+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 20
  1. #1
    slreno is offline Member
    Join Date
    Nov 2007
    Posts
    87

    3 day notice on a weekend

    What is the name of your state (only U.S. law)? ohio

    we have fell behind in rent and have been served a 3 day notice to leave. i have been reading and ohio law states that the 3 day notice cannot include a weekend as one of the eviction days.. does this make the 3 day notice void? or does it just mean the landlord cant file in court till after the weekend or does it mean he has to re serve the 3 day notice again when it dont fall on a weekend day?
    we are not trying to screw him out of his money ... we just need another week and we will have his money but he is such a jerk he will not wait.
    thanks.
  2. #2
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,874
    if the law is as you say, the 3 day notice is 3 business days. That means you have 3 business days. If the weekend in within the 3 days, you don't count them but start again counting Monday.

    So, if you were served on Thursday, you have until the end of Tuesday to cure or quit.
  3. #3
    atomizer is offline Senior Member
    Join Date
    Dec 2009
    Posts
    1,626
    The landlord is not accepting your verbal promise to pay because he has to protect his interest. It is very common for tenants to promise on a certain date and then come up with an excuse as to why the check will not be coming. Some have been know to drag the waiting game for months. Don't take it personal, if you produce the check before the due notice, then there is nothing to be concerned about. Otherwise, the LL is entitled to start a formal eviction anytime thereafter. Any delay will be his decision, not yours.
  4. #4
    slreno is offline Member
    Join Date
    Nov 2007
    Posts
    87
    Quote Originally Posted by justalayman View Post
    if the law is as you say, the 3 day notice is 3 business days. That means you have 3 business days. If the weekend in within the 3 days, you don't count them but start again counting Monday.

    So, if you were served on Thursday, you have until the end of Tuesday to cure or quit.
    ok so if i got served on a wednesday and he filed in court on monday since the weekend dont count and neither does the day it was served, then i could actually file for a dismissal on the grounds of improperly served 3 day notice and win the dismissal
  5. #5
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    52,829
    Quote Originally Posted by slreno View Post
    ok so if i got served on a wednesday and he filed in court on monday since the weekend dont count and neither does the day it was served, then i could actually file for a dismissal on the grounds of improperly served 3 day notice and win the dismissal
    Possibly...but heck, all he's got to do is, at court, serve you ANOTHER 3 day notice and you'll be back in court within a week. Why not just quit playing games?
  6. #6
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,874

    then i could actually file for a dismissal on the grounds of improperly served 3 day notice and win the dismissal
    How do you get that? You would not have been served for the eviction until after the 3 days had expired so you have your full 3 days to cure or quit.

    plus, I have not researched the laws well either. Ohio may accept the day of service as one of the 3 days.
  7. #7
    slreno is offline Member
    Join Date
    Nov 2007
    Posts
    87
    Quote Originally Posted by justalayman View Post
    How do you get that? You would not have been served for the eviction until after the 3 days had expired so you have your full 3 days to cure or quit.

    plus, I have not researched the laws well either. Ohio may accept the day of service as one of the 3 days.
    from what i read he has to wait the full 3 days before he can file in court.. by doing it monday he is not giving a full 3 days (not counting weekends or holidays or the day it was served.) thats how i get that.
  8. #8
    Banned_Princess is offline Senior Member
    Join Date
    Jul 2009
    Location
    New York. Long Island.
    Posts
    7,711
    Quote Originally Posted by slreno View Post
    from what i read he has to wait the full 3 days before he can file in court.. by doing it monday he is not giving a full 3 days (not counting weekends or holidays or the day it was served.) thats how i get that.
    Today is monday, did you get served the court papers?

    Quit trying to figure this out, and figure out where you are going to go when the sheriff's come.
  9. #9
    onehotmom is offline Member
    Join Date
    Jun 2008
    Posts
    40
    Quote Originally Posted by slreno View Post

    but he is such a jerk he will not wait.
    thanks.
    But at least you know he's not a bank!!
  10. #10
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,874
    Quote Originally Posted by slreno View Post
    from what i read he has to wait the full 3 days before he can file in court.. by doing it monday he is not giving a full 3 days (not counting weekends or holidays or the day it was served.) thats how i get that.
    so take the shot in court. You might prevail. At worst, you lose and you only have 10 more days to deal with this lousy landlord.

    but again, if you were not served on Monday, you had 3 full days to act.
  11. #11
    slreno is offline Member
    Join Date
    Nov 2007
    Posts
    87
    you guys sound like landlords?
    just to clarify, i am not trying to take this man for any money. if he wants me out i will move but what he said to me really got under my skin and if i can prolong this i will! i paid him 2 MONTHS deposit when i moved in. and i am only 2 weeks behind as of rite now. told him i could [pay this coming friday and he said "i cant wait that long i am filing now and what am i supposed to do if you dont pay your deposit needs to cover the next full month until i find a renter!) that is crap. my deposit is not to cover his financial situation while he finds a renter.

