30 Day Notice to Terminate Month to Month Lease - Residential from Landlord to Tenant
The statutes below establish the requirements for termination
of leases.
Termination of periodic tenancies.
(A) 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.
(B) 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.
(C) If a tenant violates division (A)(9)
of section 5321.05 of the Revised Code and if the landlord has actual knowledge
of or has reasonable cause to believe that the tenant, any person in the
tenant's household, or any person on the residential premises with the
consent of the tenant previously has or presently is engaged in a violation
as described in division (A)(6)(a)(i) of section 1923.02 of the Revised
Code, the landlord shall terminate the week-to-week tenancy, month-to-month
tenancy, or other rental agreement with the tenant by giving a notice of
termination to the tenant in accordance with this division. The notice
shall specify that the tenancy or other rental agreement is terminated
three days after the giving of the notice, and the landlord may give the
notice whether or not the tenant or other person has been charged with,
has pleaded guilty to or been convicted of, or has been determined to be
a delinquent child for an act that, if committed by an adult, would be
a violation as described in division (A)(6)(a)(i) of section 1923.02 of
the Revised Code. If the tenant fails to vacate the premises within three
days after the giving of that notice, then the landlord promptly shall
comply with division (A)(9) of section 5321.04 of the Revised Code. For
purposes of this division, actual knowledge or reasonable cause to believe
as described in this division shall be determined in accordance with division
(A)(6)(a)(i) of section 1923.02 of the Revised Code.
(D) This section does not apply to a termination
based on the breach of a condition of a rental agreement or the breach
of a duty and obligation imposed by law, except that it does apply to a
breach of the obligation imposed upon a tenant by division (A)(9) of section
5321.05 of the Revised Code. Title 53, Chap. 5321, § 5321.17
See provisions, § 6 of SB 258 (143
v --) following RC § 5321.01.