ORC 5321.17:
Obligates the landlord to provide a tenant with
a thirty (30) day notice to terminate a month-to-month tenancy.
When there is a written rental agreement that establishes the
tenancy terminates on a specific date, the landlord can not
choose to terminate the tenancy before that date. The landlord
may not, therefore, refuse rent when it's offered, in full and on
the day which it is due, in order to create a "non-payment"
situation.
When a tenant offers their rent late, even by one day, the landlord may refuse to accept the rent and begin eviction pro ceedings. If there is a pattern and practice of the landlord accepting rent after the regular rental due date, the landlord has then acted to modify the rental agreement. The landlord would need to provide proper notice that late rent will no longer be accepted, in order for original rental due date to be the legally enforceable rental due date.
Therefore, A landlord does not have the option of telling a tenant on the first of the month to keep their money and then serve the tenant with a three-day notice to vacate for non- payment. The landlord must first give proper notice before terminating the rental agreement. When the rental agreement is terminated, if the tenant has not moved-out, then the landlord may proceed with a three-day notice to vacate in order to begin the eviction process.
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