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Ohio does a three day notice include weekends? Eviction Notice

Discussion in 'Other Residential Landlord & Tenant Issues' started by ohiolandlord, Nov 22, 2014.

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  1. ohiolandlord

    ohiolandlord Law Topic Starter New Member

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    The way I see it, the three day notice is outside jurisdiction or pre jurisdiction, therefore weekends count.

    5321 clearly states 3 DAYS with no exceptions.....

    Any opinions on this?
     
    Last edited: Nov 22, 2014
  2. disagreeable

    disagreeable Well-Known Member

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    Yep, the 3 days really means nothing except now you get to pursue a formal court eviction.
     
  3. ohiolandlord

    ohiolandlord Law Topic Starter New Member

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    Totally agree, the question is, can the 3 days include SUNDAY. I had the discussion with someone whom said that Sundays are not counted in the three days. My point is, the 3 day notice is not part of the judicial process yet, just a requirement. OH LL tenant law clearly says 'AT LEAST 3 DAYS'. It does not say except Saturday, Sunday Holidays etc..... so, my position is that on the face, 3 days is just that.... 3 days and any 3 days count.
     
  4. heracles87

    heracles87 Member

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    I've had to evict a deadbeat tenant before. 3 days notice is three WORKING days. Weekends and holidays don't count.
     
  5. heracles87

    heracles87 Member

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    I'm in parma ohio fyi. It must be 3 working days.
     
  6. ohiolandlord

    ohiolandlord Law Topic Starter New Member

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    I read ya! but where in 5301 does it SAY IT! CR (service) has it in there, but thats at the point the court has jurisdiction! during the 3 day notice period, the court has yet to have jurisdiction...... Again, I read ya, I have heard it too.... just where is it supported in ORC?
     
  7. heracles87

    heracles87 Member

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    Is court in session weekends? Holidays? No. So it just stands to reason that said days wouldn't be included.
     
  8. ohiolandlord

    ohiolandlord Law Topic Starter New Member

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    1923.04 speaks of 3 day notice.... what am i missing here?
     
  9. ohiolandlord

    ohiolandlord Law Topic Starter New Member

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    it all sounds good and reasonable.... let me twist this a little.... Does your mortgage charge you for weekends and holidays? do they live there weekends and holidays? can you rent it weekends to someone else?, or perhaps the court is paying weekend rent...? Where is 1923 or 5321 does it SAY IT. Ohio CR speaks of this but it is for service of COMPLAINTS and actions whereas the court has jurisdiction. Oh LL Tenant law specifically speaks of this 1923.04 but I have read 1923.04 and find that there are no exceptions written. Thanks for reading....
     
  10. Betty3

    Betty3 Super Moderator

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    You can always run it by a LL/tenant attorney in your area & see what he/she says.
     
    heracles87 likes this.
  11. army judge

    army judge Super Moderator

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    I'm sure there are many examples of how to interpret the three notice to vacate.

    Here is what the Lakewood, OH Municipal Court advise on the Three Day Notice Form they supply for landlords to give notice to tenants in breach:

    NOTE: To calculate the time when the eviction complaint can be filed with the court, do not count the day the three (3) day notice is served to the tenant(s). [EXAMPLE: If the three (3) day notice is served on a Thursday you begin the count on Friday. Therefore, the eviction complaint can be filed with the Court on the following Monday.] IF YOU ARE UNSURE OF THE PROCEDURE YOU SHOULD SEEK LEGAL ADVICE, THE COURT CANNOT GIVE YOU LEGAL GUIDANCE.

    The above sample three (3) day notice is only an example to assist the individual, and it may not be inclusive of all the procedures the landlord/agent must follow. Please be advised that a three (3) day notice for non-payment of rent is not always the same type of notice used for other breaches of the lease or to terminate a lease/rental agreement.




    http://www.google.com/url?sa=t&rct=...T9bvOPdsC-XqPSA&bvm=bv.80185997,d.eXY&cad=rja




    This is how Portage County Courts explain the process:



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    http://www.co.portage.oh.us/clerk_pdfs/Eviction packet.pdf

     
  12. ohiolandlord

    ohiolandlord Law Topic Starter New Member

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    Thank you for your reply.... while not being difficult, and I play the game pursuant to each set of court rules, I still think there is adlib in their methods. I still have yet to read the law where it requires for me to omit holidays, sundays etc. Again, sound good. Cases are not won on this principal. If you have law, you pound on the law. If you have fact, you pound on the fact, if you have neither, you pound on the desk.

    1923.04 Notice - service.
    (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.

    Effective Date: 08-22-1990; 2007 HB56 10-18-2007

    Where in here does it say Sundays dont count?????????????????? or what am I missing.

    Another question... does a three day have to be signed???????????????

    I was just hoping to get perhaps other interested people looking in this as well. Not a big deal, just looking for opinion based on law. May be a question for the 12th!
     
    Last edited: Nov 23, 2014
  13. heracles87

    heracles87 Member

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    Lol you can't be real can you?
     
  14. ohiolandlord

    ohiolandlord Law Topic Starter New Member

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    Its just the principal of it. I have seen someone jailed or not over smaller issues and definitions thereof.
     

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