Ohio 3-Day Notice, the 'You Are Being Asked to Leave' Verbatim Rule (ORC 1923.04)
Ohio is one of the few US states that requires verbatim statutory language on the eviction notice. ORC 1923.04 demands the phrase "you are being asked to leave the premises" on every notice that precedes a Forcible Entry and Detainer (FED) action. Notices that omit, paraphrase, or modify the language are defective and the FED complaint will be dismissed.
Nothing here is legal advice. It is a plain-English breakdown of ORC 1923.04 with citations.
ORC 1923.04(A) requires the landlord to give the tenant a written notice to leave at least 3 calendar days before filing a Forcible Entry and Detainer (FED) complaint. The notice must include the verbatim statutory language quoted below.
The 3-day rule applies to all FED actions, not just non-payment of rent. Lease violations, holdover after lease end, nuisance, and any other ground for FED requires the same 3-day notice with the same verbatim language.
The notice must include this exact language, set out separately from the rest of the notice:
> "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."
This is reproduced from ORC 1923.04(A). The exact wording must appear, in capitals or boldface preferred but not required, on the same page as the demand for possession.
## What counts as proper inclusion
To be valid, the language must: - Appear in the notice document (not in a separate cover letter). - Be readable (not in 4-point font, not partially obscured). - Be unaltered (no paraphrase, no shortening, no addition of explanatory text inside the quoted block). - Be in English (Ohio law does not require translation, but adding a translation alongside the English version does not invalidate the notice).
Including the language as a footer or prefatory paragraph is acceptable as long as it is in the notice document. Most Ohio attorneys put it at the top, in boldface, as a header above the demand for possession.
A notice missing or modifying the language is defective. The FED complaint filed on a defective notice will be dismissed in Ohio Municipal Court.
What "missing or modifying" looks like in practice: - The notice says "you must vacate" instead of the statutory "you are being asked to leave the premises." - The notice paraphrases the second sentence as "we will sue you" instead of the statutory "an eviction action may be initiated against you." - The notice omits the third sentence about seeking legal assistance. - The notice puts the language in a tiny footnote or on the back page.
In each case, the Municipal Court will dismiss the FED. The landlord must serve a corrected notice and wait another 3 days before refiling.
This is the single most-missed Ohio rule by out-of-state landlords using generic eviction notice templates.
ORC 1923.04(C) and 1923.04(D) detail service methods. A landlord may serve the 3-day notice by:
- Personal service (handing the notice directly to the tenant).
- Posting (affixing the notice to a conspicuous part of the premises, typically the front door, if personal service is unsuccessful).
- Certified mail (return receipt requested).
If the landlord uses posting, the notice is considered served on the date it is affixed. If the landlord uses certified mail, service is the date of delivery (or the third attempt if refused).
The 3-day count starts on the day after service.
After the 3 calendar days expire without the tenant vacating (or curing the breach if the notice allowed cure), the landlord may file a Complaint in Forcible Entry and Detainer in the Municipal Court of the property's jurisdiction. Filing fee is typically $80 to $130.
The court schedules a hearing within 7 to 30 days. If the landlord prevails, the court issues a writ of restitution, and the bailiff schedules a set-out within 7 to 14 days.
Total timeline from notice to set-out: typically 30 to 45 days for uncontested cases.
Omitting the language. The single most common mistake. Generic out-of-state eviction notice templates do not include the Ohio-specific language. Filing on these notices guarantees dismissal.
Paraphrasing the language. The second most common mistake. Ohio Municipal Courts strictly enforce verbatim. "You are being requested to vacate" is not "you are being asked to leave the premises."
Counting business days instead of calendar days. The 3 days are calendar days, including weekends and holidays. So a notice served on Friday gives the tenant until Monday end-of-day.
Filing FED before 3 days expire. A complaint filed 1 or 2 days after notice service is dismissed even if the language is correct.
Combining the 3-day notice with the FED complaint as one document. The notice and the complaint are separate documents. The notice must be served, then 3 days must pass, then the complaint may be filed.
Why does Ohio require the verbatim language? The Ohio General Assembly added the requirement to ensure tenants understand their right to seek legal counsel before being evicted. The verbatim rule is strictly enforced.
Does the language have to be in capitals or bold? Not strictly. ORC 1923.04 does not specify formatting. But it must be readable. Capital letters or bold formatting is best practice.
Can I add other warnings or explanations to the notice? You can add additional content, but you cannot modify the statutory language inside the quoted block. Add it as separate paragraphs.
What if I serve the notice but the tenant pays before 3 days expire? For non-payment notices, payment in full within 3 days cures the breach and the FED cannot be filed.
Does the 3-day rule apply to commercial tenants? ORC 1923.04 applies broadly. Commercial FED notices typically follow the same 3-day rule with the statutory language, although some commercial leases waive the notice (which the Forcible Entry and Detainer statute permits in commercial settings, not residential).
Can I use a 30-day notice instead? For periodic tenancies (month-to-month), the 30-day termination notice under ORC 5321.17 ends the tenancy, but the 3-day notice with the verbatim language is still required before the FED.
If you need an Ohio 3-day pay-or-quit notice with the verbatim ORC 1923.04 language pre-formatted in boldface header, our team's Ohio notice to quit at leasekit.io/templates/ohio-eviction-notice covers it for $29 one-time. The full Ohio residential lease at leasekit.io/templates/ohio-residential-lease bundles the 3-day notice template with ORC 5321 lease terms.