Ohio 30-Day Notice to Cure or Quit (Material Noncompliance)

THIRTY-DAY NOTICE TO CURE OR QUIT — MATERIAL NONCOMPLIANCE — OHIO

TABLE OF CONTENTS

1. Notice Header and Recipient Identification
2. Description of Premises and Tenancy
3. Description of Material Noncompliance
4. Tenant's Right and Obligation to Cure
5. Termination Date if Not Cured
6. Reservation of Rights and Reference to 3-Day Notice
7. Landlord Signature
8. Certificate of Service
9. Ohio Practice Notes
10. Sources and References

1. NOTICE HEADER AND RECIPIENT IDENTIFICATION

TO: [TENANT'S FULL LEGAL NAME], and all other occupants in possession

FROM: [LANDLORD'S FULL LEGAL NAME / PROPERTY MANAGEMENT COMPANY]

LANDLORD ADDRESS: [________________________________]

DATE OF NOTICE: [__/__/____]

2. DESCRIPTION OF PREMISES AND TENANCY

You hold possession of the following residential premises under a [☐ written / ☐ oral] rental agreement (the "Agreement") dated approximately [__/__/____]:

Street Address: [________________________________]

Unit/Apt. No.: [____________]

City, County, ZIP: [________________________________], [____________] County, Ohio [____________]

The current monthly rent is $[__________], due on the [____] day of each month.

3. DESCRIPTION OF MATERIAL NONCOMPLIANCE

Pursuant to Ohio Rev. Code § 5321.11, you are hereby notified that you have failed to fulfill a duty under Ohio Rev. Code § 5321.05 that materially affects health and safety, other than the duty in § 5321.05(A)(9). The specific act(s) or omission(s) constituting noncompliance are:

Detailed factual narrative:

[________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________]

4. TENANT'S RIGHT AND OBLIGATION TO CURE

You have the right to remedy (cure) the noncompliance described in Section 3 within THIRTY (30) DAYS of service of this Notice. If you cure the noncompliance during the 30-day period to the reasonable satisfaction of the Landlord, the Agreement will not terminate, and your tenancy will continue under its existing terms.

To cure, you must, on or before [__/__/____]:

1. [____________________________________________________________]
2. [____________________________________________________________]
3. [____________________________________________________________]

You may contact the Landlord at the address and telephone number above to verify cure or request reasonable inspection.

5. TERMINATION DATE IF NOT CURED

If the noncompliance is not fully and timely cured, the Agreement shall TERMINATE on [__/__/____] (the "Termination Date"), which is no fewer than thirty (30) days after the date of service of this Notice.

Upon termination, you must vacate and surrender possession of the Premises. A separate THREE-DAY NOTICE TO LEAVE THE PREMISES under Ohio Rev. Code § 1923.04 will be served before any forcible-entry-and-detainer action is filed.

6. RESERVATION OF RIGHTS AND REFERENCE TO 3-DAY NOTICE

The Landlord expressly reserves all rights and remedies under the Agreement, Ohio Rev. Code Chapters 1923 and 5321, and applicable law, including the right to recover damages, unpaid rent, costs, and attorney fees only if independently authorized by statute. A residential lease clause alone does not create a fee claim under R.C. § 5321.13(C).

YOU ARE BEING ASKED TO CURE THE VIOLATIONS DESCRIBED ABOVE OR LEAVE THE PREMISES. IF YOU DO NOT CURE OR 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.

The Landlord shall not engage in self-help eviction. Under Ohio Rev. Code § 5321.15, the Landlord will not change locks, terminate utilities, remove your possessions, or otherwise exclude you from the Premises except through a court order issued under R.C. Chapter 1923.

7. LANDLORD SIGNATURE

Dated: [__/__/____]

Landlord / Authorized Agent:

By: [________________________________]

Print Name: [________________________________]

Title (if agent): [________________________________]

Address: [________________________________]

Telephone: [____________]

Email: [________________________________]

8. CERTIFICATE OF SERVICE

I, the undersigned, certify that I served this Thirty-Day Notice to Cure or Quit on the Tenant identified above on [__/__/____] at approximately [____] [☐ a.m. / ☐ p.m.] by the following method (check all that apply):

☐ Personal delivery to the Tenant at the Premises.

☐ Leaving a copy with a person of suitable age and discretion residing at the Premises, namely [________________________________].

☐ Posting a copy in a conspicuous place on the Premises (Tenant absent).

☐ Regular U.S. Mail, postage prepaid, addressed to the Tenant at the Premises (paired with posting).

☐ Certified U.S. Mail, return receipt requested, tracking no. [____________].

Signature of Server: [________________________________]

Print Name: [________________________________]

Title / Relationship to Landlord: [________________________________]

9. OHIO PRACTICE NOTES

9.1 The 30-Day Notice Is Not a Substitute for the 3-Day Notice

R.C. § 5321.11 governs termination of the rental agreement for the covered § 5321.05 health-and-safety duties. R.C. § 1923.04 governs the prerequisite notice to leave before suit. A separate written-lease breach does not itself require the § 5321.11 notice. For a covered statutory-duty claim, serve the 30-day notice first and, if the condition is not remedied, serve the 3-day notice before filing F.E.D.

9.2 Curable vs. Non-Curable Breaches

Most material lease violations are curable. However, the following are typically not curable and use accelerated procedures:

• Drug activity / criminal activity on the Premises — R.C. § 1923.02(A)(11), § 5321.05(A)(9), § 5321.04(A)(9). The notice may be a 3-day notice without a cure period; cite the criminal-activity exception expressly.
• Sex-offender residency violations — R.C. § 2950.034.
• Repeated identical violations after a prior cure — courts have allowed termination without a renewed cure opportunity.

9.3 Reasonable Opportunity to Cure

R.C. § 5321.11 gives the tenant at least thirty days after receipt of the notice to remedy the specified condition. State the condition and termination date clearly, and document any agreed extension.

9.4 Habitually Late Rent

Habitually late rent alone does not trigger R.C. § 5321.11's health-and-safety notice. Use the notice and grounds that apply to the actual rent or lease claim.

9.5 Subsidized Housing

For HUD project-based Section 8 (24 C.F.R. Part 247), public housing (24 C.F.R. Part 966), and HCV (24 C.F.R. Part 982), separate notice and grievance procedures apply. Run them in parallel, not in sequence.

9.6 No Waiver by Acceptance of Rent During Cure Period

Acceptance of rent that accrues during the 30-day cure period does not waive the notice if the breach is non-rent in nature, provided the landlord reserves the right to proceed in the event of non-cure. Document the reservation in writing.

10. SOURCES AND REFERENCES

• Ohio Rev. Code § 5321.05 — Tenant Obligations: https://codes.ohio.gov/ohio-revised-code/section-5321.05
• Ohio Rev. Code § 5321.11 — Failure of Tenant to Fulfill Obligations: https://codes.ohio.gov/ohio-revised-code/section-5321.11
• Ohio Rev. Code § 1923.02 — Persons Subject to F.E.D.: https://codes.ohio.gov/ohio-revised-code/section-1923.02
• Ohio Rev. Code § 1923.04 — Notice; Service: https://codes.ohio.gov/ohio-revised-code/section-1923.04
• Ohio Rev. Code § 5321.15 — Self-Help Eviction Prohibited: https://codes.ohio.gov/ohio-revised-code/section-5321.15
• 24 C.F.R. Part 247 (Subsidized Housing Termination): https://www.ecfr.gov/current/title-24/part-247
• 24 C.F.R. Part 966 (Public Housing Lease & Grievance): https://www.ecfr.gov/current/title-24/part-966
• Ohio Legal Help — Notices of Eviction: https://www.ohiolegalhelp.org/topic/eviction
• COHHIO Tenant Rights — Lease Violations: https://cohhio.org/support/tenant-rights/