Eviction in Montgomery County (Dayton), Ohio
Where eviction cases are filed in Montgomery County (Dayton), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.
Quick facts: eviction in Montgomery County (Dayton)
- Eviction court
- Dayton Municipal Court (City of Dayton) and Montgomery County Municipal Court (Eastern and Western Divisions); other cities (e.g. Kettering, Oakwood, Miamisburg, Vandalia) have their own municipal courts — Municipal courts Court page
- Filing fee
- Montgomery County Municipal Court: $130 eviction filing with bailiff service and ordinary mail (one defendant); +$5 each additional defendant; certified mail $20 per defendant; writ of restitution $30. Dayton Municipal Court (properties in Dayton city limits): $160 forcible entry & detainer, 1 defendant incl. 1 ordinary mail; writ of restitution $60. Montgomery County Clerk of Courts - Municipal Court Civil Fee Schedule
- Notice before filing (state law)
- 3-day written notice to leave the premises before filing an eviction (forcible entry and detainer) action. The residential notice must conspicuously state: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." Ohio rules
- HUD Fair Market Rent, 2-bedroom (FY2026)
- $1,273/month HUD
- Renter households
- 86,837 (38% of households) Census ACS 2020–2024
Last verified against official sources: 2026-10-22
Where eviction cases are filed in Montgomery County (Dayton)
Eviction cases in Montgomery County (Dayton) are heard by the Dayton Municipal Court (City of Dayton) and Montgomery County Municipal Court (Eastern and Western Divisions); other cities (e.g. Kettering, Oakwood, Miamisburg, Vandalia) have their own municipal courts (Municipal courts).
- Dayton Municipal Court (Dayton Montgomery County Courts Building) — 301 W. Third St., Dayton, OH 45402 · website
- Montgomery County Municipal Court - Eastern Division — Huber Heights, OH · website
- Montgomery County Municipal Court - Western Division — Trotwood, OH · website
Court eviction page · Search court records
File in the municipal court whose territory contains the rental property. Dayton Municipal Court magistrates hear eviction cases.
How much it costs to file an eviction in Montgomery County (Dayton)
Montgomery County Municipal Court: $130 eviction filing with bailiff service and ordinary mail (one defendant); +$5 each additional defendant; certified mail $20 per defendant; writ of restitution $30. Dayton Municipal Court (properties in Dayton city limits): $160 forcible entry & detainer, 1 defendant incl. 1 ordinary mail; writ of restitution $60.
Dayton figures are from the court's official fee schedule PDF (rev. date: Effective November 18, 2024), https://clerkofcourt.daytonohio.gov/PA/civil_form/DaytonMunicipalCourt-FeesCosts.pdf. Dayton's Civil Division Forms PDF (2026 edition), https://clerkofcourt.daytonohio.gov/PA/civil_form/DaytonMunicipalCourt-CivilForms.pdf, breaks the eviction fee down by service: one defendant $150 (ordinary mail + process server) or $160 (ordinary mail + bailiff); two defendants $155 or $175; certified mail $20 each, additional ordinary mail $5, bailiff $10 each. Indigent filers may ask the clerk about filing an affidavit of indigency instead of paying the deposit; confirm with the clerk.
Source: Montgomery County Clerk of Courts - Municipal Court Civil Fee Schedule
How eviction cases work locally
| Mediation | Dayton Mediation Center (free/low-cost mediation) is linked by Dayton Municipal Court. Source: Official source |
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The Ohio eviction process
Ohio state law sets the notice periods and court steps everywhere in the state, including Montgomery County (Dayton):
- Serve 3-day notice to leave the premises (§ 1923.04), after any required 30-day lease-violation or termination notice
- File forcible entry and detainer complaint in municipal or county court (§ 1923.01)
- Clerk serves summons by ordinary mail plus personal service/posting or certified mail at least 7 days before trial (§ 1923.06)
- Hearing no sooner than the 7th day after service is complete; judgment for restitution of premises
- Writ of execution issued; officer must execute within 10 days of receiving it (§ 1923.14)
- Removal by sheriff, police officer, constable or bailiff
Full Ohio eviction rules with sources →
Rent in Montgomery County (Dayton)
HUD FY2026 Fair Market Rents for the Dayton-Kettering-Beavercreek, OH MSA (the rent levels used for Section 8 vouchers):
| Studio | $928 |
|---|---|
| 1 bedroom | $1,009 |
| 2 bedrooms | $1,273 |
| 3 bedrooms | $1,651 |
| 4 bedrooms | $1,817 |
Source: HUD Fair Market Rent documentation
Median gross rent in Montgomery County (Dayton): $1,026/month (Census ACS 2020–2024 5-year estimates).
HUD designates this area for Small Area FMRs (ZIP-code level) for Housing Choice Vouchers; figures shown are the metro-wide FY2026 FMRs.
County tenant ordinance
No county-level landlord-tenant ordinance identified; city rules (if any) live on city pages.
Eviction help in Montgomery County (Dayton)
Free legal help
- Advocates for Basic Legal Equality (ABLE) / Legal Aid of Western Ohio — Regional legal aid with a Greater Dayton office; check eligibility.
Other Ohio counties
- Eviction in Franklin County (Columbus)
- Eviction in Cuyahoga County (Cleveland)
- Eviction in Hamilton County (Cincinnati)
- Eviction in Summit County (Akron)
- Eviction in Lucas County (Toledo)
- Eviction in Stark County (Canton, Massillon, Alliance)
- Eviction in Butler County (Hamilton, Middletown, Fairfield)
- Eviction in Lorain County (Elyria, Lorain)
- Eviction in Mahoning County (Youngstown)
Related
- Ohio landlord-tenant law
- How long an eviction takes in Ohio
- Ohio eviction notice periods
- Notice deadline calculator
- How to evict a tenant in Ohio (landlords)
Frequently asked questions
Where do I file an eviction in Montgomery County (Dayton)?
How much does it cost to file an eviction in Montgomery County (Dayton)?
Where can I get help with an eviction in Montgomery County (Dayton)?
What is the fair market rent in Montgomery County (Dayton)?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.