The Ohio eviction notice forms are used to let a tenant know that they must cure a problem, such as pay all the rent due, or vacate the premises in three days. There are also 30 day notices in the event of a health or safety violation or when a month-to-month tenancy is over. If the tenant fails to respond in the manner provided, the landlord may then go to the Municipal or County Court where the property is located to file an eviction complaint (Forcible entry and detainer). Each court has its Own Form for an eviction complaint. Here is a sample from Akron: Eviction Complaint. Once the landlord has filed a complaint and paid the filing fee, the court will issue a summons to the tenant to appear in court. IF the court finds in landlord’s favor, they will issue a Writ of Restitution giving tenant a certain number of days to vacate.
Notices By Type
3-Day Notice to Quit (Non-Payment of Rent) – Use this form when your tenant has failed to pay rent when it is due. The tenant will have three days to respond before you can proceed with an eviction action.
3-Day Notice to Quit (Non-Compliance) – Use this form when your tenant is violating a lease term, other than not paying rent. The tenant will have three days to respond.
30-Day Notice to Quit (Health or Safety Violation) – Use this form to let your tenant know that they are creating a health or safety violation and they will need to fix the problem or vacate the premises.
30-Day Notice to Quit (Month to Month Tenancy) – Use this form to inform a party that you will not be renewing a month-to-month tenancy.
When is Rent Due
Your lease will tell you when your rent is due. If it is not paid by that date, it is considered late and the landlord will be able to send you a three day notice to pay or vacate.
How to Evict (Process)
Step 1 – In Ohio, you need to provide notice to your tenant when they are violating terms of the lease before you can go to court to evict them. You will need to save a copy of the notice and evidence that you delivered it to the tenant for court. The notices that can be served, depending on the breach, are as follows:
- 3-Day Notice to Quit (Non-Payment of Rent)
- 3-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Health or Safety Violation)
- 30-Day Notice to Quit (Month to Month Tenancy)
Step 2 – If the tenant does not move or cure the problem within the time period allowed, a landlord may go the next step by going to the Local Municipal or County Court and obtaining a form of eviction complaint. In Ohio, each court has its own form and process, so it is important that you ascertain what the requirements are for the court you are in. Here is an example of a Complaint from Akron.
Step 3 – Once you have filed a complaint, the court will issue a summons and a copy of the complaint to the tenant. The tenant will have a minimum of seven days from receipt of the summons to respond.
Step 4 – The landlord should make sure to have copies of the notice, evidence that it was delivered as well as copies of documents that show the breach by the tenant. If tenant does not show up when instructed and/or the judge finds in favor of the landlord, the court will issue a Writ of Restitution which gives the tenant a certain number of days to vacate.