Q: Landlord has been ok with not always getting paid on time, then says evicting for past owed. Is this legal?
Landlord has been fine with paydays not always matching up with due dates and I had past due utilities from his previous place he had us live while rehabbing trailer to occupy. Friday he posts a 3 day notice telling me to pay all past due or be evicted. I had already established with his consent that I would pay the $842 in past utilities before the end of April, then he does this. Is it okay to change the rules like that. I am in Ohio and I thought that when a landlord starts accepting payments late all the time that it set some sort of standard and could not be 3 day'ed that easily. Help?
A: That is a defense that you can offer at this eviction hearing. The court might let it slide this time, but warn you that if you are a day late on any future payment, that landlord can evict you then. But the court this time might not accept landlord's past pattern of accepting late rent as a defense, and could order an eviction now. Use the Find a Lawyer tab to retain a lawyer to help defend you.
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