Ohio eviction notice and late fee rules

Notice for unpaid rent

3 days — Before filing a forcible entry and detainer action, the landlord must notify the tenant to leave the premises three or more days before beginning the action.

Ending a month-to-month tenancy

Either party may end a month-to-month tenancy by notice given at least thirty days before the periodic rental date, except as provided in division (C).

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

What we could not verify for Ohio: No Ohio Revised Code late-fee cap or grace period found (ch. 5321 reviewed); no statewide just-cause requirement. No statutory cure right for nonpayment in ch. 1923/5321 sections reviewed.

Notice for unpaid rent

Before filing a forcible entry and detainer action, the landlord must notify the tenant to leave the premises three or more days before beginning the action.

“a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action”
Ohio Rev. Code § 1923.04(A)

A tenant under an oral tenancy who defaults in rent forfeits the right of occupancy, and the landlord may terminate the tenancy by notice under § 1923.04 and then bring an action.

“If a tenant or manufactured home park resident holding under an oral tenancy is in default in the payment of rent, the tenant or resident forfeits the right of occupancy, and the landlord may, at the landlord's option, terminate the tenancy by notifying the tenant or resident, as provided in section 1923.04 of the Revised Code, to leave the premises, for the restitution of which an action may then be brought under this chapter.”
Ohio Rev. Code § 1923.02(B)

Notice for other lease violations

If a tenant fails to meet a § 5321.05 obligation that materially affects health and safety (other than division (A)(9)), the landlord may give written notice specifying the noncompliance and a termination date not less than thirty days after receipt; if the tenant does not remedy the condition, the agreement ends as stated.

“the landlord may deliver a written notice of this fact to the tenant specifying the act or omission that constitutes noncompliance with the pertinent obligations and specifying that the rental agreement will terminate upon a date specified in the notice, not less than thirty days after receipt of the notice. If the tenant fails to remedy the condition specified in the notice, the rental agreement shall terminate as provided in the notice.”
Ohio Rev. Code § 5321.11

Ending a month-to-month or other periodic tenancy

Either party may end a month-to-month tenancy by notice given at least thirty days before the periodic rental date, except as provided in division (C).

“Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.”
Ohio Rev. Code § 5321.17(B)

Either party may end a week-to-week tenancy by notice given at least seven days before the termination date in the notice, except as provided in division (C).

“Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified in the notice.”
Ohio Rev. Code § 5321.17(A)

Lockouts and utility shutoffs

A residential landlord may not terminate utilities or services, exclude the tenant from the premises, or threaten any unlawful act to recover possession, other than as provided in Chapters 1923, 5303, and 5321.

“No landlord of residential premises shall initiate any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated, for the purpose of recovering possession of residential premises, other than as provided in Chapters 1923., 5303., and 5321. of the Revised Code.”
Ohio Rev. Code § 5321.15(A)

A landlord who violates § 5321.15 is liable in a civil action for all damages caused to the tenant, plus reasonable attorney's fees.

“A landlord who violates this section is liable in a civil action for all damages caused to a tenant, or to a tenant whose right to possession has terminated, together with reasonable attorneys fees.”
Ohio Rev. Code § 5321.15(C)

Retaliation

Subject to § 5321.03, a landlord may not raise rent, decrease services, or bring or threaten an action for possession because the tenant complained to a government agency of a code violation materially affecting health and safety, complained to the landlord of a § 5321.04 violation, or joined other tenants to negotiate collectively.

“Subject to section 5321.03 of the Revised Code, a landlord may not retaliate against a tenant by increasing the tenant's rent, decreasing services that are due to the tenant, or bringing or threatening to bring an action for possession of the tenant's premises because:”
Ohio Rev. Code § 5321.02(A)

A tenant facing retaliation may use it as a defense to a possession action, recover possession, or terminate the rental agreement, and may recover actual damages and reasonable attorney's fees.

“(1) Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises; (2) Recover possession of the premises; or (3) Terminate the rental agreement. In addition, the tenant may recover from the landlord any actual damages together with reasonable attorneys' fees.”
Ohio Rev. Code § 5321.02(B)

What the notice must say and how it is delivered

The notice to leave may be delivered by certified mail, return receipt requested; by handing a written copy to the tenant in person; or by leaving it at the tenant's usual place of abode or at the premises.

“by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant's usual place of abode or at the premises from which the defendant is sought to be evicted.”
Ohio Rev. Code § 1923.04(A)

Every notice by a landlord to recover residential premises must contain specified language, printed or written conspicuously.

“Every notice given under this section by a landlord to recover residential premises shall contain the following language printed or written in a conspicuous manner: "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."”
Ohio Rev. Code § 1923.04(A)

Court deadlines and the eviction case

The summons in a forcible entry and detainer action must be served at least seven days before the day set for trial.

“Such service shall be at least seven days before the day set for trial.”
Ohio Rev. Code § 1923.06(A)

Answer day for claims filed together with the claim for possession is twenty-eight days from the date service is deemed complete.

“Answer day for any other claims filed with the claim for possession shall be twenty-eight days from the date service is deemed complete under this section.”
Ohio Rev. Code § 1923.06

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Ohio rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Ohio have to give for unpaid rent?

Before filing a forcible entry and detainer action, the landlord must notify the tenant to leave the premises three or more days before beginning the action. (Ohio Rev. Code § 1923.04(A)).

How much notice is needed to end a month-to-month tenancy in Ohio?

Either party may end a month-to-month tenancy by notice given at least thirty days before the periodic rental date, except as provided in division (C). (Ohio Rev. Code § 5321.17(B)).