Lease Violation - Is 30 day notice required?

[Laurence V.]

I've been a landlord for about 7 years, but I have what might become my first eviction case. Unsurprisingly, the middle of a pandemic is not an ideal time to deal with this. I have a triplex and two units have been complaining about the tenant in the third who they feel threatened by. He has continued to pay rent, but he has:

• Played loud music after midnight (Lease rule addendum violation)
• An unauthorized occupant (Lease Violation)
• Smoking in the apartment (Lease Violation)
• Possibly the unauthorized occupant is selling drugs. Frequent trips to random cars in street apparently exchanging something reported by tenants whose windows overlook the street.
• Driven drunk and hit another tenants parked car on the street.

I contacted my lawyer (only 3rd time in 7+ years), who told me I must give them a 30 day notice to correct pursuant to ORC 5321.11. Does this sound correct? Putting aside the fact that the courts are currently closed, the 30 day notice only appears to apply to things that "materially affects health and safety" as specified in another section. That only seems to indicate loud noises disturbing other tenants would fall under that definition. Otherwise, should I look for a different lawyer? Does anyone have a recommendation in the Dayton, OH area?

Additionally, does anyone have any idea the burden of proof required to evict a tenant for illicit substances? Ohio Law says the landlord must evict "if the landlord has actual knowledge of or has reasonable cause to believe..." I have suspicions, but little in the way of solid evidence. I haven't visited the property in the last few weeks. Normally I would be more hands on, but I have been trying to keep my personal interactions down as a result of COVID-19.

Knowing the courts are closed and will have a backlog once opened, I have offered the tenant a cash refund of one full months rent if he moves out and leaves the unit in good condition. He has declined the offer so far. I have also told him the unauthorized occupant must leave, but via text message and not in a formal, written notice.

Any thoughts and experiences are appreciated!