Ohio 3-day notice to leave the premises (ORC 1923.04)

Last checked: October 15, 2026

Before an Ohio landlord can file an eviction, the law requires a written notice to leave the premises. People call it the 3-day notice. This page explains what the statute says. It is not a template, and it does not replace the official court form.

What the statute requires

Ohio Revised Code 1923.04(A) says that before a party can begin an action under Chapter 1923 (forcible entry and detainer), the party must notify the adverse party to leave the premises. The notice must be given at least three days before the action starts.

Delivery methods

The statute lists three ways to give the notice:

1. By certified mail, return receipt requested.
2. By handing a copy to the defendant in person.
3. By leaving a copy at the defendant's usual place of abode or at the premises.

Whichever you use, keep proof: the certified mail receipt, or a written record of who delivered it, when and where. Franklin County requires you to attach a copy of the notice that was served to your complaint.

Required wording for residential premises

When a landlord is seeking to recover residential premises, section 1923.04(A) says the notice must include the following language in a conspicuous manner. These are the three statements as they appear on codes.ohio.gov:

"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."

The Franklin County clerk's instructions repeat this language and say it must appear "boldly and conspicuously." That is the court's wording of the rule, so make it stand out on the page rather than burying it in small print.

Timing: three days before filing

The notice must be given at least three days before the action starts. Franklin County Municipal Court's guidance says to serve the notice at least three days before filing the complaint and recommends allowing three business days. Counting rules can be tricky, especially with mail, so many landlords give extra time. Check with the clerk or an attorney if you are close to the line.

When the statute lets another notice do the job

Section 1923.04(B) says that service of a notice under R.C. 5313.06, or the notice required by R.C. 5321.17(C), satisfies the requirement in division (A). Section 5321.17(C) covers a landlord who ends a tenancy because of certain drug-related conduct. That notice must state that the tenancy ends three days after the notice is given. Section 1923.04(C) adds special mailing rules when a deceased manufactured home park resident is the defendant. Those are narrow situations, so a typical small landlord will use the standard notice described above.

Common mistakes

These come from what the statute and the Franklin County clerk's materials require. They are not a complete list.

• Leaving out the required wording. The three statements in 1923.04(A) must be in the notice and must be conspicuous.
• Filing too soon. The notice must be given at least three days before the action. The court recommends three business days.
• Not attaching the notice. In Franklin County the clerk's filing list includes a copy of the notice served on the tenant.
• Using a form that does not match the law. The clerk says it is the filing party's responsibility to make sure forms comply with R.C. 1923.04 and 1923.05.
• Wrong or incomplete addresses. The clerk requires a complete address, including street designation, unit number and ZIP code, for the property and the service location in the complaint.
• Filing without the right person signing. In Franklin County only the deeded owner may file without an attorney. Property managers, LLCs, corporations and trusts need an attorney.
• Treating the notice as the eviction. It is only the first step. If the tenant stays, a court case, a judgment and a writ of restitution still have to follow, and in Franklin County the removal itself is supervised by court bailiffs.

What comes next

If the tenant does not leave, the next step is the complaint under ORC 1923.05, then a hearing and, if you win, a writ of restitution. The full sequence with Franklin County fees and timing is in our Ohio eviction process guide. If the tenant does move out, the clock starts on the deposit: see Ohio security deposit rules.

Official forms

The Franklin County Municipal Court posts a Notice to Leave Premises form on its Court Forms page. Other counties have their own court pages. We link to the court rather than reproducing any form here.