Q: My husband is our only source of income and has lost his job due to covid. We have made arrangements to live with family
But the buyout fee is several thousand dollars and they won’t accept multiple payments... if we could afford that, we wouldn’t be moving… Is there no such thing as a hardship action for Ohio?? Is there any kind of legal help because of the current pandemic with so many people losing their jobs?
A: I am assuming that you are currently in a lease or rental agreement. If an eviction action is filed for non-payment (as you are probably leaving regardless), then you can request a stay based upon COVID and the CARES Act. The CDC now requires you to file an affidavit that you have attempted to obtain assistance with your rent. Depending on the County, there has been funds set up to pay the past due rent from governmental assistance funds.
A: There is not hardship exception. But as noted by Attorney Broyles, landlord cannot evict you for non-payment of rent as long as the CDC eviction protections remain in effect. But those could expire at the end of the year -- or they could be renewed. So tell landlord that either (1) you will stay there and not pay any rent at all, until they can successfully evict you, which could be in a few months, or many months, or (2) they can let you terminate early and you won't pay them anything. So it is best, if they just let you leave. Tell them you can't pay them anything anyway, and if they sue you for rent after you move out, you will just file bankruptcy, and they will get nothing. Insist on a written lease termination agreement in which they agree not to sue you, and in exchange, you will vacate now and not stay there not paying rent. Also include in the agreement that they will not file an eviction action against you, and they will not make any adverse entries to the credit reporting agencies. Use the Find a Lawyer tab to consult a local real estate attorney to guide you.
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