In Ohio, once you post the three day notice in Ohio to get the eviction process rolling, you have to be careful about accepting rent from the tenant. In some parts of Ohio, you can accept past due rent and still maintain your eviction action. But in other parts of Ohio, any rent accepted by the landlord after the posting of the three day will waive the three day notice, and require the dismissal of the eviction.
What constitutes acceptance of such payments can also be tricky. If the landlord opens his mail and receives a check from the tenant, that is not acceptance so long as the landlord does not deposit the check, but rather merely holds it until the hearing date and returns the check to the tenant on the record.
But when a landlord and a tenant have an arrangement allowing the tenant to make rent deposits into the landlord's bank account, if the tenant deposits sufficient rent into the landlord's bank account before the hearing, the three day notice will be deemed to have been waived and the eviction action will be dismissed.
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