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A landlord of commerical property may evict a tenant in one of two ways. First, he may simply remove the tenant's possessions and change the locks. This is known as a self help eviction, and it is legal to do it if it can be accomplished without a "breach of the peace." A breach of the peace is interpreted liberally, to incude anything that causes a disturbance, even cutting a chain or padlock with bolt cutters.
The safer way to conduct an eviction of a commericial tenant is to go through the statutory process outlined in Ohio Revised Code Section 1923. While most people think that R.C. 1923 evictions can only be used against residential tenants, this belief is not correct. Rather it is true to say that R.C. 1923 evictions must be used against residential tenants, but can be used against commericial tenants.Thus a landlord may employ the statutory eviction process found in Ohio Revised Code Section 1923 against commercial tenants.The case law on this is Sterling Heath Care v. Laughlin, 1993 Ohio App. LEXIS 2659.
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