[OH] [OH] Can I serve a 3-day notice to quit to a tenant who refuses to pay rent?
I have a tenant that has been late on her rent every month since September. We gave her written notice to pay the rent in full through April and to be out by May 31. She has not paid, refuses to communicate, is hostile, and refuses entry to the premises. Am I right to serve her with a 3-day quit notice?
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Given the current situation—especially the tenant’s failure to pay April’s rent despite your earlier communication—it seems you're right to consider serving a 3-day notice to vacate as the next appropriate step.
In Ohio, even if your lease doesn’t specifically address late rent or eviction procedures, state law provides a structure for dealing with non-payment. Paying rent on time is a basic responsibility under any rental agreement, and when a tenant doesn’t meet that obligation, it gives you the legal right to begin eviction.
A 3-day notice to vacate, officially called a “three-day notice to leave the premises,” is the standard first step in that process when rent goes unpaid. (§ 1923.04(A))
Your earlier message—telling the tenant to pay April rent and vacate by May 31, while not charging rent for May—was more of a goodwill effort. However, by failing to pay April rent, the tenant has created a more immediate breach of the lease.
While the primary legal reason for eviction is the missed rent, the tenant’s hostile behavior, refusal to communicate, and refusal to allow access for necessary repairs only worsen the situation. These additional issues support the need for formal legal action.
If you proceed with the 3-day notice, make sure to follow Ohio’s specific legal requirements. (§ 1923.06(B)) The notice must contain the correct statutory language and be properly delivered—usually in person or by certified mail. You can find details about this on the Ohio legislature’s website or through trusted legal resources.
Given the tenant’s difficult behavior and the legal complexity, you may want to consult with an Ohio landlord-tenant attorney. They can ensure your notice is enforceable and guide you through the eviction process smoothly.
Your original offer to waive May’s rent was generous, but the tenant’s continued non-compliance has made a firmer approach necessary. Serving the 3-day notice now is the right legal step to protect your property.
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Ohio 3-Day Notice to Quit (Non-Payment of Rent)
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Good morning. I have a tenant that has been late on her rent every month since September. We gave her written notice to pay the rent in full through April and to be out by May 31. She has not paid, refuses to communicate, is hostile, and refuses entry to the premises. Am I right to serve her with a 3-day quit notice?
Lexi, Chatbot
I understand the challenges you're facing with your tenant's behavior. Have you documented all instances of late rent payments and communication attempts with the tenant?
Yes.
Lexi, Chatbot
Has the tenant violated any specific terms regarding entry to the premises in the lease agreement?
There aren't any terms in the lease. She is stating she needs 3 days' notice. We have tried to do repairs and update appliances and she refuses.
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 eviction process.
Not sure.
Jon
Hello! I'm delighted that you've chosen to contact AskALawyer for assistance. My name is Jon, and I'm here to assist you as an attorney. I understand that dealing with legal issues can be stressful and confusing. Don't worry, I'm here to help, and I hope to provide you with a solution to your problem.
What state is the property located in?
Ohio.
Jon
Okay, and you want to know what to do next if they don't leave on their own?
Yes, we gave her notice to pay through April and to be out by May 31. We were trying to help by not charging rent for May. She has now chosen to not pay April. She has been late and behind since September. Now we need her out. She’s been hostile and non-responsive.
I want to be sure I’m correct in serving a 3-day quit notice sooner than May 31.
Jon
Given the current situation—especially the tenant’s failure to pay April’s rent despite your earlier communication—it seems you're right to consider serving a 3-day notice to vacate as the next appropriate step.
In Ohio, even if your lease doesn’t specifically address late rent or eviction procedures, state law provides a structure for dealing with non-payment. Paying rent on time is a basic responsibility under any rental agreement, and when a tenant doesn’t meet that obligation, it gives you the legal right to begin eviction.
A 3-day notice to vacate, officially called a “three-day notice to leave the premises,” is the standard first step in that process when rent goes unpaid. (§ 1923.04(A))
Your earlier message—telling the tenant to pay April rent and vacate by May 31, while not charging rent for May—was more of a goodwill effort. However, by failing to pay April rent, the tenant has created a more immediate breach of the lease.
While the primary legal reason for eviction is the missed rent, the tenant’s hostile behavior, refusal to communicate, and refusal to allow access for necessary repairs only worsen the situation. These additional issues support the need for formal legal action.
If you proceed with the 3-day notice, make sure to follow Ohio’s specific legal requirements. (§ 1923.06(B)) The notice must contain the correct statutory language and be properly delivered—usually in person or by certified mail. You can find details about this on the Ohio legislature’s website or through trusted legal resources.
Given the tenant’s difficult behavior and the legal complexity, you may want to consult with an Ohio landlord-tenant attorney. They can ensure your notice is enforceable and guide you through the eviction process smoothly.
Your original offer to waive May’s rent was generous, but the tenant’s continued non-compliance has made a firmer approach necessary. Serving the 3-day notice now is the right legal step to protect your property.
Thank you.
Jon
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