legal 3 day notice to leave

[slreno]

i have read this all over the internet but yet to find a ohio revised code for this.
i have read that the 3 day notice to evict cannot count the day it was served or weekends or holidays before the landlord can actually file formally in the court. is this correct for ohio.

we have a crooked landlord that is doing this purposley. we are running 2 weeks behind this month and he has served us and filed in court to evict. we only have 2 months left on out lease and we paid a 2 MONTH deposit on this place. we think he is now purposly refusing rent money because he wants to break the lease and pocket our 2 month deposit money.

that is why we are wanting to know this because if he is doing this we can file for a motion to dismiss if he did not wait the full 3 days before he filed in court.

we was served the 3 day notice on a wednesday (which we think that day didnt count)
then there was thursday and friday == 2 days
sat and sunday (we think didnt count either because of weekend)
monday he has already file today and the day isnt even over yet! isnt that an improperly served 3 day notice?
thank you

 

[army judge]

i have read this all over the internet but yet to find a ohio revised code for this.
i have read that the 3 day notice to evict cannot count the day it was served or weekends or holidays before the landlord can actually file formally in the court. is this correct for ohio.

we have a crooked landlord that is doing this purposley. we are running 2 weeks behind this month and he has served us and filed in court to evict. we only have 2 months left on out lease and we paid a 2 MONTH deposit on this place. we think he is now purposly refusing rent money because he wants to break the lease and pocket our 2 month deposit money.

that is why we are wanting to know this because if he is doing this we can file for a motion to dismiss if he did not wait the full 3 days before he filed in court.

we was served the 3 day notice on a wednesday (which we think that day didnt count)
then there was thursday and friday == 2 days
sat and sunday (we think didnt count either because of weekend)
monday he has already file today and the day isnt even over yet! isnt that an improperly served 3 day notice?
thank you

The three day period, for purposes of the three day notice, does NOT INCLUDE the day upon which the notice is given or intervening Saturdays, Sunday or holidays. After the three days pass, on the following day, (THIS IS NOW DAY FOUR, weekends EXCEPTED) the landlord may file the complaint for forcible entry and detainer. A hearing will be scheduled approximately two weeks after the day on which the case is filed. This first hearing will determine the landlord's right to regain control of the premises. If the court grants the eviction, the landlord may then ask the court to issue a Writ of Restitution.

OH is a very LL friendly state. If you do not pay your rent in OH, the LL can give you a 3 day Unconditional Quit notice. This is NOT a Pay or Quit notice. Once the 3 notice day has been served or tacked on your door, you NO LONGER HAVE AN OPTION to pay, only to move. You can still try to negotiate. Keep reading.

OH does NOT give second chances. OH has no Pay and cure the breach option. OH has no grace period. The LL can serve the notice the day after rent is due. The LL does not have to accept any rent after this notice is served. (But if the office accepts your rent or part of your rent, he cannot evict.) The LL does NOT have to accept late rent from you in OH. You will not have 30 days to move out. You will have 3! The 30 day notice is for terminating month to month tenants only and does not apply to non-payment.

You will have about 3-4 weeks, until the next hearing (to actually evict you); if you do NOT leave voluntarily after the three day notice to quit. As hard as OH law may be, the LL can NOT make you leave. The LL can not evict you. Only a judge can order your eviction, hence the extra days, if you do NOT leave after the three day notice.

Once served, the tenant has only 3 days to move out. These days do not include the day it is served, weekends, or holidays. Service can be made by handing it to you, mailing it to you, or just by taping or tacking it on your front door (most common method of notification). Once it is posted, your time is very limited. If served on a Monday, you need to be out by Thursday, and he can file eviction on Friday.

After it expires, the LL can file for eviction. Eviction for non-payment is extremely quick in OH. (That's why there are so many cases, a landlord KNOWS they can get tenants evicted easily.) Court dates must be set within 30 days, so the first hearing will be in less than a month. The LL can refuse all rent in the interim. That hearing will be to give him possession. The hearing will last no more than about 15 minutes! Your property will be "set out" by the sheriff about 48 hours later. A second hearing will occur about 30 days after that. This hearing will determine how much money you will owe the LL. You will owe the rent, late fees, damages, unpaid water or sewer bills, etc. If you broke a lease, you will also owe rent until re-rented and advertising fees. Failure to attend either hearing will result in an automatic ruling against you.

Once the eviction is filed with the court, it becomes a permanent court record, even if it is later dropped or you win the case. It will still show that eviction was filed against you. This will be enough to get you denied for future housing. Any LL who runs background checks will deny you. This is just another way that tenants get screwed in OH.

You should borrow that money and pay the LL immediately before you get the 3 day notice. Try to get him to take your money and late fees, before the filing. Keep pleading even after he files, sometimes a LL can be persuaded to show compassion. A LL does not have to accept late rent in OH, like MOST states. You must allow him to let you get paid up TODAY. For your own sake in so many ways, pay the LL. Try to get teh LL to work with you. If you do get the LL to accept your late rent and fees, never, ever, ever be late again. They never work with you, if they get burned again. One final thought. You can even offer to pay his filing fees, just to show you are remorseful and want to make this right! I know, it sucks. But, if you don't, there is NO way out going forward!

 

[army judge]

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we were served the 3 day notice on a wednesday (which we think that day didn't count)
then there was thursday and friday == 2 days
sat and sunday (we think didnt count either because of weekend)

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Your logic is correct.

He served you on Wednesday. That day doesn't count.
The clock starts on Thursday. Day 1
The clock continues on Friday. Day 2

Saturday doesn't count. Clock stopped.

Sunday doesn't count. Clock stopped.

Monday is day 3, but he can't file, until Tuesday.

Tuesday is the 4th day. Now he can file his action to evict you.

Bottom line, you can go to court and have his case dismissed.

What you shouldn't do, if you want to prevail over him, is tell him that you're on to his shenanigans.

Mum is the word, if you don't want his case to be heard!

Get cracking!!!!!