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One mistake that landlords often make is that they accept rent after the posting of a three day notice. This may cause a court to dismiss the eviction. I use the word "may" because it depends upon the circumstances.
First, any rent that was past due at the time that the three day notice was posted can be accepted by the landlord and not constitute a waiver of the three day notice. Here is an example. If the tenant did not pay May or June's rent, and the landlord posts the three day notice on July 10, then the landlord can accept rental payments for May and June even after posting the three day notice to vacate and still maintain the eviction action. But where things get sticky is when the landlord posts the three day notice on June 28 because the landlord found the tenant keeping a dog at the apartment (when there is a not pets clause in the lease) and then accepts July's rent after posting the three day notice.
The acceptance of future rent after posting a three day notice will waive the three day notice. Since the three day notice to vacate is what gives the court jurisdiction to hear the case in the first place, the court will have to dismiss the eviction if the tenant raises the point at the eviction hearing. The case law on this is Graham v. Pavarini (1983), 9 Ohio App.3d 89. The other reason I say "may" is because the tenant may not know enough about his or her rights to bring the matter up at the hearing. But it is unwise to count on that. As they say in the military, "Hope is not a plan."
For more information on conducting an eviction in Ohio consult our Guide to Ohio Evictions
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