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Ohio Landlord - Tenant Questions & Answers
1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Ohio on
Q: My rent is going up every month & we’re being charged for gas when we don’t even use it Call me hard to text / type.
James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear that you're dealing with rising rent and being charged for a utility you don't use. That sounds very frustrating. Here are a few thoughts and suggestions:

- Review your lease carefully to see what utilities are included in rent vs. billed separately. If gas...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: As a landlord, do damages have to be repaired before giving an itemized estiment to tenant of deposit deductions?
Nicholas P. Weiss
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answered on Apr 8, 2024

No, but it really is best practice. Otherwise they can be fairly easily contested.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In Ohio, failure to give Tenant notice 60 days prior result in having to pay for another month?

My roommate and I forgot to give notice 60 days prior and we gave roughly 45 days. The complex said we are now responsible for utilities for 20 extra days. Can they do that and charge rent for 20 extra days as well? The lease states this Tenant shall give not less than sixty days written notice. If... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems that your lease agreement requires you to give at least 60 days written notice before vacating the premises. Since you provided only 45 days notice, you are not in compliance with the terms of the lease.

In this situation, the landlord may be...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I need help figuring out what to sue my landlord for

He has not allowed me to have water service restored for almost 2 years has filed over 3 eviction and lost all of them. He has slandered my name so bad no other landlord will rent to me.

Nicholas P. Weiss
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answered on Apr 8, 2024

If you've had no water for two years and leave you can sue for constructive eviction. However, you have to actually leave to do that.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Do the home owners need to file a 30 day eviction notice for me to leave?

I have been living on the propery and They are trying to move me out, yet I have been here for over 8 months, have mail sent here, and have given monetary value in the past to live on the premises. There is no paper lease, and the rent was a cash transaction, but there are conversations with time... View More

Joseph Jaap
Joseph Jaap
answered on Apr 1, 2024

Yes, the owners must give a 30 day written notice before filing the eviction. But an eviction filing is a permanent court record that can make it difficult for you to rent from a landlord who check's the court records, and most landlords check, and won't rent to someone with a prior... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Using a residential lease nonrenewal to retaliate in Ohio. Is there anything I can do?

I sued my landlord for unconscionable clauses in a lease and they are retalitating by not renewing my lease. The landlord kept increasing charges in the middle of yearly leases. I told them its illegal in Ohio w/o an addendum that both parties agree on. I took them to court but as a pro se... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

Not a darn thing. There is nothing in the law that compels a person to renew a lease once the term is ended. Leases are at their core, contracts. Alternatively, they could agree to renew but at a greatly inflated rate. There would be nothing to stop that either,

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Am I liable for eviction if my landlord banned items without it being stated in the lease?

They sent out a notice banning space heaters, excessive TVs, fake fireplaces, mini fridges, microwaves and more but none of these things are in the lease. They don't have any banned items in the lease at all.

James L. Arrasmith
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answered on Mar 30, 2024

If your landlord has implemented new rules banning items like space heaters, TVs, and other appliances, but these were not originally included in your lease agreement, it can raise concerns about your rights and obligations. Generally, a lease agreement is a binding contract that outlines the terms... View More

3 Answers | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Ohio on
Q: My father died in a car accident in August, disinherited my brother and I in his will..

He left everything to my children (two minors ages 8 and 6) to be held in trust until they reach 30 years old. He owns a home which I know he would want to be kept for them. He named a family friend to serve as the Executor of the will and Trustee for the kids. Well we were evicted from the place... View More

James L. Arrasmith
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answered on Mar 30, 2024

In your situation, it's crucial to understand that the legal dynamics surrounding estates, trusts, and real estate can be complex, especially when it involves minors and inherited property. Given the urgency of your eviction and the specific circumstances, seeking legal advice from an attorney... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What can I file against a Writ of Possession in Ohio? Is it legal to evict when there's a disabled child in home?

I made a verbal agreement with an overseer of rental property about 6-8 years ago. Since then they have passed away. I wasn't able to make contact with the physical owner due to not living in the same state. I went to court in June 2023 for eviction and won. Went back two more times and lost... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

The landlord or owner of the property cannot evict you because there is a disabled person living there, if the tenant is otherwise in default they certainly may evict for the breach of the landlord-tenant agreement. The lawyer has a breach of the attorney client privilege if they did work for you.

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2 Answers | Asked in Education Law and Landlord - Tenant for Ohio on
Q: Excessively Large Timeframe for Maintenance

I am living in university housing at a private institution in Ohio, where we received this notice: "The [university's] lock shop will be performing preventative maintenance on the apartment entry door hardware between 3/25/24 and 4/19/24. The tech will knock and let anyone home know he... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 21, 2024

There is nothing in the Ohio landlord tenant statute that speaks specifically to this. There may be case law that defines exactly what reasonable notice is but typically that would focus on the definition of "emergency". What you have described seems like a good faith effort on the part... View More

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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Ohio on
Q: Can t doctrine of unclean hands be used by a storage facility who offered a cure 2 breach but then refused to honor it?

