Fairborn, OH asked in Landlord - Tenant for Ohio

Q: Can a student be evicted in the state of Ohio for non payment of rent?

I am a student in college as The defendant in an evictions case that has lasted 3 years. The plaintiff was granted a writ of possession 90 days ago. can they recharge me for non payment of rent When an amount was never Discussed, agreed upon, or even acknowledged, with lack of a lease..?

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2 Lawyer Answers

A: Typically, when a specific price is not agreed to by the parties, a reasonable price is presumed.

If you were a trespasser, you’d be liable for loss of use measured by the fair rental value of the property.

No, you can’t occupy someone else’s property for three years without paying.

Matthew Williams
Matthew Williams
  • Cleveland, OH
  • Licensed in Ohio

A: Evictions proceed in two phases. The first phase is about possession of the property. The second phase is about money owing. The reason to split it up like that is simple: when you start an eviction proceeding you do not know how much money the tenant owes. Perhaps the house is fine, and it is just a month's rent. Perhaps they ripped out all the pipes and failed to pay for months on end. Until they are out, and you can assess the place, it is hard to calculate. So yes, once you are out they can pursue the second cause of action for unpaid rents and damages.

There is nothing about being a student that exempts you from paying rents or being evicted. This sounds like it may be a friends and family sort of situation rather than a traditional landlord tenant situation given the apparent informality of the terms. A lawyer would have to review all the facts before assessing your exposure on the financials.

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