate court. (b) Upon receipt from the plaintiff of the information set forth in division (F)(1)(b)
or (c) of this section, the clerk shall do both of the following: (i) Mail by ordinary mail and by certified mail, return receipt requested, a copy of
the summons, complaint, document, or other process to be served to the persons and
addresses provided by the plaintiff, if any. The ordinary mail mailing shall be evidenced by a certificate of mailing that the
clerk shall complete and file. (ii) Cause service of notice to be made by publication in a newspaper of general circulation
in the county in which the complaint is filed. The publication shall set forth the name and address of the court, the case number,
the name and address of the plaintiff or the plaintiff's attorney, and the name and
address of the deceased manufactured home park resident. The publication shall describe the premises entered upon and detained, shall contain
a summary statement of the object of the eviction complaint against the deceased resident,
and shall state that the claim for restitution of the premises shall be scheduled
for a hearing in accordance with local court rules, but in no event sooner than the
seventh day from the date service is complete. The clerk shall cause the publication to be published at least once a week for two
weeks. (G) Service of process shall be deemed complete on the date that any of the following
has occurred: (1) Service is made pursuant to division (D)(2)(a) or (b) of this section. (2) Both ordinary mail service under division (C) and service by posting pursuant to
division (D)(2)(c) of this section have been made. (3) For service performed pursuant to division (E) or (F)(2)(a) of this section, on the
date of mailing, if on the date of the hearing either of the following applies: (a) The certified mail has not been returned for any reason other than refused or unclaimed. (b) The certified mail has not been endorsed, and the ordinary mail has not been returned. (4) For service performed under division (F)(2)(b) of this section, on the date of mailing
under division (F)(2)(b)(i) of this section or on the date of the last publication
under division (F)(2)(b)(ii) of this section, whichever is later, if on the date of
the hearing, either of the following applies: (a) The certified mail has not been returned for any reason other than refused or unclaimed. (b) The certified mail has not been endorsed, and the ordinary mail has not been returned. (H)(1) The claim for restitution of the premises shall be scheduled for hearing in accordance
with local court rules, but in no event sooner than the seventh day from the date
service is complete. (2) Answer day for any other claims filed with the claim for possession shall be twenty-eight
days from the date service is deemed complete under this section. (I) As used in this section, “ immediate family ” means a person's spouse, brothers and sisters of the whole or half blood, children,
including adopted children and stepchildren, parents, and grandparents.
Frequently Asked Questions About Ohio § 1923.06
What does Ohio Revised Code § 1923.06 cover?
Section 1923.06 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1923.06?
A common citation format is "Ohio Revised Code § 1923.06" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1923.06 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.