Ohio Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant

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US-00895BG
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Description

A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.

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FAQ

If you have a month-to-month lease, your landlord usually has to give you notice at least 30 days before the date they want the lease to end. For example, if your landlord wants your lease to end on Oct. 31, they must give you notice by Oct. 1.

Without a written lease, the landlord or the tenant may end a week-to-week tenancy by giving the other party at least seven days' notice before the termination date. Either party may end a month-to-month tenancy by notifying the other party of the intent not to renew the tenancy.

(A) 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 ...

RETALIATORY EVICTION ? A Landlord cannot retaliate against a tenant by increasing rent or decreasing services, or evict the tenant from the premises because: The tenant has made a compliant to the appropriate City or County department about conditions in the apartment or rental unit which might not be in compliance ...

A tenancy at will lasts until either party elects to terminate the tenancy. This can be done either expressly or impliedly. A tenancy at sufferance refers to the tenant who has held over after the expiration of the lease.

Depending on the reason for the eviction, the Ohio eviction notice may be 3-days or 30-days. For nonpayment of rent or in cases where the landlord has knowledge of a search warrant executed against the tenant or a person living on the property for illegal drug activity, the notice is 3-days.

TERMINATION OF TENANCY - If you are a month-to-month tenant, either you or the landlord may end your tenancy by giving the other at least 30 days prior notice. If you are a week-to-week tenant, either you or your landlord may end your tenancy by giving the other at least seven days prior notice.

Ohio Revised Code Section 5321.17 states that either the landlord or the tenant may terminate a month to month tenancy by giving 30 days notice to the other party.

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Ohio Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant