You still have to go through the formal eviction process in Ohio even though your tenant is incarcerated. This is true whether the tenant is in jail for five days or five years. The landlord must serve the proper eviction notice(s), obtain an eviction through the court system, and conduct a set out under the supervision of a court bailiff or county sheriff (depending on the jurisdiction).
Will proper service of the summons and complaint still occur if the tenant is in jail? Generally, service occurs by posting the summons and complaint on the front door of the rental unit and by ordinary mail. Both of these methods can still be accomplished even if the tenant is in jail.
If the tenant is incarcerated, he/she won’t be able to attend the eviction hearing. Will this be a problem for my eviction action? The tenant’s absence should make the hearing proceed much more efficiently than if the tenant was there.
Do I still need to conduct a set out under the bailiff’s supervision if my tenant is in prison? Even though the tenant is incarcerated, he/she most likely has belongings at the rental unit. Given this, you should conduct a set out of the tenant’s belongings under the bailiff’s supervision.
My tenant is unlikely to retrieve his/her belongings following the set out, what do I do with them? The bailiff will tell you how long you must leave the belongings in the yard (usually 24-48 hours). After that point, you may dispose of what is left. You may also try to contact family or friends of the tenant and have them retrieve the belongings. If you are willing to take on the responsibility, you can even store the tenant’s belongings.