Is this considered a proper legal notice?

Asked about 2 years ago - Columbus, OH

I have a twelve month lease. I rec'd a notice to vacate on my door 11 July 2012. This is what the letter says:

It is our unfortunate duty to inform you that our office willnot be able to accept your july rent. Due to the payment of your rent for your apartment being late 5 times over the term of your lease. Our coorperate office is terminating your lease and requesting that you vacate. Please refer any questions to our cooperate office.

I have a few questions. From what I researched this is considered an unconditional quit notice. The letter is dated 11 July 2012. They are not giving me a chance to pay the rent. Yes I have paid the rent late due to employment issues but its never been past seven days and I have not recieved an eviction notice before from the company. I have the rent money and have left four messages per day with the VP and the distrcit manger, all not to be returned. They disabled my ability to pay rent online and also to accept it in person at th office. WHat are my options. Nothing they have given me has a date on it? I dont know how many days I have to leave and no one i returning my phone calls.My lease is up in August 2012. There has been no legal filings as of today against me and stil no repsonse from the company. Should I mail them my rent certified to the cooperate office? Should I send them a letter? Get a lawyer? My rent was late most times because of change of pay, I am in the Army reserves and do about 15 days a month. The last two months my rent was late bc I am catching up on bills from a deployment which ended May 17th. So June and July rent were late. I am in Ohio.

Attorney answers (2)

  1. Michelle Lynn Marshall

    Contributor Level 13

    Answered . It is impossible to say what is a "proper legal notice" without having seen the notice. I will say that these types of notices need to comply with Ohio Revised Code Section 1923.04 (http://codes.ohio.gov/orc/1923.04). Make note of the language in section (A) that must appear in the notice. Generally, if a landlord was seeking to evict for non-payment of rent, you would see a 3-day "pay or quit" statement in the notice which would require you to pay up or get out within 3 days or they could start the formal eviction process.

    If what you quoted above was all the language contained in the notice, and your lease expires in August anyway, it sounds to me like they are letting you know that they do not intend to renew your lease or permit you to stay beyond lease expiration on a month to month basis. Of course I cannot know that for sure without getting clarification from the landlord, but I would suggest that you go ahead and make alternate living arrangements effective the day your lease ends (July 31st?), and if they didn't accept your July rent I imagine they will swipe your security deposit to cover that last month.

    When in doubt, it is always good advice to consult with a local landlord/tenant attorney who can review your lease in person and perhaps have some success in contacting the landlord. I hope this was helpful, and best of luck to you.

    I am licensed in the State of Ohio, posting a response to your question or issue does not create an attorney-... more
  2. Richard Scott Carlyon

    Contributor Level 11

    Answered . What you should do is controlled by the written terms of your lease agreement and the landlord-tenant law of Ohio. You need a real estate attorney who practices Ohio landlord-tenant law to help you. If you do not act propmtly to get help, your landlord may evict you.

    NOTICE: Neither the mere sending of nor the content of the above Internet email message creates an attorney-... more

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