Ohio Eviction Notice
An Ohio eviction notice is a legal document used by landlords to inform tenants of a violation of lease terms or noncompliance with rental agreements. This notice outlines the specific grounds for eviction and provides tenants with a designated timeframe to remedy the issue or vacate the premises.
Ohio Eviction Notice
Types of Ohio Eviction Notice Forms
Ohio law recognizes several types of eviction notices, each corresponding to different reasons for eviction and required notice periods:
3-Day Notice to Quit
- Grounds: Nonpayment of rent.
- Details: The tenant must pay all past due rent or vacate the premises within three judicial days (excluding weekends and legal holidays).
3-Day Notice to Comply or Vacate
- Grounds: Lease violations that are curable.
- Details: The tenant must correct the lease violation or vacate within three judicial days.
30-Day Notice to Comply or Vacate
- Grounds: Health or safety violations.
- Details: The tenant must correct the violation or vacate within thirty calendar days.
3-Day Notice to Vacate
- Grounds: Incurable lease violations (e.g., illegal activity).
- Details: The tenant must vacate within three judicial days.
30-Day Notice to Vacate
- Grounds: Termination of a rental agreement (month-to-month or year-to-year).
- Details: The tenant must receive notice at least thirty calendar days before the termination date.
Legal Requirements for Eviction Notices
For an eviction notice to be legally compliant in Ohio, it must include the following information:
- Full names of all tenants.
- Full address of the rental property.
- Grounds for eviction.
- Calculation and inclusion of the termination date.
- Date the notice was served.
- Signature and printed name of the landlord.
- Landlord’s address and telephone number.
Failure to include this information may result in the dismissal of the landlord’s case in court.
Methods of Serving an Eviction Notice
Ohio landlords may serve eviction notices using the following methods:
- Hand delivery to the tenant.
- Leaving the notice at the tenant’s premises.
- Delivery by certified mail (note that this extends the notice period by three calendar days).
An eviction notice is not complete unless it includes a statement advising the tenant of their rights and the potential for legal action if they do not comply.
Eviction Process in Ohio
The eviction process in Ohio involves several steps:
Step 1: Provide Eviction Notice
The landlord must serve the appropriate eviction notice to the tenant based on the grounds for eviction.
Step 2: File a Complaint with the Court
If the tenant does not comply with the notice, the landlord can file a complaint with the local court.
Step 3: Tenant’s Response
The tenant has a minimum of seven days to respond to the complaint after receiving the summons.
Step 4: Court Hearing
Both the landlord and tenant attend the court hearing. The landlord must present evidence of the notice and any lease violations.
Step 5: Court Decision
If the court rules in favor of the landlord, a Writ of Possession will be issued, allowing the landlord to proceed with eviction.
Step 6: Execution of Eviction
The tenant must vacate the premises within the timeframe specified by the court. If they do not comply, the sheriff may enforce the eviction.
Statutes
- Ohio Rev. Code § 5321.04 – Landlord’s obligations
- Ohio Rev. Code § 5321.05 – Tenant obligations
- Ohio Rev. Code § 5321.07 – Failure of landlord to fulfill obligations – remedies of tenant
- Ohio Rev. Code § 5321.08 – Rent deposits – duty of clerk of court
- Ohio Rev. Code § 5321.09 – Failure of tenant to fulfill obligations – remedies of landlord
- Ohio Rev. Code § 5321.10 – Release of part of rent
- Ohio Rev. Code § 5321.11 – Failure of tenant to fulfill obligations – remedies of landlord
- Ohio Rev. Code § 5321.13 – Terms prohibited in rental agreement
- Ohio Rev. Code § 5321.16 – Procedures for security deposits
- Ohio Rev. Code § 5321.17(C) – Termination of tenancy
- Ohio Rev. Code § 5321.17 – Termination of tenancy
- Ohio Rev. Code § 5321.18 – Requirements for disclosing landlord’s name and address
- Ohio Rev. Code § 5321.051(A)(2) – Eviction of tenant allowing sex or child victim offenders to occupy premises near school, child care facility
- Ohio Rev. Code § 1319.16 – Check collection charges
- Ohio Rev. Code § 1923.01(A) – Jurisdiction in forcible entry and detainer – definitions
- Ohio Rev. Code § 1923.02(A)(9) – Persons subject to forcible entry and detainer action
- Ohio Rev. Code § 1923.02 – Persons subject to forcible entry and detainer action
- Ohio Rev. Code § 1923.04(A) – Notice – Service
- Ohio Rev. Code § 1925.02(A)(1) – Jurisdiction
- Ohio Rev. Code § 2305.06 – Contract in writing
FAQs
In Ohio, there are several types of eviction notices, including the 3-Day Notice to Quit for non-payment of rent, the 3-Day Notice to Comply or Vacate for lease violations, the 30-Day Notice to Comply or Vacate for health or safety violations, and the 30-Day Notice to Vacate for terminating a month-to-month tenancy. Each notice serves a specific purpose and has different timeframes for compliance.
In Ohio, an eviction notice can be served through hand delivery to the tenant, leaving the notice at the tenant’s residence, or sending it via certified mail. It’s important to note that if mailed, the notice period is extended by three calendar days to account for delivery times.
An Ohio eviction notice must include the tenants’ full names, the rental property’s address, the grounds for eviction, the termination date, the date the notice was served, the landlord’s signature, and the landlord’s contact information. This information is crucial for the notice to be legally compliant.
If a tenant does not comply with an eviction notice within the specified timeframe, the landlord can file an eviction lawsuit, known as a Forcible Entry and Detainer Action, in the local court. The court will then schedule a hearing to determine the outcome of the eviction process.
The eviction process in Ohio can vary in duration depending on the notice period and the tenant’s response. Typically, after the notice period ends, the entire process may take anywhere from 5 to 8 weeks, depending on court schedules and tenant compliance.
In Ohio, landlords can evict tenants for several reasons, including non-payment of rent, violations of the lease agreement, health or safety code violations, or terminating a periodic tenancy. Each reason requires a specific type of eviction notice and corresponding notice period.
No, in Ohio, landlords must provide a formal eviction notice before initiating any eviction proceedings. This notice serves as a legal requirement to inform the tenant of the violation and gives them a chance to remedy the situation or vacate the property.
The minimum notice period for eviction in Ohio varies based on the reason for eviction. For non-payment of rent or lease violations, a 3-day notice is required, while for health or safety violations or terminating a month-to-month tenancy, a 30-day notice is necessary.