MAKE YOUR FREE Ohio Eviction Notice
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What is an Ohio Eviction Notice or Notice to Quit?
When to use an Ohio Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated the lease or rental agreement.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired or will expire, and you don't plan to renew it.
Sample Ohio Eviction Notice
The terms in your document will update based on the information you provide
NOTICE TO LEAVE THE PREMISES
Ohio Revised Code § 1923.04
, Ohio
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Ohio
PLEASE TAKE NOTICE that the tenancy pursuant to the lease and/or rental agreement dated under which you hold the possession of the herein described premises there is now due, unpaid and delinquent rent in the total sum of , representing rent due for the period from to .
PLEASE TAKE FURTHER NOTICE that within THREE (3) days after service of this notice, you are hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent in full OR vacate the premises WITHIN THREE (3) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within THREE (3) days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to . Failure to perform aforesaid covenant(s) OR vacate the premises WITHIN THREE (3) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your month-to-month tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date THIRTY (30) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date THIRTY (30) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your week-to-week tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date SEVEN (7) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date SEVEN (7) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that the lease and/or rental agreement under which you hold the possession of the herein described premises has expired as of .
PLEASE TAKE FURTHER NOTICE that within THREE (3) days after service of this notice, you are required to quit and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer lawsuit against you to recover rent, damages and possession of said premises.
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.
Dated: |
By: | ______________________________ |
, |
Ohio Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Each tenant named in the document should receive an individual copy of the signed notice.
___Serve the document. Deliver the notice to the tenant(s). The notice can be served by certified mail, return receipt requested, or by handing a written copy of the notice to the tenant in person, or by leaving the notice at the property where the tenant is attempted to be evicted.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
If the tenant(s) remain in possession of the property after the notice has expired, you can then proceed with a formal eviction case in municipal court. However, the eviction process is a large expense and you should try to work it out with the tenant(s) whenever possible.
If you end up having to file a formal eviction case, make sure you file your eviction case in the right court. Ohio is broken up into different counties, and you must file in the correct county court. You can usually figure out where to file by doing some research on your state's website.
Ohio Eviction Notice FAQs
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Am I legally allowed to evict a tenant for not paying rent in Ohio?
Under normal circumstances, yes, and you may draft an Ohio Eviction Notice (specifically referred to as a 3-Day Notice to Quit) to kick off the process. That said, as a result of the pandemic, there are a few limitations and special protections in place. Despite the fact that the federal ban on eviction has been struck down by the U.S. Supreme Court, the state and municipal governments in Ohio have the authority to maintain their own standards for residential evictions. Stay up to date with the talk to a local landlord-tenant lawyer for further advice.
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Why would a property owner use an Eviction Notice in Ohio?
If you want to legally remove a tenant from your rental property, you are required to always give them a Notice of Eviction. Some of the most common situations where you may need to use one include:
- The tenant is routinely late to pay rent or payments have fallen behind schedule
- The tenant violates the no-pets clause in your lease
- The tenant sublets their unit in breach of the agreement
- The tenant has caused substantial damage to the unit
- The tenant harasses or disturbs their neighbors
- The tenant is using their unit for an illegal operation
In addition to these examples, tenants generally can be evicted by their landlord for reasons that are not related to their conduct. For example, when the landlord plans to move in. Please keep in mind this list is not absolutely exhaustive and that the lawfully accepted reasons for evicting a tenant may vary. If you've got any hesitations or questions about Ohio eviction laws, connect with an attorney.
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What information should an Ohio Notice to Vacate cover?
You can tap or click "Make document" to check out the Ohio Eviction Notice sample and see what information you'll need to provide to customize your eviction letter. In general, the key details needed for making a Notice to Vacate for Ohio are:
- The address and description of the property
- The legal name of each inhabitant
- For what period(s) of time the rent has gone unpaid (if relevant)
- Which lease provisions are not being met
- How long the notice period will last
In the event that your tenant is not at fault, you may want to add more context. Using the document tool, you are able to add more modifications, if necessary. It will be critical to confirm that all of the policies and terms noted in the Eviction Notice are actually spelled out in the fully executed tenancy agreement.
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How will Ohio eviction laws affect me as a property owner?
The law continually evolves over time and the actual eviction procedure can be fairly complicated, especially for a first-timer. In certain cases, there might be varying requirements depending on how long the tenant has occupied the property and what the reason is for eviction. Consequently, it is recommended that all property owners speak with a local eviction attorney when drafting a Notice of Eviction to any tenant.
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Can I create an Ohio Eviction Notice template online?
Luckily, you do not need to reinvent the wheel when drafting your document. When using Rocket Lawyer, you should feel empowered to produce Ohio Eviction Notices with ease. Your notice will be constructed section by section as you answer simple questions to enter details along the way. This method will often be notably more affordable than finding and hiring your average law firm.
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How much might I typically pay to get an attorney's help with evicting a tenant in Ohio?
If you wish to know the total cost of eviction, you'll need to take into consideration the cost of filing court documents, legal fees, the value of unrecovered payments, storage and cleaning fees, and lastly, the time and money spent finding a new tenant. The great news is you won't need to pay hundreds of dollars in legal fees to generate a Notice of Eviction. Unlike most other eviction form providers that you might encounter elsewhere, Rocket Lawyer offers members up to 40% in savings when hiring a lawyer, so an Rocket Lawyer network attorney can represent you if you do proceed with an eviction lawsuit.
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How much time does it take to go through the Ohio eviction process end to end?
The duration of the eviction process for Ohio renters is determined in part by the notice period required, as well as the overall volume of cases occurring simultaneously. Here is an overview of Ohio notice periods:
- Overdue rent: 3-day notice
- Non-compliance with terms: 3-day notice
- No cause: 30-day notice
After the pre-defined notice period is over, the eviction itself can still take 5 to 8 weeks. It is important to note that in particular kinds of housing, including where rent payments are subsidized, the mandated notice period may be even longer.
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Should I hire a lawyer if I am evicting someone in Ohio?
While it is doable to make an Eviction Notice by yourself, many rental property owners who go to court will have a lawyer present. Locating a lawyer to provide feedback on your Ohio Eviction Notice may be time-consuming and relatively costly. An easier and more cost-effective way to get a second pair of eyes on your document would be through attorney services at Rocket Lawyer. As a Premium member, you can get your document reviewed or ask any questions. Whether you create additional copies of your OH Eviction Notice or other legal documents, we're here to support you.
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Am I required to do anything else after I create a Notice of Eviction/Notice to Quit in Ohio?
After creating an Ohio Eviction Notice with the help of Rocket Lawyer, you'll be able to retrieve it anytime. You also can interact with your document by editing it, printing it out, and/or making a copy of it. You will need to sign it before it is served on the tenant(s). You have a few options for serving the notice:
- Work with a third-party process server
- Send it via certified mail
- Deliver it by hand
Please remember that "self-help" or "do-it-yourself" evictions are illegal in Ohio. You should not replace locks, throw out belongings, shut off utilities and services, or in any way threaten your tenant(s) in an effort to make them move out. Taking the appropriate lawful actions before and throughout the eviction proceedings will put you in the best position to remove tenants successfully under an official court order.
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How do I file an eviction lawsuit in Ohio?
If your tenants don't comply with the terms of the notice, you'll need to file a complaint called a "forcible entry and detainer suit" with the local municipal court. A complaint and summons document will then be sent to the tenants, notifying them that you have filed the eviction lawsuit and presenting them with the court date and time. There may be a fee charged for delivery of the documents.