[OH] [OH] Can I issue a 3-day notice to vacate to a tenant who opened the door to my private bedroom while I was asleep?
I am a homeowner in Ohio who rents out rooms in the house where I live. One of my tenants, who is on a written and signed month-to-month lease, has already informed me they plan to move out on August 31, 2025. However, in the early morning of June 28, 2025, around 2:50 a.m., this tenant opened the door to my private bedroom while I was asleep, without permission. I consider this a serious violation of my privacy, safety, and peaceful enjoyment of my home. I am attaching (or bringing) a copy of the lease for your review. The lease includes general obligations regarding respect for others and peaceful enjoyment, though it may not explicitly mention bedroom boundaries. My goal is to act lawfully while protecting my safety and the peaceful use of my home. Thank you for your guidance.
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This action would constitute a serious lease violation under Ohio Landlord Tenant law, and would authorize you to issue that 3-day notice to vacate for a serious (incurable) lease violation.
- This notice shall be in writing and handed to the tenant or posted on their door.
- I would recommend a witness to the delivery or a photo of the posting to ensure it is verifiable.
- If after the 3 days the tenant fails to vacate, then you would have a cause to go to your local court and file a petition for eviction of the tenant.
- This would then be served on the tenant by someone other than you or a service processor, and the court will set a court date for eviction.
At that hearing, the court will decide if the tenant’s actions constituted a serious lease violation and whether they shall be evicted.
If after you serve the tenant their notice to vacate they become agitated, aggressive, or hostile:
- You should contact the police to address this issue and
- Consider filing a petition for a protective order. If this order is approved, the tenant will be required to vacate the premises.
While the protective order requires them to vacate, you should still proceed with the eviction to get a permanent order of removal and be awarded any back-owed rent.
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Ohio 3-Day Notice to Quit (Non-Compliance)
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I am a homeowner in Ohio who rents out rooms in the house where I live. One of my tenants, who is on a written and signed month-to-month lease, has already informed me they plan to move out on August 31, 2025.
However, in the early morning of June 28, 2025, around 2:50 a.m., this tenant opened the door to my private bedroom while I was asleep, without permission. I consider this a serious violation of my privacy, safety, and peaceful enjoyment of my home.
I am attaching (or bringing) a copy of the lease for your review. The lease includes general obligations regarding respect for others and peaceful enjoyment, though it may not explicitly mention bedroom boundaries.
I would like your legal opinion on the following:
- Does this incident qualify as a material breach of the lease or a violation of Ohio Revised Code §5321.05(A)?
- Am I within my rights to issue a 3-day notice to vacate based on this behavior?
- What legal steps should I follow if the tenant does not comply with the notice?
My goal is to act lawfully while protecting my safety and the peaceful use of my home. Thank you for your guidance.
Lexi, Chatbot
I'm sorry to hear about the invasion of your privacy. Has this tenant ever exhibited similar behavior before?
Yes.
Lexi, Chatbot
Does the lease agreement specifically outline any consequences for breaching the general obligations regarding respect for others and peaceful enjoyment?
I wouldn’t say it’s explicitly written in the lease.
Lexi, Chatbot
Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with your privacy violation.
Yes.
Benjamin
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
What occurred when your tenant opened your door? Was it intentional or an accident? Has there been any other incidents of misbehavior?
Tenant opened their bedroom door, waited for a minute and slowly turned my doorknob, opened the door 1/4 of the way, looked in and then very slowly closed the door. They believed that I was asleep.
I would not consider this an accident as this tenant has their own bathroom attached to their bedroom and has lived in the house since November 2024. I do not know if there have been other instances where they entered my bedroom. Tenant has a history of being intrusive. Examples such as walking into my closed basement while I do home repairs, as well as going through my garage. Both of these areas are off-limits to tenants and have locks on them. Nothing as egregious as tonight.
Benjamin
This action would constitute a serious lease violation under Ohio Landlord Tenant law, and would authorize you to issue that 3-day notice to vacate for a serious (incurable) lease violation.
- This notice shall be in writing and handed to the tenant or posted on their door.
- I would recommend a witness to the delivery or a photo of the posting to ensure it is verifiable.
- If after the 3 days the tenant fails to vacate, then you would have a cause to go to your local court and file a petition for eviction of the tenant.
- This would then be served on the tenant by someone other than you or a service processor, and the court will set a court date for eviction.
At that hearing, the court will decide if the tenant’s actions constituted a serious lease violation and whether they shall be evicted.
If after you serve the tenant their notice to vacate they become agitated, aggressive, or hostile:
- You should contact the police to address this issue and
- Consider filing a petition for a protective order. If this order is approved, the tenant will be required to vacate the premises.
While the protective order requires them to vacate, you should still proceed with the eviction to get a permanent order of removal and be awarded any back-owed rent.
Thank you.
Benjamin
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