(A) Except as provided in division (B) or (C) of this section, a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant's usual place of abode or at the premises from which the defendant is sought to be evicted.
Every notice given under this section by a landlord to recover residential premises shall contain the following language printed or written in a conspicuous manner: "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."
(B) The service of notice pursuant to section 5313.06 of the Revised Code constitutes compliance with the notice requirement of division (A) of this section. The service of the notice required by division (C) of section 5321.17 of the Revised Code constitutes compliance with the notice requirement of division (A) of this section.
(C) If the adverse party in an action under this chapter is a deceased resident of a manufactured home park, the notice required by division (A) of this section shall be left at the premises from which the defendant is sought to be evicted and also shall be sent by ordinary mail to the following persons if their names and addresses are known to the park operator:
(1) If a probate court has granted letters testamentary or of administration for the estate of the adverse party in accordance with Title XXI of the Revised Code, the executor or administrator appointed by the probate court;
(2) The deceased resident's spouse and any other members of the deceased resident's immediate family.
Notes of Decisions
Cited in 134
cases (49 in the last 5 years), 1957–2026 · leading case: Maggiore v. Kovach, 101 Ohio St. 3d 184 (Ohio 2004).
Maggiore v. Kovach, 101 Ohio St. 3d 184 (Ohio 2004). · cites it 20ד17(B) requires a landlord to provide a commercial tenant at least 30 days’ notice to terminate a tenancy and (2) whether the notice to vacate the premises in the instant case was sufficient under R.C. 1923.04. We answer the first question in the negative and the second question…”
Voyager Vill. Ltd. v. Williams, 444 N.E.2d 1337 (Ohio Ct. App. 1982). · cites it 24ד” Turning now from the statutory definitions to the procedural terms in forcible entry and detainer, R.C. 1923.04 provides, in relevant part: “(A) Except as provided in division (B) of this section, a party desiring to commence an action under this chapter, shall notify the…”
New Asian Super Mkt. v. Jiahe Weng, 2018 Ohio 1248 (Ohio Ct. App. 2018). · cites it 6דOn December 15, 2016, landlord gave tenants notice of default under R.C. 1923.04 and to vacate the premises. (Ex.”
Somerfield v. Budz, 2019 Ohio 4804 (Ohio Ct. App. 2019). · cites it 6דAppellants did not leave, so Appellee served them with a three-day notice to vacate pursuant to R.C. 1923.04 on November 13, 2018. Id. at 9:14-10:18 and Plaintiff’s Ex.”
Goble v. Grosswiler, 2019 Ohio 4443 (Ohio Ct. App. 2019). · cites it 8דIn that case, the vendor sent the defaulting vendee a notice that stated the incorrect number of days and posted a standard R.C. 1923.04 three-day forcible entry and detainer notice prior to the commencement of the forfeiture action.”
Adm'r of Vets. Affairs v. Jackson, 535 N.E.2d 369 (Ohio Ct. App. 1987). · cites it 9ד” The appellant claims that the administrator failed to comply with the notice requirements of R.C. 1923.04. Appellant asserts that the notice was improper for two reasons.”
Cincinnati Metro. Hous. Auth. v. Morgan, 104 Ohio St. 3d 445 (Ohio 2004). · cites it 15ד*446 {¶ 1} Pursuant to R.C. 1923.04, at least three days before bringing an action for forcible entry and detainer against a tenant, a landlord must give a tenant notice to vacate the premises.”
Manifold v. Schuster, 586 N.E.2d 1142 (Ohio Ct. App. 1990). · cites it 4דFinally, we address the sufficiency of the statutory "3 day notice" served on appellants prior to the commencement of this cause, a copy of which is attached to appellee's complaint.”
Shimko v. Marks, 632 N.E.2d 990 (Ohio Ct. App. 1993). · cites it 4דThe trial court erred in its conclusion that plaintiff-appellee’s acceptance of the August 1992 payment was not a waiver of the R.C. § 1923.04 notice to leave the premises.”
Olentangy Commons Owner, L.L.C. v. Fawley, 2023 Ohio 4039 (Ohio Ct. App. 2023). · cites it 2דOn March 7, 2022, Olentangy Commons gave Fawley a three-day “Notice to Leave the Premises,” as required by R.C. 1923.04. Fawley did not leave. On March 21, 2022, Olentangy filed a forcible entry and detainer action against Fawley in the municipal court.”
Gary Crim, Inc. v. Rios, 683 N.E.2d 378 (Ohio Ct. App. 1996). · cites it 5ד04(A) by accepting a significant, partial rental payment on March 1, 1995 and by accepting a rental payment on April 1, 1995.”
Ebbing v. Mathis, 2013 Ohio 3880 (Ohio Ct. App. 2013). · cites it 8דThe magistrate found that Ebbing had accepted the $500 payment from Mathis and dismissed Ebbing's second FED action on the ground that, by accepting a rent payment from Mathis after serving him with an R.C. 1923.04 notice to vacate the premises, Ebbing waived the…”
Maggiore v. Kovach, 101 Ohio St. 3d 184 (Ohio 2004). “17(B) requires a landlord to provide a commercial tenant at least 30 days’ notice to terminate a tenancy and (2) whether the notice to vacate the premises in the instant case was sufficient under R.C. 1923.04. We answer the first question in the negative and the second question…”
Voyager Vill. Ltd. v. Williams, 444 N.E.2d 1337 (Ohio Ct. App. 1982). “” Turning now from the statutory definitions to the procedural terms in forcible entry and detainer, R.C. 1923.04 provides, in relevant part: “(A) Except as provided in division (B) of this section, a party desiring to commence an action under this chapter, shall notify the…”
Somerfield v. Budz, 2019 Ohio 4804 (Ohio Ct. App. 2019). “Appellants did not leave, so Appellee served them with a three-day notice to vacate pursuant to R.C. 1923.04 on November 13, 2018. Id. at 9:14-10:18 and Plaintiff’s Ex.”
Cincinnati Metro. Hous. Auth. v. Morgan, 104 Ohio St. 3d 445 (Ohio 2004). “*446 {¶ 1} Pursuant to R.C. 1923.04, at least three days before bringing an action for forcible entry and detainer against a tenant, a landlord must give a tenant notice to vacate the premises.”
Gary Crim, Inc. v. Rios, 683 N.E.2d 378 (Ohio Ct. App. 1996). “04(A) by accepting a significant, partial rental payment on March 1, 1995 and by accepting a rental payment on April 1, 1995.”
— Ohio Rev. Code § 1923.04(B) — 1 case
Goble v. Grosswiler, 2019 Ohio 4443 (Ohio Ct. App. 2019). “In that case, the vendor sent the defaulting vendee a notice that stated the incorrect number of days and posted a standard R.C. 1923.04 three-day forcible entry and detainer notice prior to the commencement of the forfeiture action.”
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