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

Asked over 2 years ago - 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)

  1. Joseph Luke Beyke

    Contributor Level 11

    Answered . 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... more
  2. Michael J. Caticchio

    Contributor Level 14

    Answered . 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

Related Topics

Notice to vacate property

A notice to vacate is a written notice from a landlord telling a tenant to move by a certain date. Often you'll have 30 days to leave, but state laws vary.

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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