Columbus, OH asked in Landlord - Tenant for Ohio

Q: Can a landlord evict if they accepted a partial payment in Ohio

My landlord is trying to evict me for non payment of rent of $374.35 for Novembers rent. It was due at the beginning of this month 11/1/18 for a total of ($494), but she accepted a partial payment of $120 on 11/4/18 and agreed to accept the rest on 11/9/18 - 11/11/18 The following weekend. I received a late check and that check was lower than anticipated. I was only able to pay another $200 on 11/14/18 when I got the check. But over the weekend (11/9-18 - 11/11/18) while I was at work, I received a Notice to leave premises by my landlord giving me 3 days to leave the premises. My phone had got turned off and I couldn't contact her, to inform her my check was coming in late. Because one my phone was off, and two because I was at work the whole weekend. My landlord is now refusing to accept my payment of $200 when I already put it in her mailbox on 11/14/18 and planned to pay the last $174.35 I owe Friday on 11/16/18. She said she will refuse to accept my money

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Landlord Tenant Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Yes, landlord can file an eviction for non-payment of rent. If a landlord accepts rent or partial rent after the eviction is filed, the eviction can be dismissed. But if partial rent is paid, a landlord can file eviction after that, if the rest of the rent is not paid before filing the eviction.

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