What Is an Ohio Eviction Notice?
An Ohio eviction notice is a form that helps you follow the legal eviction process. It gives tenants the opportunity to correct a lease violation on their own or move out without court involvement. You can use it to communicate the issue and the steps they can take to resolve it.
This notice helps you enforce your lease terms or lead the tenant to vacate. If they don’t comply, you can proceed with the rest of the eviction process, showing that you took the vital first step of giving notice.
Types of Ohio Eviction Notices
Not all eviction notices in Ohio look identical. They have varying notice periods, depending on the violation the tenant committed or the reason for eviction. Below, you can explore the different types to find the one that fits your situation.
3-Day Eviction Notice in Ohio (Nonpayment of Rent)
A 3-day notice to vacate or pay rent in Ohio gives a tenant three days to vacate the property or pay overdue rent (OH Rev Code § 1923.04). If the tenant wants to remain on the property, they must pay all overdue rent and associated fees, including those from multiple past periods.
3-Day Notice to Pay Rent or Quit
Use to evict a tenant for failing to pay rent on time.
3-Day Eviction Notice in Ohio (Noncompliance With the Lease)
If a tenant breaches their lease agreement, you can send a 3-day notice to comply or quit in Ohio detailing the violation and giving the steps to rectify it if it’s curable. Under OH Rev Code § 1923.04 and OH Rev Code § 5321.17, tenants have three days to address the issue or move out.
3-Day Notice to Quit for Non-Compliance
Remove a tenant that has failed to uphold the terms of their lease.
If the tenant violates health and safety codes, you can issue a 30-day eviction notice in Ohio (OH Rev Code § 5321.11). State law allows the tenant to correct the violation, but it notes that the lease will be terminated if they fail to comply.
Lease Termination Notices in Ohio
Under OH Rev Code § 5321.17(B), you must issue a 30-day notice if you want to terminate a month-to-month lease without cause. This gives the tenant enough time to leave the property so you can recover it within a reasonable period. A tenant must receive seven days’ notice if you plan to terminate a week-to-week lease (OH Rev Code § 5321.17(A)).
After either a 30-day or 7-day lease termination notice, you must issue a final 3-day notice to leave the premises before you can proceed with filing an eviction lawsuit.
Ohio Lease Termination Notices
End a month-to-month lease with 30 days' notice, or terminate a week-to-week lease with 7 days' notice.
How to Evict a Tenant in Ohio
Ohio eviction lawsuits are governed by Title 19, Chapter 1923. Follow these steps in the Ohio eviction process to successfully evict a tenant and avoid legal issues.
Step 1 – Deliver an Eviction Notice
The first step in the eviction process is to deliver one of the following eviction notices:
- 3-day eviction notice in Ohio (nonpayment of rent)
- 3-day eviction notice in Ohio (noncompliance with the lease)
- 30-day eviction notice in Ohio (health or safety violation)
- 7-day eviction notice in Ohio (termination of week-to-week tenancy)
- 30-day eviction notice in Ohio (termination of month-to-month tenancy)
Your Ohio eviction notice must contain the following language (or it won’t be legally enforceable):
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.
Legal Templates’ forms contain the state-mandated language, so when you create your form using our guided questionnaire, you can rest assured that it meets state requirements.
Once you draft your Ohio eviction notice, you must deliver it properly. OH Rev Code § 1923.04 permits delivery via certified mail, personal delivery, or posting it at the tenant’s residence.
You must give the tenant time to respond or act. The number of days’ notice excludes the day of delivery, weekends, and holidays.
Step 2 – File a Complaint
If the tenant doesn’t comply with your eviction notice, you can file a complaint with your local municipal or county court. You must get a complaint form specific to your court, like the ones for Cleveland or Akron.
When you file your complaint, you will file for “first cause,” meaning that you will ask the tenant to return possession of the property. You may also file for “second cause,” meaning that you can request unpaid rent or other monetary damages associated with the eviction case.
Step 3 – Have the Summons and Complaint Delivered
In Ohio, the court clerk serves the eviction summons to the tenant by mail. A sheriff, bailiff, or court-appointed process server delivers it personally or posts it (OH Rev Code § 1923.06). The summons is how the tenant knows that they must appear in court.
Step 4 – Attend the Court Hearing
Both parties attend the court hearing and present their evidence. The defendant can respond with an Answer and Counterclaim before a final judgment is issued. They must file it within 28 days after receiving a court summons.
If you win, the judge grants “restitution of the premises.” They will issue a writ of execution, which the bailiff will post on the tenant’s door within 10 days of receiving it (OH Rev Code § 1923.14). The tenant will have between three and seven days to move out on their own.
Step 5 – Request Physical Removal
If the tenant doesn’t follow this order, you can officially request the tenant’s physical removal. To do so, you must file a Praecipe for Writ of Possession with your city or county. A bailiff must physically remove the tenant. You may not take any action to lock the tenant out or remove their belongings on your own.
Sample Ohio Eviction Notice
View an example of our three-day eviction notice in Ohio for nonpayment of rent. This example shows how you can customize your notice with your tenant’s details while still incorporating the language required by Ohio law. Once you’re ready, you can fill it out and download it in PDF or Word format.
