Home › Landlords › Ohio › Montgomery County

Montgomery County Eviction Court — Landlord Filing Guide (2025)

Everything Ohio landlords need to file a Forcible Entry and Detainer in Montgomery County — fees, courthouse info, timeline, and step-by-step process.

$100
Filing fee
2–4 weeks
Hearing wait
4–6 weeks
Total process
E-File ✓
Filing method

🏛️ Montgomery County Courthouse Information

⚠️ Montgomery County — What Landlords Should Know

Montgomery County follows standard Ohio eviction procedures.

Need an Eviction Attorney in Montgomery County?

Procedural mistakes can get your case dismissed. Get matched with a local Montgomery County eviction attorney — free consultation.

Step-by-Step: How to File an Eviction in Montgomery County

1

Serve the Required Notice

Before filing, you must serve a written notice. For non-payment of rent, a 3-day Pay or Quit notice is required. For lease violations, serve a 30-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per Ohio law.

2

File Your Forcible Entry and Detainer at Montgomery County Courthouse

After the notice period expires without compliance, file your eviction complaint at the Montgomery County Courthouse (41 N. Perry St., Dayton, OH 45422). The filing fee is $100. Bring: your lease agreement, the notice, and proof of service. Online filing is also available.

3

Serve the Summons on the Tenant

After filing, the court issues a summons. In Montgomery County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $25. You must NOT serve the summons yourself — improper service can get your case dismissed.

4

Attend the Court Hearing

Hearings in Montgomery County are typically scheduled 2–4 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.

5

Obtain and Enforce the Writ of Possession

After a judgment in your favor, request a Writ of Possession from the clerk. The Ohio Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself — this constitutes illegal self-help eviction in Ohio.

Montgomery County Eviction Filing Cost Breakdown

Cost Amount Notes
Court Filing Fee $100 Paid to Montgomery County Clerk of Court
Summons Service $25 Sheriff or process server fee
Writ of Possession ~$21–$25 Sheriff enforcement after judgment
Attorney (optional) $400–$1500 Recommended for contested cases

Frequently Asked Questions — Montgomery County Evictions

How long does an eviction take in Montgomery County?

The typical Montgomery County eviction takes 4–6 weeks from serving the initial notice to enforcement — assuming the tenant does not contest. A contested eviction can take significantly longer. Montgomery County is generally considered a landlord-friendly jurisdiction.

How much does it cost to file an eviction in Montgomery County?

The court filing fee in Montgomery County is $100. Additional costs typically include: process service or sheriff fee ($25), Writ of Possession enforcement (~$21–$25), and attorney fees if represented ($400–$1500). Total out-of-pocket without an attorney is typically $146–$150.

What court handles evictions in Montgomery County?

Evictions in Montgomery County are filed at the Montgomery County Courthouse, located at 41 N. Perry St., Dayton, OH 45422. The case type is filed as a Forcible Entry and Detainer.

Can I file an eviction online in Montgomery County?

Yes, Montgomery County accepts electronic filing for eviction cases. You can file the complaint and pay fees online, though in-person service of process is still typically required.

Do I need a lawyer to evict a tenant in Montgomery County?

Ohio law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.

What happens if the tenant doesn't leave after the eviction judgment in Montgomery County?

After a judgment in your favor, request a Writ of Possession from the court. The Montgomery County Sheriff's office will then execute the writ — notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in Ohio.

See full Ohio eviction laws and notice requirements.

Ohio Eviction Guide for Landlords →

Download the eviction notice you must serve before filing in Ohio.

Ohio Eviction Notice Templates →

Is your tenant facing eviction in Montgomery County? See their rights.

Tenant Rights in Montgomery County →

Relevant Ohio Statutes