Ohio 3-Day Notice to Leave due to Nonpayment of Rent

Notice Requirements
When a tenant fails to pay rent, a landlord has the right to initiate eviction proceedings in Ohio. However, before taking legal action, the landlord must first provide the tenant with proper notice as outlined in Ohio Rev. Code Ann. § 1923.04. Under Ohio law, the landlord must provide the tenant with a written notice to vacate the premises. This notice must inform the tenant that they are in default of their rental agreement due to nonpayment of rent and that they have three days to vacate the premises. Using specific language required under Ohio law, this notice must inform the tenant that they are being asked to vacate the premises and that failure to do so may result in an eviction action.Service of Notice
The notice must be served to the tenant in a manner that is considered legally sufficient. Under Ohio Rev. Code Ann. § 1923.04(A), the notice may be served "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." A statutorily compliant Affidavit of Service, included with your purchase of PublicLegal's 3-day notice to leave form, helps to establish proper notice delivery.Eviction Proceedings
If the tenant fails to vacate the premises within three days, the landlord may initiate eviction proceedings by filing a complaint with the court.Essential Elements for Ohio Eviction Based on Nonpayment of Rent
It is important to note that for an Ohio eviction based on nonpayment of rent, the following essential elements must be met:

1. The plaintiff is the property's legal owner or has legal authorization from the property owner.
2. The plaintiff leased the property to the defendant under a legally valid rental agreement, as defined under Ohio Rev. Code Ann. § 5321.01 et seq.
3. The rental agreement required the defendant to pay a specific amount of rent per month, and the defendant has failed to fulfill this obligation.
4. The plaintiff properly served the defendant with a valid 3-day notice to leave the premises.
5. As of the date of the 3-day notice, at least the amount stated in the notice was due.
6. The defendant is still in possession of the property.

All of the above elements must be met for a landlord to evict a tenant for nonpayment of rent in Ohio.