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.

If full payment of the total amount stated in Section 3 is tendered to the Landlord at the address above, in cash, certified funds, or other form expressly acceptable to the Landlord, before the expiration of the three-day period, the Landlord [☐ may, in the Landlord's sole discretion, / ☐ shall] reinstate the tenancy. Acceptance of partial payment will not waive this Notice unless expressly agreed in writing.

If you fail to vacate or to cure the default within three (3) days, 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 without further notice, pursuant to Ohio Rev. Code Chapter 1923.

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):

☐ Personal delivery to the Tenant at the Premises.

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

☐ Posting a copy in a conspicuous place on the Premises (the Tenant being absent and no person of suitable age available to receive service).

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

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

Signature of Server: [________________________________]

Print Name: [________________________________]

Title / Relationship to Landlord: [________________________________]

9. OHIO PRACTICE NOTES

9.1 Three-Day Computation

Under R.C. § 1923.04, the three-day period is computed by excluding the date of service and including the third day. The Landlord may file the F.E.D. complaint on the fourth day. Some Ohio courts require a fourth full day to elapse before filing — confirm local custom (e.g., Franklin County, Cuyahoga County, Hamilton County).

9.2 Acceptance of Rent After Notice

Ohio follows a strong waiver doctrine. Acceptance of rent that accrues after the notice has been served — without an express written reservation — generally waives the notice. 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 App.3d 220 (1984). If partial payment must be accepted (e.g., Cleveland Pay-to-Stay), document the limited reservation in writing and consider whether a new notice will be required.

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