Legal Question in Landlord & Tenant Law in Ohio

In Ohio, the defense to the eviction is simpler than the issue you raise. Ohio Revised Code Section 1923.04 requires three days of notice to the tenant of rented residential premises of the eviction action before it can be filed. Case law has consistently held that the day that the three day notice is posted does not count toward the three days, nor does any day in which the court is not open.

That means that if the Court was not open on January 1, 2013 (and I imagine any court being open on New Year's day) that means that January 2, 3, and 4 would be the three days that the landlord would have to wait. Since the landlord filed on the Fourth of January, the filing is premature under the law and the court would be without jurisdiction to hear the issue.