Ohio Rev. Code § 1923 § 1923.09
Suit tried by county court judge.
Operative Text
(A) If an action under this chapter is not continued, the place of trial is not changed, and neither party demands a jury on the return day of the summons, a judge of the court shall try the cause. After hearing the evidence, if the judge concludes that the complaint is not true, the judge shall enter judgment against the plaintiff for costs. If the judge finds the complaint to be true, the judge shall render a general judgment against the defendant, in favor of the plaintiff, for restitution of the premises and costs of suit. If the judge finds the complaint true in part, the judge shall render a judgment for restitution of that part only, and the costs shall be taxed as the judge considers just. (B) If a judgment is entered under this section in favor of a plaintiff who is a park operator, the judge shall include in the judgment entry authority for the plaintiff to permit, in accordance with section 1923.12 and division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code, the removal from the manufactured home park and potential sale, destruction, or transfer of ownership of the defendant's manufactured home, mobile home, or recreational vehicle.
Ohio Rev. Code § 1923.09 governs how eviction (forcible entry and detainer) cases are decided when no jury is requested and the case proceeds to trial before a county court judge on the return date of the summons. If the judge finds the complaint unsupported, judgment goes to the defendant and the plaintiff bears costs. If the complaint is found true, the judge awards the plaintiff restitution of the premises plus costs; if only partly true, restitution is limited to that portion and costs are allocated at the judge's discretion. A special rule applies when the plaintiff is a manufactured home park operator: a favorable judgment must also authorize the potential removal, sale, destruction, or transfer of the defendant's manufactured home or vehicle, consistent with related code sections.
Plain English — not legal advice.
Under Ohio Rev. Code § 1923.09, a landlord or park operator who files an eviction action should be prepared to present evidence on the return day of the summons, since the judge may try the case immediately if no continuance is granted, the venue is unchanged, and neither side requests a jury. A successful plaintiff receives a judgment for restitution of the premises and costs; park operators should be aware that the judgment entry must also include specific language authorizing disposition of any manufactured home, mobile home, or recreational vehicle under the related statutory provisions. Maintaining thorough documentation of the lease, notices, and any lease violations supports a clear evidentiary record before the court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ohio Rev. Code § 1923.09 means that if a tenant does not request a jury trial on the return day of the summons, the eviction case will be decided by a judge who weighs the evidence presented by both sides. A tenant has the right to present evidence challenging the complaint, and if the judge finds the complaint untrue, judgment is entered in the tenant's favor with costs assessed against the landlord. Tenants facing eviction—particularly those in manufactured home parks, where an adverse judgment can also authorize removal or sale of their home—may wish to consult a tenant-rights organization or legal aid provider to understand available defenses and procedural options under this section.
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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