(A) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified in the notice.
(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.
(C) If a tenant violates division (A)(9) of section 5321.05 of the Revised Code and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the residential premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, the landlord shall terminate the week-to-week tenancy, month-to-month tenancy, or other rental agreement with the tenant by giving a notice of termination to the tenant in accordance with this division. The notice shall specify that the tenancy or other rental agreement is terminated three days after the giving of the notice, and the landlord may give the notice whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code. If the tenant fails to vacate the premises within three days after the giving of that notice, then the landlord promptly shall comply with division (A)(9) of section 5321.04 of the Revised Code. For purposes of this division, actual knowledge or reasonable cause to believe as described in this division shall be determined in accordance with division (A)(6)(a)(i) of section 1923.02 of the Revised Code.
(D) This section does not apply to a termination based on the breach of a condition of a rental agreement or the breach of a duty and obligation imposed by law, except that it does apply to a breach of the obligation imposed upon a tenant by division (A)(9) of section 5321.05 of the Revised Code.
Notes of Decisions
Cited in 52
cases (13 in the last 5 years), 1981–2026 · leading case: Maggiore v. Kovach, 101 Ohio St. 3d 184 (2004).
Maggiore v. Kovach, 101 Ohio St. 3d 184 (2004). · cites it 17דThe Fifth District held that the 30-day notice requirement under R.C. 5321.17 did not apply to commercial leases and, therefore, that the letter dated January 23, 2002, satisfied the requisite three-day notice to vacate under R.”
Geoffrey M. Radvansky v. City of Olmsted Falls, 395 F.3d 291 (6th Cir. 2005). · cites it 2ד2d at 1145; Ohio Rev.Code Ann. § 5321.17. If the landlord gives proper notice, but the tenant refuses to vacate, the landlord may bring a forcible detainer action in court to remove the tenant.”
Voyager Vill. Ltd. v. Williams, 444 N.E.2d 1337 (Ohio Ct. App. 2d Dist. 1982). · cites it 14דThe three steps are: (1) a notice of termination of tenancy (R.C. 5321.17); (2) a notice to vacate the premises (R.”
Amick v. Sickles, 894 N.E.2d 733 (Ohio Ct. App. 4th Dist. 2008). · cites it 19דAppellant contends that the trial court erred in (1) exercising subject-matter jurisdiction, (2) denying motions to dismiss due to lack of subject-matter jurisdiction, (3) finding that appellant had received proper notification of the termination of her tenancy under R.C.…”
3637 Green Rd. Co., Ltd. v. Specialized Component Sales Co., Inc., 2016-Ohio-5324, 69 N.E.3d 1083. · cites it 3דNotice of Termination of Holdover Tenancy {¶36} In its second assignment of error, 3637 Green Road contends that under R.C. 5321.17(B), Specialized Component Sales was required to give 30 days’ notice “before terminating the lease” and that it, therefore, should have been…”
Schwartz v. McAtee, 488 N.E.2d 479 (Ohio 1986). · cites it 4דThe only one that does not is R.C. 5321.17, dealing with termination of periodic tenancies.”
Adm'r of Vets. Affairs v. Jackson, 535 N.E.2d 369 (Ohio Ct. App. 9th Dist. 1987). · cites it 6ד” The appellant contends that the administrator failed to serve the thirty-day notice of termination under R.C. 5321.17 and the failure to serve this notice precludes the administrator from serving the three-day notice required in R.”
Risch v. Samuel, 2020-Ohio-1094. · cites it 3דIf the tenant remains in possession of the premises after the expiration of the 30-day period, the landlord must serve the tenant with a proper three-day notice under R.”
Steiner v. Minkowski, 596 N.E.2d 492 (Ohio Ct. App. 6th Dist. 1991). · cites it 3דR.C. 5321.17. In the case before us, a written lease agreement specifies that appellees were to pay $20 per day in rent and includes a commencement day, March 27, 1989.”
Ozdemir v. Boldt, 2018-Ohio-5008. · cites it 5דRuling rather that a notice of termination can end on a day during a term, contrary to the lease, Ohio Rev. Code §5321.17(B) and Case Law. Law and Analysis {¶ 14} Appellant argues that the trial court erred as a matter of law by finding appellee provided timely notice to vacate…”
Sciascia v. Riverpark Apts., 444 N.E.2d 40 (Ohio Ct. App. 10th Dist. 1981). · cites it 3דFurthermore, R.C. 5321.17(B) requires thirty days’ notice for termination of a month-to-month tenancy.”
Karras v. Karras, 2018-Ohio-515, 107 N.E.3d 74. · cites it 2ד17 states that a “landlord or [a] tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least -10- thirty days prior to the periodic rental date,” and the thirty-day notice delivered by Appellant lists “grounds” of “[t]ermination of tenancy”…”
Voyager Vill. Ltd. v. Williams, 444 N.E.2d 1337 (Ohio Ct. App. 2d Dist. 1982). “The three steps are: (1) a notice of termination of tenancy (R.C. 5321.17); (2) a notice to vacate the premises (R.”
Ohio Rev. Code § 5321.17(B): 30 cases
Maggiore v. Kovach, 101 Ohio St. 3d 184 (2004). “The Fifth District held that the 30-day notice requirement under R.C. 5321.17 did not apply to commercial leases and, therefore, that the letter dated January 23, 2002, satisfied the requisite three-day notice to vacate under R.”
Voyager Vill. Ltd. v. Williams, 444 N.E.2d 1337 (Ohio Ct. App. 2d Dist. 1982). “The three steps are: (1) a notice of termination of tenancy (R.C. 5321.17); (2) a notice to vacate the premises (R.”
3637 Green Rd. Co., Ltd. v. Specialized Component Sales Co., Inc., 2016-Ohio-5324, 69 N.E.3d 1083. “Notice of Termination of Holdover Tenancy {¶36} In its second assignment of error, 3637 Green Road contends that under R.C. 5321.17(B), Specialized Component Sales was required to give 30 days’ notice “before terminating the lease” and that it, therefore, should have been…”
Risch v. Samuel, 2020-Ohio-1094. “If the tenant remains in possession of the premises after the expiration of the 30-day period, the landlord must serve the tenant with a proper three-day notice under R.”
Ozdemir v. Boldt, 2018-Ohio-5008. “Ruling rather that a notice of termination can end on a day during a term, contrary to the lease, Ohio Rev. Code §5321.17(B) and Case Law. Law and Analysis {¶ 14} Appellant argues that the trial court erred as a matter of law by finding appellee provided timely notice to vacate…”
Ohio Rev. Code § 5321.17(D): 4 cases
Maggiore v. Kovach, 101 Ohio St. 3d 184 (2004). “The Fifth District held that the 30-day notice requirement under R.C. 5321.17 did not apply to commercial leases and, therefore, that the letter dated January 23, 2002, satisfied the requisite three-day notice to vacate under R.”
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