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Major Change to Franklin County, Ohio Eviction Process: Landlord Testimony Required

Client Alert
September 23, 2020

Although there is currently a nationwide temporary halt on all residential evictions through December 31, 2020, the eviction process in Franklin County – which processes the highest number of evictions in the State of Ohio at approximately 18,000 a year – recently changed significantly. On September 3, 2020, the Tenth District Court of Appeals issued a decision holding that landlords and property managers must provide live testimony, as opposed to an affidavit, in order to evict a tenant. T&R Properties, Inc. v. Wimberly, 10th Dist. Franklin No. 19AP-567, 2020-Ohio-4279. This decision comes after the August 2019 eviction of Traci Wiberly, who was evicted from her Canal Winchester Apartment following a hearing in which neither she nor her landlord were present. Judgment was granted in favor of the landlord based solely on an affidavit, with no live testimony presented by either party in court. 

This decision overruled the 32-year old precedent set forth in Oakbrook Realty Corp. v. Blout, which was long interpreted by the Franklin County Municipal Court to “grant judgment on a forcible entry and detainer claim relying solely on the statements contained in an affidavit without any testimony being offered in open court. Wimberly at ¶46 citing Oakbrook Realty Corp v. Blout, 48 Ohio App. 3d 69 (Ohio Ct. App. 1988). The Wimberly decision rewrites a longstanding policy in Franklin County Municipal Court eviction proceedings. Now, live testimony must be given by the landlord and/or property manager in open court in an eviction proceeding, unless an enumerated exception applies. See Wimberly at ¶37.

If you have questions or need more information regarding the potential impact of the Wimberly decision, please contact your primary BMD attorney.

bmdBrennan Manna Diamondkrista warrenfranklin countyresidential evictionslandlordresidential tenantsohio
Client Alert

Key Healthcare Provisions in Ohio’s 2026–2027 Budget

July 2, 2025Ohio’s newly enacted biennial budget (HB 96) for FY 2026–2027 brings sweeping changes for healthcare providers across the state. The law includes new Medicaid eligibility requirements, reporting mandates, funding directives, and social policy provisions. Several vetoes by Governor DeWine also affect healthcare-related initiatives.Client Alert

Providers Beware: Court Sides with Insurers in No Surprises Act Arbitration

July 2, 2025On June 12, 2025, the Fifth Circuit ruled in favor of Aetna and Kaiser in two lawsuits brought by air ambulance providers challenging how insurers calculated payments under the No Surprises Act’s Independent Dispute Resolution process. The court held that unless there is clear evidence of fraud or serious misconduct, IDR decisions will stand, reinforcing the finality of the arbitration process.Client Alert

Introducing HB 281: Enforcement of Federal Immigration Laws in Ohio Hospitals

July 1, 2025House Bill 281, introduced on May 20, 2025, would require Ohio hospitals to allow law enforcement, including federal immigration agents, to enter facilities and enforce immigration laws. The bill mandates that hospitals comply with information requests and adopt formal policies, raising significant concerns about patient privacy and access to care for immigrant communities.Client Alert

Parental Consent May Soon Be Required for Minor Mental Health Services in Ohio

June 25, 2025HB 172 proposes repealing a provision in Ohio law that allows minors age 14 and older to consent to limited outpatient mental health services without parental involvement. The bill would require parental consent for all such care and remove related language from other sections of the Ohio Revised Code.Client Alert

Community Behavioral Health Providers - Supervisor Pricing Changes Begin July 1 [Corrected Date]

June 16, 2025Effective June 16, community behavioral health providers wishing to receive reimbursement at the supervisor rate must add the HP or HT Modifier to fee-for-service (FFS) claims. Find out about the new guidelines.
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