[OH] [OH] When evicting a tenant, do I need to post an affidavit of service?
Hello, when I post the 3 day notice to vacate the premises on the property, do I also need to post the affidavit of service?
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No, you do not need to post the affidavit of service. In Ohio per (§ 1923.04(A)), an affidavit of service can be given in any of the following methods:
- Certified mail (return receipt requested)
- Handing a written copy to the tenant
- Leaving at the defendant's residence (posted)
It must also contain the following language, "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." (Noble County Court - FAQs)
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Hello, when I post the 3 day notice to vacate the premises on the property, do I also need to post the affidavit of service?
Lexi, Chatbot
I understand the importance of ensuring proper notice when dealing with tenant issues. Have you already served the 3-day notice to vacate on the tenant?
No, I’m going to do that today.
Lexi, Chatbot
Are you looking to include the affidavit of service as an additional document along with the notice?
Am I required to do so?
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with notice.
No.
Dan
Thank you for using AskaLawyer. My name is Dan and I am happy to help.
Dan
No, you do not need to post the affidavit of service. In Ohio per (§ 1923.04(A)), an affidavit of service can be given in any of the following methods:
- Certified mail (return receipt requested)
- Handing a written copy to the tenant
- Leaving at the defendant's residence (posted)
It must also contain the following language, "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." (Noble County Court - FAQs)
Okay, I read that I can only post the 3 day notice after the tenant is 30 days late. Is that correct? To clarify, the lease states I’m allowed to move forward with eviction after 15 days late
The property is located in Akron, ohio
Dan
Yes; that is correct.
Also, the lease states that the electric utility bill must be passed over to her name a month ago. But it’s still under my name. Would it look bad if I disconnected the service now and forced her to put it under her name now?
Dan
Yes, absolutely do not turn off service.
Even though it states that it is her responsibility to have it under her name? Why am I not allowed to disconnect if it is her responsibility?
Dan
Because you are the landlord and there is no eviction.
I don’t understand by, “and there is no eviction”? Can you please explain that
Dan
There is no eviction entered through the court.
It’s not proper to turn off the power.
Dan
Is there anything else I can help with?
Dan
If there is nothing else I can help you with, I wish you the best and I was happy to be able to help you.
Dan
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