An Ohio 3 Day Notice To Quit is a letter which complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within three (3) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use an Ohio 3 Day Notice To Quit
An Ohio 3 Day Notice To Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.
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 Quit
To help ensure the legal compliance of a Notice To Quit:
- 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 payment 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 Quit
Ohio landlords may deliver a Notice To Quit 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 § 5321.02
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Notwithstanding section 5321.02 of the Revised Code, a landlord may bring an action under Chapter 1923. of the Revised Code for possession of the premises if:
(1) The tenant is in default in the payment of rent.
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
