Ohio Senate Bill 237, which became effective April 9, 2025, includes significant changes that impact how landlord-tenant documents are posted and served in eviction proceedings. While SB 237 is primarily known for enacting the Uniform Public Expression Protection Act (UPEPA) to combat frivolous lawsuits, an important rider within this legislation specifically addresses eviction procedures and tenant protections.
This comprehensive law affects everyone involved in the eviction process: from landlords filing cases to process servers delivering documents to tenants receiving notices. Understanding these changes is essential for maintaining compliance and avoiding costly penalties.
What SB 237 Changes for Eviction Proceedings
The most significant change under SB 237 relates to who can be named as defendants in eviction cases. The law now prohibits landlords from naming minor tenants (under 18 years old and not legally emancipated) as defendants in eviction proceedings when a parent or adult guardian is also listed as a defendant on the same complaint.
This change directly impacts how eviction documents are prepared and served. Process servers must now verify that they are serving appropriate parties and cannot serve eviction notices directly to minors when adult guardians are available and named in the case.
In addition to eviction complaints, minors' names should not appear on any landlord-tenant documents or eviction notices when an adult guardian is named. Legally, SB 237 only requires this for complaints, but it is best practice to avoid including minors' names on any paperwork to ensure full compliance and prevent confusion.
Enhanced Protections Against Retaliatory Actions
The UPEPA component of SB 237 creates new safeguards for tenants who exercise their legal rights or report housing code violations. Landlords can no longer file retaliatory eviction proceedings against tenants who:
- Report building code violations to authorities
- Complain about unsafe living conditions
- Exercise their rights under Ohio landlord-tenant law
- Participate in tenant organizations or advocacy groups
These protections mean that process servers may encounter cases where tenants claim eviction proceedings are retaliatory. While process servers are not responsible for determining the validity of such claims, they should be aware that these protections exist and may affect how cases proceed through the courts.
Posting and Notice Requirements Under the New Law
Standard posting procedures for eviction notices remain largely unchanged under SB 237, but the enhanced penalties for violations make proper execution more critical than ever. Process servers must continue to follow established protocols for:
Personal Service: Delivering documents directly to the tenant or authorized representative
Substitute Service: Leaving documents with a suitable adult at the residence when personal service cannot be completed
Posting Service: Affixing notices to the property in a conspicuous location when other service methods fail
Certified Mail: Sending copies via certified mail as required by Ohio law
The key difference is that improper service now carries significantly higher financial penalties and enhanced enforcement mechanisms.
Documentation Requirements Have Increased in Importance
With enhanced penalties for eviction law violations, thorough documentation of service attempts becomes even more crucial. Process servers should maintain detailed records including:
- Date and time of each service attempt
- Method of service used
- Description of the person served (if applicable)
- Exact location where documents were posted
- Photographic evidence of posting when possible
- Weather conditions that might affect posted notices
Courts now impose mandatory fines for eviction procedure violations, making proper documentation essential protection against challenges to service.
Impact on Landlord Responsibilities
Landlords must now exercise greater care when initiating eviction proceedings. The law requires landlords to:
Verify Defendant Information: Ensure that only appropriate parties are named as defendants, excluding minors when adult guardians are available
Avoid Retaliatory Actions: Confirm that eviction proceedings are based on legitimate lease violations rather than tenant complaints or legal actions
Follow Proper Procedures: Maintain strict adherence to statutory requirements, as penalties for violations have increased substantially
Maintain Complete Records: Document all interactions and procedures thoroughly to defend against potential challenges
What Process Servers Need to Know
Process servers working on landlord-tenant cases should implement these practices:
Pre-Service Review: Verify that defendants listed are appropriate under the new minor protection provisions
Enhanced Documentation: Maintain more detailed records of service attempts and outcomes
Updated Procedures: Review current posting and service procedures to ensure compliance with any local court rules that may have changed in response to SB 237
Communication with Clients: Inform attorney and landlord clients about the enhanced penalties and documentation requirements
Enhanced Penalty Structure
SB 237 significantly increases the consequences for eviction law violations. Landlords who engage in illegal eviction practices now face:
Higher Civil Penalties: Substantially increased fines for violations such as changing locks without court authorization or shutting off utilities
Mandatory Court Enforcement: Judges must now impose fines for clear violations, reducing judicial discretion
Expanded Tenant Remedies: Tenants can recover statutory damages, actual losses, and attorney's fees for violations
Enhanced Enforcement: Stronger mechanisms to ensure compliance with eviction procedures
These enhanced penalties create additional liability exposure for landlords who fail to follow proper procedures, making accurate document service more important than ever.
