An Ohio eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Ohio landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
| Notice Form | Grounds | Curable? |
| 3 Day Notice To Quit | Unpaid Rent | Yes |
| 3 Day Notice To Comply or Vacate | Lease Violation | Yes |
| 30 Day Notice To Comply or Vacate | Health / Safety Violation | Yes |
| 3 Day Notice To Vacate | Criminal / Illegal Activity | No |
| 30 Day Notice To Vacate | No Lease | No |
Many Ohio properties are federally entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This minimum applies to evictions for nonpayment of rent or fees, when a residential property was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. [4]
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An Ohio 3 Day Notice To Quit evicts a tenant for nonpayment of rent. In Ohio, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within three (3) judicial days (i.e., not counting weekends and legal holidays).
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An Ohio 3 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenants must take appropriate corrective action, or move out within three (3) judicial days (i.e., not counting weekends or legal holidays).
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An Ohio 30 Day Notice To Comply or Vacate demands that tenants restore the premises to a clean and sanitary condition when there has been a health or safety violation. The tenants must take appropriate corrective action, or move out within thirty (30) calendar days.
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An Ohio 3 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. This might be something like illegal activity on the premises, or a llowing a sex offender to reside within 1000 feet of a facility where children are present. The tenant must move out within three (3) judicial days (i.e., not counting weekends and legal holidays).
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An Ohio 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
For an eviction notice to be legally compliant:
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
An eviction notice in Ohio takes effect the day after it is served. If the notice period is less than seven (7) days, only judicial days are counted, so weekends and legal holidays are excluded.
If the notice period is seven (7) days or more, then all days during the notice period are counted, including weekends and legal holidays.
If the last day falls on a weekend or legal holiday, then the notice will not officially expire until the following judicial day. A judicial day is a day when the courthouse is open. [1]
Ohio landlords may deliver an eviction notice using any of these methods: [2]
Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times. [3]
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.
Time: computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. When a public office in which an act, required by law, rule, or order of court, is to be performed is closed to the public for the entire day which constitutes the last day for doing such an act, or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday.
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.”
(D) 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 .
We conclude that 15 U.S.C. 9058(c)(1) requires that a lessor of covered dwelling must provide a tenant with a notice to vacate 30 days before filing a forcible entry and detainer action.
