Skip to Main Content
It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results.
If the buyer stops paying on the contract, the seller can cancel the contract. One remedy is forfeiture, which means that the seller retains the defaulting buyer's payments and can evict the buyer. Since forfeiture is a complicated process, it is recommended that a lawyer be consulted.
Oh. Rev. Code Sec. 5313.07
If the buyer has made payments according to the contract for less than 5 years and has paid less than 20% of the purchase price, then the seller can initiate forfeiture after the two notice periods in Oh. Rev. Code Secs. 5313.05 and 5313.06. Otherwise, the seller must foreclose.
Oh. Rev. Code Sec. 5313.05
When the buyer of a land contract defaults in payment, forfeiture of the interest of the buyer may be enforced only after the expiration of thirty days from the date of the default. A buyer in default may, prior to the expiration of the thirty-day period, avoid the forfeiture of his interest under the contract by making all payments currently due under the contract and by paying any fees or charges for which he is liable under the contract.
Oh. Rev. Code Sec. 5313.06
Notice of forfeiture.
Following expiration of the thirty days, forfeiture shall be initiated by the seller by by serving buyer with a notice which:
(A) Reasonably identifies the contract and describes the property covered by it;
(B) Specifies the terms and conditions of the contract which have not been complied with;
(C) Notifies the buyer that the contract will stand forfeited unless the buyer performs the terms and conditions of the contract within ten days of the completed service of notice and notifies the buyer to leave the premises.
Such notice shall be served by handing a written copy of the notice to the buyer in person, or by leaving it at his usual place of abode or at the property which is the subject of the contract or by registered or certified mail by mailing to the last known address of the buyer.
Notice of Forfeiture of Land Installment Contract
Complaint for Forfeiture of a Land Contract