Practical Steps for Compliance
For Landlords:
- Review all pending eviction cases to ensure compliance with minor defendant restrictions
- Implement procedures to verify tenant ages before filing eviction actions
- Ensure eviction proceedings are based on legitimate lease violations
- Maintain comprehensive documentation of all tenant interactions
- Work with experienced process servers who understand the new requirements
For Process Servers:
- Verify defendant information before attempting service
- Enhance documentation procedures for all service attempts
- Maintain photographic records of posting when applicable
- Update affidavit forms to reflect more detailed service information
- Stay informed about any additional local court rule changes
Timeline and Implementation
SB 237 became effective April 9, 2025, meaning all eviction proceedings filed after that date must comply with the new requirements. Cases filed before the effective date may still be governed by previous law, but process servers should confirm applicable requirements with the court clerk or attorney clients.
The enhanced penalty structure applies to all violations occurring after the effective date, regardless of when the original lease was signed or eviction proceedings began.
Working with Legal Professionals
Given the enhanced penalties and new procedural requirements, landlords and process servers should consider working more closely with experienced legal professionals. The increased complexity of eviction law makes proper legal guidance more valuable than ever.
For landlords unfamiliar with the new requirements, consulting with attorneys who specialize in landlord-tenant law can help avoid costly violations. Process servers should maintain open communication with attorney clients about any unusual circumstances that arise during service attempts.
Moving Forward with SB 237 Compliance
The changes introduced by SB 237 represent Ohio's commitment to ensuring fair and lawful eviction procedures. While the enhanced penalties may seem daunting, they primarily affect landlords who fail to follow established legal procedures.
Process servers who maintain thorough documentation and follow proper service procedures should find minimal impact on their daily operations. The key is understanding the new minor defendant restrictions and maintaining enhanced documentation standards.
For professional process service that ensures compliance with Ohio's evolving landlord-tenant laws, RVB Services provides experienced service throughout Ohio. Our team stays current with legal changes to ensure your documents are served properly and in full compliance with state requirements.
Understanding and adapting to these changes protects all parties involved in the eviction process and helps maintain the integrity of Ohio's landlord-tenant legal system.
Frequently Asked Questions (FAQ)
-
Can I list minors on eviction complaints or landlord-tenant documents?
No. SB 237 prohibits naming minors as defendants in eviction complaints if an adult guardian is named. It is also best practice not to include minors' names on any landlord-tenant documents or notices. -
What happens if I accidentally include a minor's name on a document?
This can result in enhanced penalties or fines and may cause delays or complications in your eviction case. -
Who is responsible for compliance with SB 237?
Landlords, property managers, and their legal teams are ultimately responsible. Process servers should verify and notify clients of any issues. -
Does this law apply to all eviction paperwork or just court filings?
The legal requirement applies to court complaints, but best practice is to exclude minors from all related paperwork to avoid confusion.
Next steps: start service or request guidance. Use our secure RVB Services intake page to upload documents and provide case details: Start Service – RVB Services Intake. If you need assistance before submitting, contact us and we will outline the process and timelines.
This blog post is for general informational purposes only and does not constitute legal advice. For advice regarding your specific situation, please consult a qualified attorney. For further clarification, see the FAQ section above.
To get started, contact RVB Services for service of process, document delivery, skip tracing, or other legal support needs.
