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Ohio – Three Day Notice to Vacate

Category: Landlord Tenant

First, here’s the requirements as set forth in RC 1923.04 (a sample form will follow):

 

1923.04 Notice – service.

(A) 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.”

(B) The service of notice pursuant to section 5313.06 of the Revised Code constitutes compliance with the notice requirement of division (A) of this section. The service of the notice required by division (C) of section 5321.17 of the Revised Code constitutes compliance with the notice requirement of division (A) of this section.

(C) If the adverse party in an action under this chapter is a deceased resident of a manufactured home park, the notice required by division (A) of this section shall be left at the premises from which the defendant is sought to be evicted and also shall be sent by ordinary mail to the following persons if their names and addresses are known to the park operator:

(1) If a probate court has granted letters testamentary or of administration for the estate of the adverse party in accordance with Title XXI of the Revised Code, the executor or administrator appointed by the probate court;

(2) The deceased resident’s spouse and any other members of the deceased resident’s immediate family.

Effective Date: 08-22-1990; 2007 HB56 10-18-2007

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The sample form:

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NOTICE TO LEAVE THE PREMISES

To: _____________________________________

______________________________________

______________________________________

______________________________________

(all known adult occupants) and all other occupants.

You are hereby notified that within three (3) days from the date of this NOTICE TO LEAVE, you must leave the premises you now occupy and which you have rented from us, situated and described as follows:

______________________________________ (street address)

________________________ (county) _____________ (state)

The grounds for this Notice to Leave are as follows (check all that apply):

[ ] Nonpayment of Rent (Amount Due $_______)
[ ] Unauthorized Occupant(s)
[ ] Pet(s) in Violation of Lease Agreement
[ ] Other Grounds: ____________________________________

Served by way of
[ ] Certified mail, return receipt requested
[ ] Handed to the tenant
[ ] Secured on the front door of the premises)

Served by ___________________________, Agent for ___________________________ (owner), this _____ day of ______________, 20_____.

“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.”