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Does a Landlord Have to Give You a 30 Day Notice for An Eviction?

Chardon, OH |

My landlord just came to my door and basically told me I have till the 25th of this month to move out. My husband said he sent in a money order this month and we have been late with my income and that mailing it in but not sure how they can give me 3 days to get out. I thought you had to have 30 days notice? We got kicked out of our last place when my husband's hours got cut and we got behind and were there like 5-6 months before we had to leave. So do they have to give us 30 days notice? My next check I don't even get until the 3rd and it has to mailed on or before the 1st (it used to be a drop box but bet they get more late fees mailing it). So not sure what to do and I asked if I could pay July now and he said ya but Aug would have to be in before the 1st or we would still get booted

Attorney Answers 2

Posted

In Ohio, unless a lease has terms to the contrary, Ohio law only requires landlords to give 3 days notice prior to filing an eviction for failure to pay rent. So, if you are behind in your rent and your lease does not provide any additional requirements regarding eviction, your landlord is authorized to provide a 3 day notice. Please note if the landlord accepts any rent after serving you with the 3 day notice they are not authorized to go forward with the eviction.

I am licensed in Ohio & Kentucky, posting a response to your question or issue does not create an attorney-client relationship and I am not providing you legal advice. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights--or rights to recovery of damages.

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3 comments

Asker

Posted

Great I'm living on part-time income and my hours have been cut so not sure if I can come up with the money in like 3 days although it says I have till the 25th so not sure what to do, nowhere to go plus got 3 people here and can maybe squeeze in at his mom's down the street but don't know how that would work.... :(

Joseph Luke Beyke

Joseph Luke Beyke

Posted

I sympathize with you and wish you the best. Please note, that if you do not leave in the 3 days, an eviction may be brought against you. Even if the eviction is filed, it will be at least 14 days until a hearing and then typically 7 days until a writ of possession is ordered. So, you may have about 3-4 weeks to make new arrangements. Please be aware though if you stay you will have an eviction on your record and this could impact your credit and ability to rent down the road.

Asker

Posted

What if we pay for the current month owed now? My husband said he mailed the money in but not sure if he did-so if we pay I think we just have to have our rent in by Aug 1st which my hours will cut and will have to figure out and I already have 1 on my record so I can't get another one :(

Posted

verbal notice is not sufficient
as my colleague said, first a three day notice
then they file an eviction in court
your court date will be about 3 to 4 weeks later
then about 7 to 10 days after that you have to actually move out

however, if you pay inbetween you should be able to stay
if landlord files eviction in court
and will not take the rent
then save up your money
and go to the eviction hearing
tell the Judge that you have the money to pay the back rent and that the next months rent will be on time
that should allow you to stay

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2 comments

Asker

Posted

Thank you, we paid it for July but said if it's not there by the 1st (mailed too which I don't always trust) we will still be kicked out, trying to call around for help with my help with no avail so getting scared. Plus we own the mobile home so not sure how it would work if we do get kicked out since we only the actual home?

Michael J. Caticchio

Michael J. Caticchio

Posted

dont worry just get it there like you normally do they would need to start all over and they wont if you pay

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