I fell behind on payments to a storage facility after they more than doubled my monthly payment a few months into t lease but was able to come up with t money needed, including fees, before t auction. T mgr blocked my online account and refused to accept payment via cc by applying a clause for 3rd... View More

James L. Arrasmith
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answered on Mar 26, 2024

In the situation you've described, the doctrine of unclean hands could potentially be relevant. This legal principle suggests that a party cannot seek legal relief if they themselves have acted unethically in relation to the subject of the lawsuit. If the storage facility manager acted in bad... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Hello I have a question about a lease that I am involved in?

I am a co-signer to a lease with my now ex-girlfriend, and she has been manipulating me and treating me extremely poorly over the past few months, I have attempted to remove myself but the only way to be removed is to have the Tenant (my ex) sign to have me removed, which she constantly refuses to... View More

James L. Arrasmith
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answered on Mar 14, 2024

Navigating a difficult situation with a lease you've co-signed can be incredibly stressful, especially when dealing with an uncooperative ex-partner. The first step is to review the lease agreement thoroughly to understand any clauses that might allow for your removal as a co-signer under... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my landlord charge late fee for a eviction filing fee? Balance is paid, all but filing fee.

I was notified of the filing fee upon making the final payment, also landlord has been sending emails with incorrect amount due and asking how do I plan to pay. Is this a form of harassment. I received a 3 day notice for filing fees that have been partially paid....in ohio

James L. Arrasmith
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answered on Mar 31, 2024

In this situation, there are a few important considerations:

1. Late fees: Generally, landlords can charge late fees if they are specified in the lease agreement and are within the limits set by state law. In Ohio, late fees must be "reasonable" and cannot exceed $20 or 20% of the...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Question about rent increases

I moved into Senior Apartments a year ago. At that time my rent was $645 a month. Now we are getting a 5% increase bringing it to $677. However, I am told that my rent last year was a mistake and should have been $677 and now they want another 5% increase bring it to $711. Do I have to pay this... View More

James L. Arrasmith
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answered on Mar 31, 2024

In this situation, there are a few important factors to consider:

1. Lease agreement: Review your original lease agreement to see if it specifies the rent amount and any provisions for rent increases. If your lease clearly states that your rent was $645, then the landlord should honor that...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my now x fiance lock me out of her apartment after letting me live there for 4 months even though not on lease

She lives in low income but told me she was allowed another person. There wasn't any fighting told each other love you when left for work then locks me out in ohio what's the law say? My cars registered that address

Joseph Jaap
Joseph Jaap
answered on Feb 22, 2024

If she or the landlord did not go through the proper eviction process, then you could call the police to try to regain entry, but they might not do anything to help you, and they might tell you to talk to a lawyer. You could sue her for any monetary damages you incur for finding a new place to... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio on
Q: Hello, my apartment complex is denying my ESA animal due to a no dog policy. Am I allowed to bring the dog on property?

I have been diagnosed by 2 mental health professional with disorders that meet the criteitia for an ESA animal. I turned in the proper letters and info but my apartment complex denied me and didn't state why. Then I provided the professionals credentials to show they can write the letter. The... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you are facing a challenging situation with your apartment complex regarding your emotional support animal (ESA). While you have provided the necessary documentation from mental health professionals to qualify for an ESA, your apartment complex has denied your request without stating... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Landlord - Tenant for Ohio on
Q: I can prove my property manager gave someone illegal access to my apartment and the physical damage n property damage

This illegal access was direct cause of the physical and property damage how do I get charges brought from this . The person a malignant narcissist still enter my property still cause damage after several complaints to police

James L. Arrasmith
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answered on Feb 23, 2024

If you have evidence that your property manager granted someone unauthorized access to your apartment, resulting in physical and property damage, you should consider taking legal action. Start by gathering all the evidence you have, including any documentation, photographs of the damage, and... View More

2 Answers | Asked in Contracts, Criminal Law and Landlord - Tenant for Ohio on
Q: Wife & I were scammed out of a place and $1,275. What do we do?

Wife & I were going to rent an apartment from someone claiming place was ready. It was far from it. Recently found out this situation has been happening to multiple people by the same landlord. Can we get anything back? They only gave us a small portion back. We are still out $975 and now... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

Given the description, you may file a complaint in small claims court against the landlord. Whether you can succeed will depend, in large part, on the language in the agreement you signed. Try and identify portions of the landlord's responsibilities that the landlord failed to perform.... View More

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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Ohio on
Q: Can my landlord make me give up my service dog?

They were aware before I moved in

T. Augustus Claus
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answered on Feb 2, 2024

In Ohio, landlords are required to make reasonable accommodations for tenants with disabilities under the Fair Housing Act. If your service dog assists with a disability, such as a physical or mental impairment, your landlord cannot legally require you to give up the dog. Additionally, if your... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If I have checks that have cleared my bank for rent and my apt filed an eviction notice, can I put my rent in escrow?

I have lived at my apartment for 7 years, paid my rent in full and on time the entirety of my time; they have filed an eviction notice on me for court on Feb. 7th. The manager called and stated that she made a mistake and to ignore the eviction papers from the sheriff but I received another... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 29, 2024

1. You should never ignore a pleading or Order from the Court. There is a very good chance that the manager made a mistake and that the eviction will not go forward. However, you should show up and make certain that it does not go forward.

2. You should appear at court with your...
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