Ohio Rev. Code § 1923 § 1923.05
Complaint filed and recorded - no minor tenants listed as defendants.
Operative Text
(A) The summons shall not issue in an action under this chapter until the plaintiff files a complaint in writing with the court. The complaint shall particularly describe the premises so entered upon and detained, and set forth either an unlawful and forcible entry and detention, or an unlawful and forcible detention after a peacable or lawful entry of the described premises. The complaint shall be copied into, and made a part of the record. (B) No person shall file an action under this chapter listing a minor tenant as a defendant if a parent or adult guardian is also listed as a defendant on the same complaint. (C) The court shall dismiss without prejudice any action filed in violation of division (B) of this section and order the person that filed the action to pay the minor tenant's reasonable attorneys' fees.
Ohio Rev. Code § 1923.05 establishes two key requirements for eviction (forcible entry and detainer) actions in Ohio. First, a written complaint must be filed before a summons can issue, and that complaint must specifically describe the property and the nature of the unlawful entry or detention, becoming a permanent part of the court record. Second, the law prohibits naming a minor tenant as a defendant in the same complaint that already names a parent or adult guardian; if a case is filed in violation of this rule, the court must dismiss it without prejudice and order the filing party to pay the minor's reasonable attorney's fees.
Plain English — not legal advice.
Property owners and managers initiating eviction proceedings under Ohio Rev. Code § 1923.05 are generally expected to file a detailed written complaint that precisely identifies the property and clearly states the basis for the action before any summons is served. Compliant operators also carefully review the list of named defendants: if a parent or adult guardian is included in the complaint, a minor child living in the unit is not separately listed as a defendant. Failing to observe this requirement can result in dismissal of the entire action and a court order to pay the minor's attorney's fees, requiring the process to start over.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Ohio Rev. Code § 1923.05, tenants have the right to have any eviction complaint filed against them meet specific written requirements, including a precise description of the property and the legal basis for the action. If a minor in the household has been improperly named as a defendant alongside a parent or adult guardian, the court is required to dismiss the case without prejudice and order the plaintiff to pay the minor's reasonable attorney's fees. Tenants who believe a complaint violates these requirements may raise the issue as a defense in court, consult a local tenant-rights organization, or seek guidance from a legal aid office familiar with Ohio eviction procedures.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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