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3 day notice

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3 day notice

Postby dabele » Sun Aug 06, 2006 6:55 pm

On a 3 day notice to leave premises in Ohio, I was understanding that it was 3 business days and can not include Sat & Sun. Does anyone know if this is correct?
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Postby Anna » Sun Aug 06, 2006 11:07 pm

Here in NY, LL must make a 3- or 5-day demand for rent, if T does not pay, LL can commence eviction proceeding. This time includes both Sat & Sun, even tho it is impossible to pay most LLs on those days because their offices are closed.
After Petition is served & filed, T has 5 days to respond in court: this does NOT include Sat or Sun because the courts are closed [if day 5 lands on them, it is extended to Mon].
So: in both situations, it is impossible to fulfill the requirement on Sat/Sun, but one includes them & the other doesn't!!
[the general ruel of legal construction here is that time includes Sat/SunHol unless the law/rule specificallly qualifies the time as 'business days' e.g.

Couldn't decipher Ohio laws w/o experience, but here's something of interest:
To bring an eviction action, the landlord must first serve a 3-day notice to vacate the premises in person, by mail, or at the premises. If the tenant does not move within the 3-day period, then the landlord must file an action in Forcible Entry and Detainer at the court in the city where the property is located. The Court will schedule a hearing and the tenant will receive a summons and complaint at least 5 days before the hearing.
http://tenant.net/Other_Areas/Ohio/cto/ ... revic.html

If the answer is not on their website, contact them: http://www.clevelandtenants.org/

Or find your courthouse website: http://www.sconet.state.oh.us/Web_Sites/courts/
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