Ohio 3-Day Notice to Leave the Premises (Pay or Quit)

THREE-DAY NOTICE TO LEAVE THE PREMISES — NONPAYMENT OF RENT — OHIO

TABLE OF CONTENTS

1. Notice Header and Recipient Identification
2. Description of Premises
3. Statement of Default — Unpaid Rent
4. Demand and Three-Day Period
5. Statutory Warning Language Required by R.C. § 1923.04
6. No Waiver — Limited Acceptance Reservation
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 of the premises described below

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

LANDLORD ADDRESS: [________________________________]

DATE OF NOTICE: [__/__/____]

2. DESCRIPTION OF PREMISES

You are the tenant in possession, under a [☐ written / ☐ oral] rental agreement dated approximately [__/__/____], of the following residential premises (the "Premises"):

Street Address: [________________________________]

Unit/Apt. No.: [____________]

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

3. STATEMENT OF DEFAULT — UNPAID RENT

You are in default under the rental agreement for failure to pay rent that is now due and owing. As of the date of this Notice, the unpaid balance is itemized as follows:

4. DEMAND AND THREE-DAY PERIOD

You are hereby notified to LEAVE THE PREMISES on or before the expiration of THREE (3) DAYS from the date this Notice is served upon you, exclusive of the date of service.

This statutory notice demands that the Tenant leave; it does not itself create a statewide right to preserve possession by paying the balance. Any separate payment offer, pay-to-stay right, or agreed cure must be reviewed under the rental agreement and applicable state and local law. The effect of accepting payment depends on what period the payment covers and the governing facts and law.

If you fail to vacate after the statutory three-day interval, an action for forcible entry and detainer (eviction) and for unpaid rent and damages may be filed against you in the [____________] Municipal Court / County Court, subject to any additional notice required by federal, state, local, lease, or program law.

5. STATUTORY WARNING LANGUAGE REQUIRED BY R.C. § 1923.04

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.

6. NO WAIVER — LIMITED ACCEPTANCE RESERVATION

The Landlord expressly reserves all rights and remedies under the rental agreement, Ohio Rev. Code Chapters 1923 and 5321, and applicable law. Acceptance by the Landlord of any payment less than the full amount stated above, or of any payment after the expiration of the three-day period, shall not be construed as a waiver of this Notice or of the Landlord's right to proceed with an action for possession, except to the extent expressly agreed in a signed writing.

Self-help eviction is prohibited by 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 under penalty of perjury under the laws of the State of Ohio that I served this Three-Day Notice to Leave the Premises on the Tenant identified above on [__/__/____] at approximately [____] [☐ a.m. / ☐ p.m.] by the following method (check all that apply):

☐ Certified U.S. Mail, return receipt requested, addressed to the Tenant, tracking number [____________].

☐ Handing a written copy to the Defendant in person.

☐ Leaving a written copy at the Defendant's usual place of abode.

☐ Leaving a written copy at the Premises from which eviction is sought.

Signature of Server: [________________________________]

Print Name: [________________________________]

Title / Relationship to Landlord: [________________________________]

9. OHIO PRACTICE NOTES

9.1 Three-Day Computation

R.C. § 1923.04 requires notice three or more days before the action begins. Do not count the service event as one of the three intervening days, and confirm the earliest filing date with the specific court because local calculation and filing practice can affect whether the statutory interval has elapsed.

9.2 Acceptance of Rent After Notice

Ohio decisions generally treat acceptance of future rent after service as inconsistent with eviction and as waiving the notice, while distinguishing payment for obligations already incurred. See Assn. for Defense of the Washington Local School Dist. v. Kiger, 42 Ohio St.3d 116 (1989); Presidential Park Apts. v. Colston, 17 Ohio Op.3d 220, 221 (10th Dist. 1980), quoted in Dolton v. King, 2003-Ohio-2423, ¶¶ 11-12. If payment is offered or accepted, identify the period it covers and obtain Ohio counsel's advice about waiver, reservation, and any local pay-to-stay rule.

9.3 Local Pay-to-Stay and Right-to-Counsel Ordinances

• Cleveland Codified Ordinances § 375 (Pay-to-Stay): Landlord must accept all rent plus permissible late fees tendered before the FED hearing in pay-only cases.
• Cleveland Right to Counsel (C.O. Chapter 375): Tenants meeting income criteria are entitled to appointed counsel.
• Cincinnati Mun. Code Chapter 870 / 871: Source-of-income protections; eviction filing requirements.
• Toledo Mun. Code Chapter 1750: Pay-to-stay and right to counsel.
• Columbus: Source-of-income ordinance and eviction-prevention measures.
• Cuyahoga County Housing Court (Cleveland Housing Court): Specialized eviction docket; verify local rules.

9.4 CARES Act 30-Day Notice (Where Applicable)

For "covered dwellings" under 15 U.S.C. § 9058 (federally backed mortgage; LIHTC; voucher; project-based Section 8; USDA; etc.), federal law requires at least 30 days' notice to vacate. The CARES 30-day notice precedes the Ohio 3-day notice. Failure to give the federal notice is a defense.

9.5 Subsidized Housing

Public housing (PHA) and project-based Section 8 require additional grievance procedures and a 14-day rent-default notice with specific HUD-required content under 24 C.F.R. Part 247 / Part 966. The Ohio 3-day notice is supplemental, not a substitute.

9.6 No Self-Help

Under R.C. § 5321.15, the Landlord may not change locks, shut off utilities, remove tenant property, or otherwise exclude the Tenant outside of a court order. Violation exposes the Landlord to actual damages and attorneys' fees.

9.7 Habitually Late Rent

If the rental agreement defines "habitually late" payments as a material breach, consider serving the 30-day cure notice under R.C. § 5321.11 in addition to the 3-day pay-or-quit, to preserve grounds.

10. SOURCES AND REFERENCES

• Ohio Rev. Code § 1923.02 — Persons Subject to Forcible Entry and Detainer Action: 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 § 5321.04 — Landlord Obligations: https://codes.ohio.gov/ohio-revised-code/section-5321.04
• Ohio Rev. Code § 5321.05 — Tenant Obligations: https://codes.ohio.gov/ohio-revised-code/section-5321.05
• Ohio Rev. Code § 5321.15 — Self-Help Eviction Prohibited: https://codes.ohio.gov/ohio-revised-code/section-5321.15
• 15 U.S.C. § 9058 — CARES Act 30-Day Notice: https://www.law.cornell.edu/uscode/text/15/9058
• Cleveland Codified Ordinances Chapter 375 — Pay-to-Stay / Right to Counsel: https://codelibrary.amlegal.com/codes/cleveland/latest/overview
• Cincinnati Municipal Code Chapters 870–871: https://library.municode.com/oh/cincinnati
• Ohio Legal Help — Eviction Notices: https://www.ohiolegalhelp.org/topic/eviction
• 24 C.F.R. Part 247 (HUD subsidized housing terminations): https://www.ecfr.gov/current/title-24/part-247