We would like to provide you with an important update regarding the recent December 5, 2019 decision of the Eighth District Court of Appeals involving the preparation of 3-day notices. You can review a copy of the case here.

Please be advised that this decision will have a direct effect on your preparation and handling of 3-day notices moving forward.

In DeCarlo (UMH OH Buckeye 11, LLC v. Decarlo, 8th Dist. Cuyahoga No. 108912, 2019-Ohi04986), the Court held that a proper 3-day notice must include the name of the party that ultimately commences the eviction action. In other words, the name on the 3-day notice must mirror the name of the plaintiff on the complaint. If the 3-day notice does not clearly contain the plaintiffs name, the court will find the notice was not properly served and it will lack the proper jurisdiction and authority to continue with the matter.

In accordance with the foregoing decision, effectively immediately, our office will use the exact name listed on the 3-day notice provided as the named plaintiff on the eviction complaint. As a result, please ensure that the name on the 3-day notice is the name of the party you wish to be listed as the plaintiff in the eviction action.

Please understand that our office will not be responsible for any discrepancies moving forward for failure to comply with the foregoing.

Your prompt attention to this matter is greatly appreciated. Please feel free to contact us with any questions or concerns.

We value your business and look forward to serving your continued legal needs.