An Ohio 30 Day Notice to Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for failing to maintain the premises in a clean and sanitary manner. The tenant must take appropriate corrective action, or else move out within thirty (30) calendar days of receiving notice.
When To Use an Ohio 30 Day Notice To Comply or Vacate
An Ohio 30 Day Notice To Comply or Vacate begins the eviction process when the tenant has violated health and safety standards.
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 30 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 basis for terminating the tenancy
- Specify the termination date of the lease or tenancy
- 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 30 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 § 5321.11
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If the tenant fails to fulfill any obligation imposed upon him by section 5321.05 of the Revised Code that materially affects health and safety, other than the obligation described in division (A)(9) of that section, the landlord may deliver a written notice of this fact to the tenant specifying the act or omission that constitutes noncompliance with the pertinent obligations and specifying that the rental agreement will terminate upon a date specified in the notice, not less than thirty days after receipt of the notice. If the tenant fails to remedy the condition specified in the notice, the rental agreement shall terminate as provided in the notice.
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
