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When someone occupies your property without your permission before the property is sold, you face two separate issues: protecting your immediate possession and protecting your long-term title. Ohio law provides civil procedures to regain possession and criminal options in some circumstances. Act quickly and follow the proper legal steps — improper self-help can create liability or delay removal.

1. Distinguish the type of occupant

• Squatter / trespasser: No permission, no rent paid, no written or oral lease.
• Holdover tenant or person who claims tenancy: Claims to have a lease, paid rent, or had permission at some earlier time.
• Person with a disputed claim of ownership or adverse possession: Occupies openly and continuously and may try to claim rights over long periods.

2. Immediate steps you should take

1. Document everything: photos, dates, any communications, and any evidence of damage or use.
2. Check your title records and ownership documents. Confirm you are the recorded owner or the party authorized to act.
3. Contact local law enforcement if the occupant is engaged in criminal activity, is violent, or entered by force. Police may remove trespassers in criminal situations. For non-violent trespass, police may be limited and direct you to civil remedies.
4. Do not attempt a lockout or physical removal yourself if the occupant claims tenancy — doing so can violate Ohio law and create liability.

3. Civil removal — Forcible entry and detainer (summary eviction)

The usual civil route to remove an unauthorized occupant in Ohio is a forcible entry and detainer action (a summary eviction). Chapter 1923 of the Ohio Revised Code governs these actions and the court procedures used to restore possession to the owner. See Ohio Rev. Code Chapter 1923: https://codes.ohio.gov/ohio-revised-code/chapter-1923.

Typical steps in a forcible entry and detainer action:

1. File a complaint in the appropriate court (often municipal, county, or small claims/justice court depending on local rules and the value involved).
2. Serve the occupant with process (court papers) so they have notice and an opportunity to appear.
3. Attend a hearing. If you prove you are entitled to possession and the occupant has no legal right, the court issues a judgment for possession.
4. After a favorable judgment, request and obtain a writ of restitution or writ of possession. The sheriff or appropriate officer executes the writ and removes the occupant if needed.

Summary proceedings are generally faster than ordinary civil suits, but timing varies by county. Expect anywhere from a few weeks to a couple months, depending on service, court calendar, and whether the occupant contests.

4. Adverse possession risk

An occupant who treats the property as their own, openly and continuously for the statutory period, can try to claim title by adverse possession. Ohio law requires proof of the usual adverse-possession elements (exclusive, open, notorious, hostile, continuous possession for the statutory period). See Ohio Rev. Code Chapter 5303 for statutes related to title and adverse possession: https://codes.ohio.gov/ohio-revised-code/chapter-5303.

To minimize the risk of a future adverse possession claim, act promptly to remove unauthorized occupants and document your attempts to regain possession.

5. Criminal trespass and police involvement

If the person entered unlawfully and refuses to leave, local police can sometimes remove and arrest for criminal trespass, especially where property is secured or there is forcible entry, threats, or other crimes. Police involvement depends on facts and local enforcement policies. Police may decline civil eviction matters and will direct owners to the courts.

6. When the occupant claims tenancy or a prior agreement

If the occupant claims a lease or payment arrangement, the situation shifts. Holdover tenants often require ordinary eviction procedures under state landlord-tenant rules rather than summary forcible entry actions. Carefully review any written or oral agreements and consult an attorney. Improperly treating a tenant as a trespasser can lead to liability.

7. How a pending occupant affects a pending sale

• Buyers and lenders expect clear possession and insurable title at closing. An unresolved occupant can cause financing or closing delays.
• Notify the buyer, listing agent, and title company immediately. Title insurance companies may require the owner to obtain possession before issuing certain coverages.
• Consider including a contingency or postponing closing until you regain possession or get a court order removing the occupant.

8. Costs and timeline

You may incur court filing fees, service costs, sheriff’s fees for executing writs, and attorney fees. If you win, the court can sometimes award possession and monetary damages for use and occupancy. Timelines vary: summary eviction can be completed in a few weeks in straightforward, uncontested cases; contested matters and appeals take longer.

9. When to involve an attorney

Talk to an Ohio real property attorney when:

• The occupant contests your ownership or claims a lease.
• The occupant claims long-term possession that might lead to adverse possession.
• You need to coordinate removal with an imminent sale or lender requirements.
• Violence, threats, or complex title issues exist.

Helpful Hints

• Preserve evidence: take dated photos and keep all communications with the occupant.
• Do not try to physically remove or lock out an occupant who claims tenancy — use the legal process.
• Contact the buyer, title company, and lender as soon as you learn of the occupancy to avoid last-minute closing problems.
• Call local police for immediate criminal conduct, but be prepared to file a civil forcible entry and detainer for removal in non-criminal situations.
• Ask your attorney about getting a writ of possession and coordinating sheriff services for a safe, legally authorized removal.
• Act quickly: long, uninterrupted possession increases the risk of adverse-possession claims.
• Check Ohio Rev. Code Chapter 1923 for forcible entry and detainer procedures: https://codes.ohio.gov/ohio-revised-code/chapter-1923.
• For questions about title and adverse possession, review Ohio Rev. Code Chapter 5303: https://codes.ohio.gov/ohio-revised-code/chapter-5303.