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Whether you are a landlord or a tenant, if an eviction action is filed, it must first start out with the posting of a "Three Day Notice to Vacate" upon the door of the rented premises, with the proper wording.
But one thing to watch out for is that three days does not mean three calendar days. The day of posting does not count towards the three days in the Notice. Further, any day upon which the Court is not open, such as Saturdays, Sundays, and Holidays, don't count either. If you miscount and file your eviction before the three days have fully passed, then this will serve as a basis for the tenant to get the case dismissed.
Let's look at an example. The landlord posts the three day notice on a Thursday in mid January. He then files his eviction action on Monday. He is going to be out of luck, and if anyone notices the issue and raises it with the Court, the Court will have to dismiss the eviction action. Here is why: The Thursday that he posted the three day notice will not count. Thus, Friday will be day one. Saturday and Sunday will not count, since the court is not open on those days. Monday won't count because let's say it was Martin Luther King's day, and the Court was closed that day as well. That makes Tuesday the second day and Wedesday the third day. The next Thursday will be the earliest that the landlord can file the eviction.
The case law on this is: Federal Property Mgmt. v. Daugherty, 1991 Ohio App. LEXIS 3048; Midtown Apts. v. Davis, 1985 Ohio App. LEXIS 10499; Winrow v. Smith (1987), 32 Ohio Misc.2d 12.
Get a three day eviction notice
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