How Much Notice is Required to Evict a Tenant

Posted on August 30th, 2008 in Uncategorized by Eric

Q.  In Ohio, how much notice does a landlord have to give to evict a residential tenant?

A.  The answer is that it depends.  If the tenant has breached the lease or is holding over after the tenancy has expired, then the landlord need only post a three day notice.  But if the tenant has violated Ohio Revised Code Section 5321.05, then the landlord must give the tenant 30 days to fix the problem first, and then, if the tenant has not remedied the problem, then a three day notice may be posted.

If the relationship between the landlord and the tenant is month to month, then Ohio Revised Code Section 5321.17 requires that the landlord give the tenant 30 day’s notice that the month to month tenancy will be ending.  The timing of the thirty days is important, as the 30 day time period only begins to count from the start of the next rental term.  If the tenant holds over after that, then the landlord need only post the three day notice to vacate.

9 Responses to 'How Much Notice is Required to Evict a Tenant'

Subscribe to comments with RSS or TrackBack to 'How Much Notice is Required to Evict a Tenant'.

  1. Sarah said,

    on November 30th, 2008 at 11:04 pm

    what happens if we had a month to month (considering we never signed a paper, because they were friends we were renting from) and they gave us a weeks notice to mmove out after they told us we could have until the end of the following month?

  2. whitaker said,

    on February 5th, 2009 at 4:59 am

    In Ohio, what are the rules for a “share my home” situation where residents rent rooms and live by a set of rules in the house. How do you evict them? How do you evict someone when you just one to start using your property for other purposes?

  3. tony m said,

    on October 17th, 2009 at 1:01 pm

    IF A HOME WAS RENTED to me by a person whom buys home in another persons name other than his because he makes his money illegally,and later sells this home,but does,nt even as much as call me or make contact in spite of my attempts to get ahold of him.NOW the person whose name the home was in as well as whom has apparently it is either given to or sold to,both these guys i later found out has 2 other home’s in other peoples names,i have witnesses and written proof,am i allowed to supeana these witnesses,what can i do for this fraud,they want us out,and have filed in court,how can this happen?we paid,the whole thing is a scam,they are drug dealers that laundered they’re money,but the courts,seem to side with the plantiff in these matters,its only hearsay on my part w/o the witnesses,help us!

  4. tracy hale said,

    on July 10th, 2010 at 11:17 am

    do i have to hire a lawyer to file a mammoramdam with the court house?

  5. tracy hale said,

    on July 10th, 2010 at 11:20 am

    i already filed with the court and registered letter and and i handed the eviction. now that thier lease is up do i have to hire a lawyer to file a mameramdom to evict them?

  6. BB said,

    on June 19th, 2011 at 6:53 pm

    I wish I had a female landlord, every place I rent I get stalked by the landlord on a daily weekly basis. without the 24 hour notice I have been caught with my boyfriend, in the shower, sleeping peacefully, eating dinner, on phone with family or friends. I mean Seriously.

  7. ohiolandlordtenant said,

    on January 4th, 2013 at 2:41 am

    A landlord can own a home and have another person or entity manage it.

  8. ohiolandlordtenant said,

    on January 4th, 2013 at 2:48 am

    You could evict for nonpayment of rent if there was such a failure. You could evict for unlawfully holding over if you legitimately terminated the tenancy and they refused to leave.

  9. ohiolandlordtenant said,

    on January 4th, 2013 at 2:49 am

    Generally, they have to give 30 days written notice to terminate a tenancy.

Post a comment