How to Stay a Sheriff Lockout During an Eviction Appeal in Ohio

If you’re facing eviction in Ohio, you might be worried about being forcibly removed from your home by the sheriff (sheriff lockout). However, even after a court orders an eviction, you may have options to pause the lockout by filing an appeal and following certain legal steps. Knowing how to request a stay can mean more time to move, negotiate, or gather documents.

Understanding Eviction Appeals and Sheriff Lockouts in Ohio

In Ohio, when a court grants your landlord an eviction (known as a "forcible entry and detainer" judgment), the landlord can ask the local sheriff to remove you if you don’t leave voluntarily. But, if you believe there’s been an error or have a valid legal reason, you have the right to appeal the eviction decision.

An appeal means asking a higher court (Ohio Court of Appeals) to review the eviction order. Importantly, just filing an appeal does not automatically stop the sheriff from locking you out. Instead, you must request a formal "stay of execution"—a pause on the eviction order—usually by filing the right forms, sometimes called a supersedeas bond.

Key Terms Explained

• Sheriff’s Lockout: When the sheriff comes to change your locks and remove you after an eviction order.
• Appeal: A legal process to challenge the court’s eviction decision by taking your case to a higher court.
• Stay of Execution: A court order that temporarily stops the eviction and the sheriff lockout while your appeal is being considered.

How to Stay an Eviction: The Basic Steps

Here’s a step-by-step guide on what most tenants in Ohio need to do to pause or "stay" a sheriff lockout while they appeal:

• File a Notice of Appeal with the municipal or county court that issued the eviction judgment.
• Request a Stay of Execution by filing a written motion or application in the same trial court. This is not automatic.
• Post a Supersedeas Bond: The court usually requires you to deposit money or a bond (often the amount of one month’s rent or more) to cover future rent during the appeal.

Official Forms You May Need

• Notice of Appeal (Form varies by court):
  
  • This form tells the lower court and the other party you plan to appeal their decision. Typically filed within 5 days of the eviction judgment.
  • Ohio Rules of Appellate Procedure (Rule 3: How to file a Notice of Appeal)
• Motion to Stay Execution of Judgment (No universal form):
  
  • This is a written request to the court for a temporary hold on your eviction while your appeal is pending.
  • Ask the clerk for the correct format or see your local municipal or county court website.
• Supersedeas Bond (Form at clerk’s office):
  
  • The bond is usually set by the judge; it’s a financial guarantee (such as a deposit or surety bond) that future rent will be paid if you lose your appeal.
  • Ohio Revised Code Section 1923.14: Stay on Appeal in Eviction Cases

If you’re unsure which forms to use, ask your local court clerk or check the official websites linked above.

Which Tribunal Handles Eviction Appeals in Ohio?

Eviction cases in Ohio are first handled by your local Municipal or County Court. Eviction appeals are heard by the Ohio Court of Appeals. Both may play a role in granting or denying a stay of execution during your appeal process.

Relevant Tenancy Legislation

• Ohio Revised Code Chapter 1923 - Forcible Entry and Detainer (Eviction)
• Section 1923.14 - Stay on Appeal
• Ohio Rules of Civil Procedure

FAQ: Ohio Renters and Sheriff Lockouts

1. How soon does the sheriff lockout happen after an eviction judgment?
   Generally, sheriff lockout can occur 5–10 days after the judgment, but timing may vary by county.
2. Does filing an appeal automatically stop my eviction in Ohio?
   No. You must specifically request a stay and meet bond or payment conditions for protection against a lockout.
3. What happens if I can't afford the supersedeas bond?
   If you can't pay, ask the court for a reduced bond or fee waiver due to financial hardship. Documentation may be required.
4. Where can I get the forms for staying an eviction?
   Most forms are available from your local municipal or county court or their official website.
5. Can I be locked out while my appeal is being considered?
   Yes, unless the court grants a stay and you meet the conditions. Always confirm with the court clerk that a stay is in place.

Summary and Key Takeaways

• Appealing your eviction does not automatically stop sheriff lockout in Ohio.
• To delay removal, you must file a motion to stay and may need to post a bond.
• Use the official forms, follow local court procedures, and seek help if you can't afford court costs.

Need Help? Resources for Renters

• Find Your Local Ohio Municipal or County Court: Official links and contact information for local courts handling eviction cases.
• Ohio Court of Appeals: Information on filing, timelines, and court locations.
• Ohio Supreme Court - Eviction FAQs: Up-to-date advice and guidance for renters facing eviction.
• Ohio Revised Code Section 1923.14: Full law text on stay of execution and appeal procedures.

---

1. Ohio Revised Code, Chapter 1923 (Evictions)
2. Ohio Revised Code, Section 1923.14 (Stay on Appeal)
3. Ohio Rules of Civil Procedure
4. Ohio Court of Appeals

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations