Ohio (OH) Eviction Notices are used when a landlord wants a tenant to remedy a breach of contract or vacate the premises. Typical reasons to use an eviction notice are either because the tenant failed to pay rent by the due date, or they broke a provision in the lease.
For reference, an Ohio Eviction Notice is also known as:
- Ohio Notice to Vacate
- Ohio Notice to Quit
- Ohio Lease Termination
Ohio Eviction Notice Types
The landlord must provide proper notice to the tenant depending on the type of breach.
3-Day Eviction Notice (Non-Payment): A 3-Day Eviction Notice, also known as a notice to quit for non-payment, is a type of eviction notice used by landlords in Ohio to evict a tenant for failing to pay rent on time. The notice demands that the tenant either pay the rent within three days, or vacate the premises. Landlords cannot file an eviction lawsuit until those three days have passed, and the tenant has not paid the amount owed or vacated the property.
3-Day Eviction Notice (Non-Compliance): A 3-Day Eviction Notice, also known as a notice to quit for non-compliance, is used by a landlord to remove a tenant that has failed to uphold the terms of their lease. The landlord doesn’t have to give the tenant an opportunity to remedy (“cure”) the issue before moving forward with the eviction process. However, it’s common courtesy to offer tenants a chance to fix the problem, and this notice must still be served before the landlord can evict them.
7-Day Eviction Notice (Week-to-Week Rental): A 7-Day Eviction Notice, also known as a week-to-week lease termination notice, is used to end a lease agreement where rent is paid on a weekly basis. The landlord doesn’t need any additional reason to end a week-to-week tenancy as long as a 7-day notice is given before the lease ends, or the terms of the lease expires.
30-Day Eviction Notice (Month-to-Month Rental): A 30-Day Eviction Notice, also known as a month-to-month lease termination notice, is used to end a month-to-month lease agreement. The landlord doesn’t need any additional reason to end a month-to-month tenancy as long as a 30-day notice is given before the lease ends, or the terms of the lease expire.
30-Day Eviction Notice (Health or Safety Hazard): A 30-day Eviction Notice, also known as a notice to quit for a health or safety hazard, is used to evict a tenant for failure to maintain a safe rental environment. If the tenant has violated any of the health, housing, or safety codes listed under § 5321.05, they must be given 30 days to fix, remedy, or repair (“cure”) the issue before the eviction process can proceed.
Ohio Eviction Laws and Requirements
- Eviction Lawsuit: Title 19, Chapter 1923
- Grace Period for Rent Payment: Specified by the lease.
- Late or Non-Rent Payment Notice: 3 days (§ 1923.02 and § 1923.04)
- Notice of Non-Compliance: 3 days (§ 1923.02 and § 1923.04)
- Health or Safety Hazard Violation Notice: 30 days (§ 5321.11)
- Lease Termination (Month-to-Month): 30 days (§ 5321.17)
What is the Eviction Process in Ohio?
If the tenant fails to respond to an eviction notice, the landlord can begin taking steps to have the tenant evicted through the Ohio court system.
Follow these steps in the Ohio eviction process to reduce the amount of time it takes to successfully evict a tenant, and avoid legal issues:
Step 1: Serve notice to your tenant
In Ohio, you must serve a notice to your tenant when they violate the terms of their lease before you can submit the eviction notice to the court. There are four types of notices listed above, make sure you use the appropriate notice for the eviction.
Step 2: Submit a complaint form to the court
The landlord must submit an Ohio Complaint Form with their local court if the tenant does not cure their violation (i.e pay rent, resolve the health hazard) within the permitted time period.
Step 3: Wait for the tenant to file their answer
After the complaint has been filed, the court will issue a summons and a copy of the complaint will be sent to the tenant. The tenant then has a minimum of seven days from receipt of the summons to respond and file a Defendant’s Answer.
Step 4: File remaining documentation with the court
Make sure all paperwork is filed correctly and the documentation of any breach or violation is available to the courts.
Step 5: Attend the eviction hearing
If the judge rules in favor of the landlord, a Writ of Execution will then be issued by the Court’s Bailiff or Sheriff.
Step 6: The tenant vacates the premises voluntarily or involuntarily
Upon receiving the writ, the tenant has a certain number of days to vacate the premises according to the judge’s decision. A sheriff will oversee the physical eviction if the tenant doesn’t leave the property on their own.
Related Ohio Court Forms
These court form examples are from the Akron, Ohio court system, and should only be used as a reference. You must use a court form from the county or municipality that your property resides in.
Ohio Complaint Form – Officially submits a complaint to the municipal or county court stating the reason why a landlord is seeking an eviction against their tenant.
Notice to Leave Premises – Provides the tenant with three (3) days notice to vacate the premises after failing to pay rent or not complying with the lease.
Defendant’s Answer (Sample of page 4) – This form is used by the tenant to respond to an eviction complaint filed against them. Must be filed within twenty-eight (28) days after receiving a court summons.
Eviction Information for Ohio Landlords and Tenants
For the eviction to go as smoothly as possible, it’s vital that the law is followed and proper documentation is maintained throughout the process. All tenants must be legally served, and after the required time has passed, only then the landlord may file an eviction lawsuit against the tenant.
Landlords commonly make mistakes that hurt their chances of receiving a satisfactory eviction judgement, such as:
- denying access to the property without a proper court order, or
- relocating, moving, or interfering with the tenant’s property.
Additionally, health, safety, and building codes are the responsibility of the landlord to maintain, and violations aren’t reason enough to evict a tenant. Please contact a landlord-tenant attorney to understand your rights in the county where your rental property is located.
You have rights as a tenant, even during the eviction process. Document all the steps you took to remedy the eviction notice. It’s advised that you take the time to read your eviction notice carefully. Find out how you can remedy the situation, and if you have any questions or concerns, contact your landlord.
Additionally, if you feel you are being unfairly evicted, you can seek free or low-cost legal help in your area for financial assistance. Find more information about tenants’ rights and Ohio-based legal services from US Housing and Development.