In Ohio, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Ohio?
In Ohio, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Ohio?
In Ohio, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 3 Day Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Ohio, rent is late starting the day after it’s due.
Acceptable Forms of Service in Ohio
Ohio landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant
- Leaving the notice at the tenant’s premises or current residence
- Delivery by certified mail
Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times.
An Ohio eviction notice is NOT COMPLETE unless it contains a note with the following language:
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.
Obtaining Proof of Service in Ohio
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Leaving Notice at the Premises – by taking a photograph and completing a Declaration of Service
- Certified Mail – return receipt and completing a Declaration of Service
Ohio Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Eviction for Unpaid Rent |
| 3 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 30 Day Notice To Comply or Vacate | Eviction for Health/Safety Violation |
| 3 Day Notice To Vacate | Eviction for Criminal, Illegal Activity |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 Ohio Rev. Code § 1923.04(A)
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Except as provided in division (B) or (C) of this section, a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant’s usual place of abode or at the premises from which the defendant is sought to be evicted.
Every notice given under this section by a landlord to recover residential premises shall contain the following language printed or written in a conspicuous manner: “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.”
Source Link - 2 Ohio Court Rules of Civil Procedure - Rule 6(D)
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Time: additional time after service by mail or commercial carrier service. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon that party and the notice or paper is served upon that party by mail or commercial carrier service under Civ.R. 5(B)(2)(c) or (d), three days shall be added to the prescribed period. This division does not apply to responses to service of summons under Civ.R. 4 through Civ.R. 4.6.
Source Link
