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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102601
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Q: My landlord served me with a 3 day notice on Sunday

Customer Question

Q: My landlord served me with a 3 day notice on Sunday August 2nd 2015. experation date is the 5th is 3 day notice?
I live in Ohio I'm told Sunday's don't count when serving a notice. But the experation date on the notice says Wednesday instead of Thursday. They also included late fees. I would like to know if the notice is defective and whether I can ask for a new one?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.

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I am sorry to hear about this situation. The landlord cannot count the day the notice was served, nor can they count weekends or legal holidays.

Thus, if the notice was served on Sunday, the three days actually began to count from Monday, arguably.

However, the notice is not defective arguably, simply because of the miscalculation of the date. Or rather, it is presumed valid. The landlord would then file a claim and argue that it was filed timely. Then someone in your situation may or may not get a few more days after the first hearing if the Judge agrees that the notice was one day short, however, this is at the discretion of the Judge. I would not gamble on the Court dismissing any eviction outright.

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