An Ohio 3 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation, such as parking in an unauthorized area. The tenant must take appropriate corrective action or move out within three (3) judicial days (i.e., not counting weekends or holidays) of receiving notice.
When To Use an Ohio 3 Day Notice To Comply or Vacate
A 3 Day Notice To Comply or Vacate begins the eviction process in Ohio:
- Parking in an unauthorized area
- Refusal to allow the landlord lawful access to the property
- Occupancy violations
- Other lease violations
Some types of Ohio lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Ohio 3 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Ohio 3 Day Notice To Comply or Vacate
Ohio landlords may deliver a Notice To Comply or Vacate 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.
Sources
- 1 Ohio Rev Code § 5321.05
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A tenant who is a party to a rental agreement shall do all of the following:
(1) Keep that part of the premises that he occupies and uses safe and sanitary;
(2) Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner;
(3) Keep all plumbing fixtures in the dwelling unit or used by him as clean as their condition permits;
(4) Use and operate all electrical and plumbing fixtures properly;
(5) Comply with the requirements imposed on tenants by all applicable state and local housing, health, and safety codes;
(6) Personally refrain and forbid any other person who is on the premises with his permission from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises;
(7) Maintain in good working order and condition any range, regrigerator, washer, dryer, dishwasher, or other appliances supplied by the landlord and required to be maintained by the tenant under the terms and conditions of a written rental agreement;
(8) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises;
(9) Conduct himself, and require persons in his household and persons on the premises with his consent to conduct themselves, in connection with the premises so as not to violate the prohibitions contained in Chapters 2925. and 3719. of the Revised Code, or in municipal ordinances that are substantially similar to any section in either of those chapters, which relate to controlled substances.
(B) The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver parcels that are too large for the tenant’s mail facilities, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
Source Link - 2 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 - 3 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
