3 day notice on a weekend

[justalayman]

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.

so, pay him today and he will have to stop the proceedings.



I have found nothing the prevents the LL from filing before he expiration of the time, only that you must be given 3 days to remedy. If you are not served prior to the expiration of the 3 days, you have had 3 days to remedy the failure to pay.

do you have a citation from the ORC that would state he cannot file before the 3 days have expired?

 

[slreno]

there is no revised code stating this, but there a case law that refers to it and it was upheld at a ohio appellate court and it is case Midtown Apts. v. Davis, 1985 Ohio App...
so it would seem if the court of appeals would uphold the decision that weekends and holidays and the day it was served do not count then the county court will follow the case law for that case?
maybe i am wrong.

 

[justalayman]

there is no revised code stating this, but there a case law that refers to it and it was upheld at a ohio appellate court and it is case Midtown Apts. v. Davis, 1985 Ohio App...
so it would seem if the court of appeals would uphold the decision that weekends and holidays and the day it was served do not count then the county court will follow the case law for that case?
maybe i am wrong.

the why would you post this:

and by the ohio revised code i had until the end of today to pay him BEFORE he could file in court.

so argue you point in court. Let the judge decide. If the judge agrees with you, the LL will have to refile and you will have gained 3 days. If not, the eviction continues.

I cannot seem to find that case online to read.

 

[harris2010]

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.

So what is the big deal IF you pay him in a week like you said you will? You ARE still planning to pay in full including any fees right? Whether he filed on Monday or Tueday it would not change anything since you are going to pay in full. Depending on your county the court date is approximentaly 2 weeks after the filing date. Acorrding to you he will be paid by then and the eviction process will stop. No worries right?

Now if you do not plan on paying then that is a different story.

 

[justalayman]

So what is the big deal IF you pay him in a week like you said you will? You ARE still planning to pay in full including any fees right? Whether he filed on Monday or Tueday it would not change anything since you are going to pay in full. Depending on your county the court date is approximentaly 2 weeks after the filing date. Acorrding to you he will be paid by then and the eviction process will stop. No worries right?

Now if you do not plan on paying then that is a different story.

nope. once the 3 days passes, tenant has no right to cure. Playing this game might get him to Friday so he can pay, if the judge agrees with him.