    if i only paid 1 month deposit i could understand his quick actions to remove me but he has 2 full months deposit. what would he do if i did not want to renew the lease and gave him a 30 day notice when the lease is up. that deposit is suppose to come back to me, not cover his financial situation while he finds a renter.
    by the way i only have 2 months left on lease i think thats why he dont want to wait so he can pocket the deposit because of a broken l;ease and my deposit can cover his finances while he finds a renter. thats what it boils down to. so your coming down on me when this guy is the crook.

    thought this was an advise forum anyway, not a place judgment forum?
  12. #12
    slreno is offline Member
    Join Date
    Nov 2007
    Posts
    87
    Quote Originally Posted by atomizer View Post
    The landlord is not accepting your verbal promise to pay because he has to protect his interest. It is very common for tenants to promise on a certain date and then come up with an excuse as to why the check will not be coming. Some have been know to drag the waiting game for months. Don't take it personal, if you produce the check before the due notice, then there is nothing to be concerned about. Otherwise, the LL is entitled to start a formal eviction anytime thereafter. Any delay will be his decision, not yours.
    and you said the exact words i was looking for. "formal eviction anytime there after"
    that is correct but he didnt wait until there after. he actually filed on the 3rd day and didnt give us a full 3 days as the law states.
  13. #13
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    52,829
    Again, even if you are correct in your interpretation of the law, you are only delaying the inevitable by a few days.

    Stop playing games and stop blaming the LL because YOU haven't lived up to the agreement that you signed.

    And, to be clear, I'm not a LL.
  14. #14
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,874
    nor am I a LL. I don't think I could be a LL. The bodies would stack up faster than I could bury them.

    i am only 2 weeks behind as of rite now.
    Only 2 weeks. That's half a month but regardless, late is late and if you cannot remedy the 3 day notice, he has a right to boot ya. It is simple business.

    my deposit is not to cover his financial situation while he finds a renter.
    well, that all depends. Sometimes it is exactly what your deposit is for. When you go to court, make sure he either can or cannot retain the deposit. In some states, when you evict a tenant, you do not have the right to claim for damages for the vacancy which is what he is talking about.

    If you had terminated the lease, the deposit most definitely would be usable for the damages he would incur due to the vacancy, as well as advertising expenses to rent the apartment.

    he actually filed on the 3rd day and didnt give us a full 3 days as the law states.
    and again, unless you were served before the 3 days had run, you were given 3 full days to cure the breach.

    Please explain how you had less than 3 full days to cure the breach? Maybe I can't count but I'm just not seeing what you are.
  15. #15
    slreno is offline Member
    Join Date
    Nov 2007
    Posts
    87
    Quote Originally Posted by justalayman View Post
    nor am I a LL. I don't think I could be a LL. The bodies would stack up faster than I could bury them.

    Only 2 weeks. That's half a month but regardless, late is late and if you cannot remedy the 3 day notice, he has a right to boot ya. It is simple business.

    well, that all depends. Sometimes it is exactly what your deposit is for. When you go to court, make sure he either can or cannot retain the deposit. In some states, when you evict a tenant, you do not have the right to claim for damages for the vacancy which is what he is talking about.

    If you had terminated the lease, the deposit most definitely would be usable for the damages he would incur due to the vacancy, as well as advertising expenses to rent the apartment.

    and again, unless you were served before the 3 days had run, you were given 3 full days to cure the breach.

    Please explain how you had less than 3 full days to cure the breach? Maybe I can't count but I'm just not seeing what you are.

    he is telling me he will not take any money at this point.. and by the ohio revised code i had until the end of today to pay him BEFORE he could file in court.. he has already filed for formal eviction in court today and the day 3rd legal day is not even over yet.

    heres the breakdown.
    served a 3day notice wednesday afternoon 5/12/2010. (that day didnt count in ohio)
    thursday and friday ===2 days
    sat and sunday dont count in ohio
    monday 3rd day 5/17/2010.. day is not over yet and he has already filed in court.
    Last edited by slreno; 05-17-2010 at 03:51 PM.

Similar Threads

  1. Replies: 6
    Last Post: 05-04-2011, 09:48 PM
  2. Entry notice for every day, even weekend - legal?
    By ybfaluhelp in forum Landlord / Tenant Issues
    Replies: 16
    Last Post: 03-10-2011, 03:33 PM
  3. Is one weekend overnight considered a weekend?
    By noncustodial777 in forum Child Custody & Visitation
    Replies: 4
    Last Post: 04-04-2010, 10:13 PM
  4. Parenting Time Weekend vs Holiday Weekend
    By lzurinsky in forum Child Custody & Visitation
    Replies: 2
    Last Post: 09-19-2008, 04:33 PM
  5. mobile home owner eviction notice for weekend guests
    By ryanpsu77 in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 09-23-2007, 12:01 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.