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3 Day Notice Template Ohio

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What is a 3 Day Notice Template Ohio?

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Standard Operating Procedure

Registry ID: TR-3-DAY-NO

THREE-DAY NOTICE TO LEAVE PREMISES

THIS THREE-DAY NOTICE TO LEAVE PREMISES (the "Notice") is issued on this [Day] day of [Month], [Year] (the "Effective Date"), pursuant to Ohio Revised Code Section 1923.04.

1. DOCUMENT PREAMBLE & RECITALS

WHEREAS, [Landlord Name] ("Landlord") and [Tenant Name] ("Tenant") entered into a residential/commercial lease agreement dated [Lease Date] (the "Lease") concerning the real property located at [Full Property Address, including City, County, and Zip Code] (the "Premises");

WHEREAS, the Tenant is currently in default under the terms of the Lease due to the non-payment of rent or other breach of covenants;

NOW, THEREFORE, notice is hereby formally provided in accordance with the jurisdictional requirements of the State of Ohio, demanding the Tenant to vacate the Premises or remedy the default as specified herein.

2. OPERATIONAL DEFINITIONS

  1. "Default": The failure of the Tenant to perform any obligation under the Lease, including but not limited to the non-payment of rent, late fees, or utility charges.
  2. "Premises": The real property defined in the Preamble, including all appurtenances thereto.
  3. "Statutory Period": The three (3) consecutive calendar day period commencing upon the date of service of this Notice, excluding the date of service, as governed by O.R.C. § 1923.04.
  4. "Total Amount Due": The aggregate sum of [Dollar Amount] representing unpaid rent, late fees, and other charges currently in arrears.

3. SUBSTANTIVE TERMS & OBLIGATIONS

  1. Notice of Violation: The Tenant is in violation of the Lease for the following reason(s): [Specify Reason: e.g., Non-payment of rent for the month of X].
  2. Demand for Possession: The Landlord hereby demands that the Tenant vacate and surrender possession of the Premises to the Landlord within three (3) days of the receipt of this Notice.
  3. Cure Provision: If the Tenant intends to avoid further legal action, the Tenant must remit the Total Amount Due in full via [Payment Method] to the Landlord or their designated agent at [Payment Address] prior to the expiration of the Statutory Period.
  4. Acceptance of Partial Payment: No acceptance of partial payment by the Landlord shall constitute a waiver of the Landlord’s right to proceed with an Eviction Action unless explicitly agreed to in a separate, written accord signed by the Landlord.

4. DEFAULT, TERMINATION, AND REMEDIES

  1. Breach Classification: Failure to vacate the Premises or cure the Default within the Statutory Period shall constitute a material breach, authorizing the Landlord to initiate a Forcible Entry and Detainer action pursuant to Chapter 1923 of the Ohio Revised Code.
  2. Remedies: Upon expiration of the Statutory Period, the Landlord reserves the right to seek: (i) Restitution of the Premises, (ii) Damages for unpaid rent, (iii) Attorney’s fees (if provided by the Lease), and (iv) Court costs.
  3. Notice Cure Period: Notwithstanding the three-day statutory requirement for eviction, any additional grace periods for non-monetary breaches shall be governed by the Lease terms, provided said terms do not conflict with Ohio law.

5. BOILERPLATE LEGAL PROVISIONS

  1. Severability: If any provision of this Notice is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
  2. Entire Agreement: This Notice constitutes the entire communication regarding the immediate default of the Tenant and supersedes all prior verbal or written understandings.
  3. Governing Law: This Notice shall be governed by and construed in accordance with the laws of the State of Ohio.
  4. Dispute Resolution: Any litigation arising out of this Notice or the subsequent eviction proceeding shall be brought exclusively in the [Name of Court, e.g., Municipal Court] of [County Name] County, Ohio.
  5. Force Majeure: Landlord shall not be liable for any failure to perform duties hereunder due to events beyond their reasonable control, provided that the Statutory Period for notice shall not be tolled for the Tenant.

6. FORMAL EXECUTION BLOCK

LANDLORD:

Signature: ___________________________ Name: [Landlord/Agent Name] Title: [Title] Date: [Date]

ACKNOWLEDGMENT OF RECEIPT (Tenant):

Signature: ___________________________ Name: [Tenant Name] Date: [Date]

(If the Tenant refuses to sign, the Landlord or their agent shall note the method of service, e.g., "Hand delivered to Tenant," "Posted on door," or "Certified Mail" below.)

Service Method: __________________________________

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