The Ohio eviction notice is a letter the landlord uses to inform the tenant that they wish to terminate the lease agreement and that the tenant should leave the premises within a certain time period.
In the notice, they will also include the reasons for the eviction, ways in which the violation can be remedied (if possible), and the deadline by which the tenant must leave the property.
The landlord can only use the reasons for the eviction that are provided in the Ohio landlord-tenant law and cannot give a shorter eviction notice than the one determined in the landlord-tenant law.
Types of Eviction Notice in Ohio
The type of Ohio eviction notice the landlord should use largely depends on the type of lease and the reasons for the eviction. Below, you can see the most commonly used types.
Notice to Pay Rent or Quit
The landlord can evict the tenant in Ohio for not paying the rent on time. The landlord must issue the eviction notice, giving the tenant at least three days to pay the rent or leave the property. If the tenant does neither, the landlord can move on and file an eviction lawsuit.
Notice for Non-Compliance
This type of Ohio eviction notice can be used if the tenant violated the lease agreement or the Ohio landlord-tenant law. In some cases, the tenant can cure the violation and stop the eviction process. However, the landlord must give the tenant at least 30 days’ notice before the eviction.
Notice to Terminate the Month-to-Month Lease
If the tenant remains at the property as a holdover tenant after the lease term is over or if there is no lease term set, like for week-to-week or month-to-month leases, the landlord doesn’t have to provide any reason for eviction.
However, depending on the type of lease, the landlord must provide proper advance notice:
Notice to Terminate
7-day notice for a week-to-week tenancy
30-day notice for a month-to-month tenancy
Eviction Laws and Requirements in Ohio
Laws & Requirements
Rent Payment Grace Period: Nothing provided in Ohio Statutes.
Notice for Periodical Lease Termination: 30 days for a month-to-month lease and seven days for a week-to-week lease. (§ 5321.17)
Eviction Process: Forcible Entry and Detainer. § 1923
When is Rent Late in Ohio?
In Ohio, the rent is late as soon as the due date is over. The due date is usually the first day of the month unless some other day is determined in a lease agreement. In practice, if the due date is the first day of the month, the rent is considered late on the second day of the month.
The Ohio Statute doesn’t provide any grace period for the rent payment. However, the landlord and the tenant are free to set a rent payment grace period in the lease agreement. Moreover, the law doesn’t provide for rent payment delays during weekends and public holidays.
Grounds for Eviction in Ohio
In Ohio, the landlord can evict the tenant for the following reasons:
Grounds for Eviction
If the tenant violates the lease agreement
In case the tenant violates the Ohio landlord-tenant law
If the tenant fails to pay the rent on time
When the landlord decides to terminate the periodic (week-to-week or month-to-month) lease
Eviction Process in Ohio
This process starts when the landlord issues an Ohio eviction notice to the tenant and can end in multiple ways, depending on the actions of the tenant. Below, you can see all the steps of the Ohio eviction process.
#1. Write a Notice
The landlord issues an eviction notice informing the tenant of the reasons for the eviction and the deadline by which they must leave the property.
They can serve the notice on the tenant in one of the following ways:
Ways to Serve a Notice
By handing it personally to the tenant
By posting it at a conspicuous place on the property
Via certified mail
In any case, the landlord must provide proof that they’ve served the notice to the tenant if they wish to file an eviction lawsuit later.
#2. File the Complaint
If the tenant doesn’t leave the property within the provided period, the landlord can file the complaint form and initiate the eviction procedure before the court.
The landlord will provide basic information about the tenant, present their dispute and claim, and attach a copy of the lease agreement and eviction notice. In addition, the landlord will pay the filing fee of around $123.
#3. Serve the Tenant
After the court processes the landlord’s lawsuit, they will authorize the sheriff to serve the tenant with the summons. The summons informs the tenant that there is an eviction procedure initiated against them, and it also includes the date of the court hearing.
The tenant will have the opportunity to file the answer with the court and counter the landlord’s claims no later than 28 days from the day they receive the summons.
#4. Wait for Court’s Judgment
If the tenant doesn’t contest the eviction or doesn't appear for the court hearing, the court will issue a default judgment in the landlord's favor. If both parties appear before the court, they will present their arguments, based on which the court will make a final decision.
#5. Court Issues the Writ of Execution
This document serves as the tenant's last warning to vacate the leased property. If the tenant doesn’t leave the property, the authorized body will remove the tenant from the property within ten days of receiving the Writ of Execution.
Other Eviction-Related Forms in Ohio
Besides the Ohio eviction notice, the parties are using other eviction-related forms in the eviction process:
Other Eviction-Related Forms
Complaint Form. The landlord uses this form to initiate the eviction lawsuit and provide the court with all the necessary information to start the eviction process.
Summons. This document informs the tenant that an eviction process has been initiated and informs them about the date and time of the court hearing.
Answer Form. The tenant can use this form to provide their arguments and counter the landlord's claims in the eviction process.
Eviction Information for Landlords in Ohio
The landlord is not allowed to use any of the self-help methods to evict the tenant. They are also not allowed to initiate the eviction as a retaliatory measure against the tenant for exercising their legal and legitimate rights in landlord-tenant relations.
If the landlord uses some of the illegal eviction methods, they will be required to compensate for all the damages caused to the tenant, plus both the court and reasonable attorney’s fees.
The self-help methods include changing the locks on the leased property, removing the tenant's belongings from the property, or shutting off essential utilities like water or electricity.
Eviction Information for Tenants in Ohio
The tenant can use the following arguments in the eviction process before the court:
Eviction Information for Tenants
The tenant didn’t receive the proper eviction notice.
The landlord used self-help methods for eviction.
The tenant didn’t commit the violation the landlord uses as the reason for the eviction.
The tenant has already resolved the curable violation.
The landlord initiated the eviction as a discriminatory or retaliatory action.
The landlord used a reason for the eviction that is not provided in Ohio landlord-tenant law as the reason for the eviction.
How to Write an Eviction Notice in Ohio
Ohio Eviction Notice Checklist
Ohio Eviction Notice FAQ
You can file an Ohio eviction notice in the following cases:
When the tenant fails to pay the rent on time
If the tenant violates the lease agreement or the Ohio landlord-tenant law
In case you want to terminate the periodic lease or tenancy at will
The eviction notice must be submitted to the tenant before any other eviction-related action is taken. If the landlord files an eviction lawsuit without providing a copy of the eviction notice, the court will dismiss it.
In Ohio, this process can take between 5 and 8 weeks, depending on multiple factors, namely:
The type of lease
The reasons for the eviction
Tenants' actions in the eviction process (if they contest the eviction)
A 3-day eviction notice is acceptable only when the reason for the eviction is rent non-payment. For any other eviction reason, the Ohio landlord-tenant law provides a minimum notice longer than three days.