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Ohio 3 Day Notice to Vacate

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Document Description

Giving notice is the first step in the eviction process. In Ohio, a 3 Day Notice is required and must contain specific language as specified under the Ohio Landlord Tenant Revised Code.

Who: Give this to the tenant who commits a lease violation, breaks the law, or falls behind in rent beyond any grace period if applicable.

What: This is a required notice that warns the tenant they must vacate or eviction proceedings will begin.

When: Give this notice 3 days before filing the court paperwork for eviction (NOT including the day of service OR weekends/holidays).

Important: University and College Student housing has different rules and regulations under the Ohio Landlord Tenant Act.

Ohio's Landlord Tenant Act can be found: http://codes.ohio.gov/orc/5321

  • OH Assist: A landlord may bring an eviction action against a tenant when the tenant has:
    1. Violated a condition of a written rental agreement that is not imposed by ORC section 5321.05, or
    2. Holding over beyond the term of the rental agreement.
    To bring an eviction action, the landlord must first serve the tenant with a 3 Day Notice to vacate. This notice must set forth the reason for the demand to vacate and also notify the tenant that:
    "You are being asked to leave the premises. If you do not leave, an eviction may be initiated against you. Please Note: If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."

    The 3 day period, for purposes of this notice, does NOT INCLUDE the day upon which the notice is given or intervening Saturdays, Sunday or holidays. After the 3 days pass, on the following day, the landlord may file the complaint for forcible entry and detainer in an Ohio Municipal Court.
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