An Ohio 7 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a week-to-week lease. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination.
When To Use an Ohio 7 Day Notice To Vacate
An Ohio 7 Day Notice To Vacate ends a week-to-week lease, or a rental situation with no written lease where the tenant pays rent weekly. Either the landlord or the tenant may deliver this notice, as appropriate.
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 7 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving party, and address of record, if known
- 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 7 Day Notice To Vacate
Ohio law is not specific on how to deliver a lease termination notice outside of an eviction context. Notice that’s adequate for eviction will also serve for non-adversarial actions like non-renewal of a lease. Ohio recognizes these delivery methods as valid:
- Hand delivery to the other party
- Leaving the notice at the other party’s property
- Delivery by certified mail
Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Sources
- 1 Ohio Rev Code § 5321.17
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Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified 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