[NOTICE PERIOD] NOTICE TO VACATE / NOTICE TO CURE OR QUIT

(Ohio Rev. Code Ann. §§ 1923.04, 5321.11, 5321.17)

I. DOCUMENT HEADER

1. Parties
   1.1 Landlord: [LANDLORD LEGAL NAME], an individual ☐ / entity ☐ (specify type) with a principal address at [LANDLORD ADDRESS] (“Landlord”).
   1.2 Tenant(s): [TENANT LEGAL NAME(S)] with a last-known address at the Premises defined below (“Tenant”).

2. Premises
   2.1 Street Address: [PREMISES ADDRESS, CITY, OH ZIP]
   2.2 Unit No. (if any): [UNIT]
   2.3 County: [COUNTY]

3. Effective Date of Notice: [DATE OF ISSUANCE] (“Effective Date”).

4. Governing Law & Jurisdiction
   This Notice is governed by the Ohio Landlord-Tenant Act, Ohio Rev. Code Ann. Title 53, and any action arising herefrom shall be filed exclusively in the [COUNTY] County Municipal/County Housing Court (“Forum Court”).

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below:

“Affected Breach” – The specific breach identified in Section III.1 (e.g., Non-Payment of Rent, Lease Violation, Holdover).
“Cure Period” – The statutory period within which Tenant may remedy the Affected Breach, calculated in calendar days beginning on the Service Date (defined below).
“Notice Period” – The minimum number of days the Landlord must provide before initiating eviction proceedings; either (a) Three (3) days for Non-Payment of Rent or Holdover per R.C. 1923.04, or (b) Thirty (30) days for Lease Violation per R.C. 5321.11, or (c) Thirty (30) days for Termination of Month-to-Month Tenancy per R.C. 5321.17.
“Service Date” – The date this Notice is deemed served under Section V.

III. OPERATIVE PROVISIONS

1. Statement of Breach & Amount Due (if applicable)
   1.1 Affected Breach: [SELECT: “Non-Payment of Rent,” “Other Lease Violation,” “Holdover,” “Termination of Month-to-Month Tenancy”].
   1.2 If Non-Payment of Rent:
   a. Rent Accrued Through [DATE]: $[AMOUNT]
   b. Late Fees (if permitted by lease and law): $[AMOUNT]
   c. Total Due: $[TOTAL]

2. Statutory Demand
   Pursuant to Ohio Rev. Code Ann. §§ 1923.04, 5321.11, and/or 5321.17, Tenant is hereby required to (a) pay all sums listed above and/or (b) cure the Affected Breach and (c) vacate and deliver possession of the Premises to Landlord on or before the expiration of the Notice Period.

3. Unconditional Quit Language (as required for 3-Day Notices)
   In compliance with R.C. 1923.04(B), the following exact wording is included in a conspicuous manner:

“YOU ARE BEING ASKED TO LEAVE THE PREMISES. PLEASE READ THIS NOTICE CAREFULLY. IF YOU DO NOT UNDERSTAND IT, CONSULT AN ATTORNEY.”

4. Consequences of Failure to Comply
   If Tenant fails to comply within the Cure Period, Landlord will file a forcible entry and detainer (“FED”) action in the Forum Court and seek restitution of the Premises, money damages, court costs, and any other relief allowed by law.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents and warrants that:
   a. Landlord is the titled owner ☐ / authorized property manager ☐ of the Premises.
   b. The amounts claimed in Section III.1 are true and correct as of the Effective Date.

2. Tenant is deemed to have represented the accuracy of Tenant’s identity and last-known address as listed herein upon receipt of service.

[// GUIDANCE: Additional representations (e.g., military service affidavit) may be appended to comply with the Servicemembers Civil Relief Act, if applicable.]

V. NOTICE DELIVERY & SERVICE REQUIREMENTS

1. Permissible Methods (select all that apply):
   ☐ Personal delivery to Tenant;
   ☐ Leaving the Notice at the Premises;
   ☐ Certified mail, return-receipt requested, to the Premises;
   ☐ Posting in a conspicuous place on the Premises and mailing by regular mail (only if other methods fail).*

R.C. 1923.04 & Ohio Civ. R. 4.1 et seq.

2. Service Date Determination
   a. Personal/Posting – date of physical delivery/posting.
   b. Certified Mail – third (3rd) business day after mailing unless earlier verified by return receipt.

3. Certificate of Service
   The undersigned certifies that a true copy of this Notice was served on Tenant in the manner indicated above on [DATE].

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to pay Total Due within the Cure Period;
   b. Failure to cure any non-monetary Affected Breach within the Cure Period;
   c. Failure to vacate the Premises at the end of the Notice Period.

2. Graduated Remedies
   a. First Tier – Acceptance of cure/payment within Cure Period (Landlord waives FED filing for that breach only).
   b. Second Tier – Filing of FED action;
   c. Third Tier – Monetary judgment for unpaid sums, holdover damages, and court costs;
   d. Fourth Tier – Writ of restitution and physical eviction executed by the county sheriff.

3. Attorney Fees & Costs
   If permitted under the lease and not prohibited by R.C. 5321.13(C), Landlord may recover reasonable attorney fees and costs incurred in enforcement.

VII. RISK ALLOCATION

Indemnification and liability caps are not applicable to statutory eviction notices; nothing herein shall be construed as creating any contractual indemnity.

VIII. DISPUTE RESOLUTION

1. Governing Law – Ohio law exclusively.
2. Forum Selection – [COUNTY] County [Municipal/County] Housing Court.
3. Arbitration – Not available for FED actions (see R.C. 1923).
4. Jury Waiver – Tenant retains the constitutional right to trial by jury; any waiver must be knowingly and voluntarily made in a separate, conspicuous clause of the underlying lease.
5. Injunctive Relief – Landlord expressly reserves the statutory eviction remedy and any equitable relief authorized by law.

IX. GENERAL PROVISIONS

1. No Waiver – Acceptance of partial rent or failure to enforce rights shall not waive Landlord’s right to enforce future breaches.
2. Severability – Any invalid clause of this Notice shall not affect the validity of the remaining provisions.
3. Integration – This Notice constitutes the entire statutory notice required prior to filing an eviction action for the Affected Breach.
4. Counterparts & Electronic Copies – Facsimile, PDF, or electronic copies of this Notice are as effective as an original.

X. EXECUTION BLOCK

Executed on the Effective Date first written above.

Tenant signature is not* required for validity of this Notice but may be obtained as evidence of receipt.

CERTIFICATE OF SERVICE

I, [NAME], hereby certify that on [DATE], I served this Notice on Tenant(s) by:
☐ Personal delivery; ☐ Posting; ☐ Certified mail; ☐ Other: [ ].

Signature: ________

[// GUIDANCE:
1. Select the correct statutory Notice Period and insert applicable dates/amounts.
2. Always include the exact statutory warning language for 3-Day Notices.
3. Document the method of service meticulously; improper service is the most common basis for dismissal of an FED action.
4. Review the lease for any additional notice or cure obligations that exceed statutory minimums.
5. Confirm compliance with the federal CARES Act (if property has a federally backed mortgage or receives federal subsidy) before issuing a Non-Payment Notice.
]