I have been living on a property owned by my relative for 20 years, during which I paid all property taxes, including back taxes. Recently, after receiving a damage claim unrelated to the property owner, I was threatened to give half of the claim money to the property owner or face eviction. When I... View More

I have a lease-to-own contract with my landlord regarding the property. However, my landlord's brother, who is listed on the deed, cannot be reached. The contract does not mention the brother, and I have been paying taxes and doing repairs. How can my landlord proceed with selling the house to... View More

Todd B. Kotler
answered on Apr 3, 2025

You should invest in the time of an attorney where this property is who practices real estate law regularly. It is imperative that a lawyer review your land instalment contract. Further, you may need to file a quiet title action to settle the status of the property. WIthout a review of the... View More

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I accidentally made an overpayment of approximately $2,000 from my bank account to the rental company for last month’s rent. Approximately $500 of that amount was used to pay for my ex's portion of the rent, even though he had agreed to cover his share. The rental company sent a check with... View More

Todd B. Kotler
answered on Mar 28, 2025

Many more facts are needed to answer this question. When you refer to your ex, are you referring to an ex boyfriend or an ex husband? If it is an ex husband, is there a final divorce decree including a separation agreement, or is this a pending matter? When you say that your ex agreed to cover... View More

I live in an apartment building, and my car was out of service and parked in the building's parking lot for a month. I informed management via email that it was my car and that I was saving for repairs. Despite this, they towed my vehicle. There is no signage about towing or parking limits,... View More

Todd B. Kotler
answered on Mar 28, 2025

Sadly, more information is needed to fully answer the question. You stated "no formal lease agreement". What does that mean exactly? What kind of agreement is there? Are you paying the landlord directly? Are you a tenant? A subtenant? Your relationship to the building and parking... View More

I recently moved out of a five-unit apartment building in Ohio after living there for 2.5 years. When I initially viewed the apartment, there was no noticeable smell, but after moving in, there was a strong smell of wet dog due to a previous tenant's service dog. The lease had a clause about... View More

Todd B. Kotler
answered on Mar 26, 2025

Your question did not include information as to whether the smell was documented by the landlord and yourself at move in. Otherwise a neccessary cleaning may successfully be withheld.

I want to notify my landlord that I plan to leave my apartment 3 months before the end of my lease. My lease does not have a clause about early termination or notice requirements, and I have not experienced any issues with the property or landlord. Am I still responsible for paying rent until the... View More

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

Yes, unless separately negotiated. Your only defense would be if the landlord fails to make good faith efforts to find a replacement tenant. This, however, is a very low threshold to meet.

I have already given notice to my landlord that I am moving out, and I requested to use my security deposit for the last month's rent. However, my landlord refused, stating it goes against policy. Is my landlord required to use the security deposit for the last month's rent, or can they... View More

I received a 3-day eviction notice from my parents, who claimed my dog was destroying their house, even though my dog was with me the entire time. I do not pay rent or contribute financially to the household. Can they legally evict me under these circumstances?

I left my personal belongings, including clothes and other items, at a friend's house about 45-60 days ago. There was a verbal understanding that they would keep them for me temporarily. However, my friend is upset with me due to another friend slandering my name, and they have ignored my... View More

I moved out of my apartment in early September 2021. The lease states that the new resident is responsible for transferring utilities into their name. However, the new tenants did not do this, and I only realized in February 2022 when I cancelled my account. Consequently, I received a bill of over... View More

I have a medical marijuana license and live in an apartment where I recently received a verbal complaint from the maintenance man about the smell of marijuana. Can I be evicted from my apartment for smoking marijuana under these circumstances?

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2025

Yes, for two reasons.

1) Under Ohio's medical marijuana law, the marijuana may not be smoked, so you would be using the medical marijuana in violation of statute.

2) Ohio's medical marijuana law makes explicit exemptions for employment and other discrimination actions.... View More

I have lived in my home in Ohio for 2.5 years without a formal lease. Recently, a woman claiming to have power of attorney for my landlord, and identifying herself as his niece, demanded rent payment and threatened eviction if I don't provide proof of payment to her. She has not shown any... View More

Joseph Jaap
answered on Mar 3, 2025

Without a written lease, a tenant is a month-to-month tenant whose tenancy can be terminated by giving a 30 day written notice. If the tenant does not leave, then the landlord can file an eviction action. A person can execute a power of attorney (POA) to appoint an agent who can take legal... View More

I live in a condo and share a wall with a neighbor who is harassing me with unpleasant odors and noise. The odors are foul smells, seemingly from his bathroom, that wake me up in the morning. The noise consists of a loud, intermittent boom occurring every morning until I can no longer sleep. This... View More

Bruce Martin Broyles
answered on Feb 27, 2025

To make certain that the Board does not get involved you should review the Condominium Owners Associations bylaws, rules and regulations, and the Declarations for the Planned united Development that established the condominium development. Once you have assured yourself that those do not apply you... View More

My friend has received a formal eviction notice and must vacate his home by this Monday due to being behind on payments with his mortgage company. We're wondering if there's enough time to file a petition for an emergency stay to delay the eviction or if bankruptcy would be a viable... View More

Timothy Denison
answered on Feb 27, 2025

As soon as you file the bankruptcy, an automatic stay is in place. Nothing else need be filed at this point.

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In 2019, my ex-partner and I rented a townhouse apartment together, but only I signed the lease. She left after we broke up, and I was left to cover the bills. A roommate I found took the money meant for the last month's rent, leading to an eviction on the record. My ex is now demanding that I... View More

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2025

If she had already vacated then there shouldn't have been an eviction against her. She could file a motion to overturn or seal it. It is unlikely that she would have a case against you.

If the landlord sought money damages against her, then she at least was on a month to month lease... View More

I am the former owner of a small business incorporated in Kentucky with a physical presence in Ohio. I had to abandon the commercial property early. The landlord did not conduct due diligence when attempting to re-let the property and incurred $15,000 in legal fees only to find out, when preparing... View More

Kelly A Rochotte
answered on Feb 22, 2025

It is difficult to answer this question without knowing what your lease said about default and early termination by tenant. There is no “doctrine of unavoidable consequences” in the way you describe; mitigation is an affirmative defense that will probably not relieve you of liability from... View More

My landlord has not fixed anything that falls under the housing quality standards. I receive rental assistance and that program has failed me with NOT holding the landlord accountable. He is now asking for a rent increase. I’ve been suffering for approaching two years, only slept one time in the... View More

Bruce Martin Broyles
answered on Feb 16, 2025

Many Courts in Ohio state that there is no claim for abatement of rent unless the tenant pursues a rent escrow account. If you have documentation take it to the Clerk of Courts and attempt to open an escrow account. If the Clerk will not accept your documentation, send a certified letter giving... View More

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The 3-day notice is for non-payment of January 2025 rent, but it's very possible that the tenant will not have paid February rent by the time of the February 5th court date. So I'm wondering if the January 5 three day notice I gave her would still be good. I did wait three full business... View More

Bruce Martin Broyles
answered on Feb 16, 2025

If you accepted rent for a future date from the time that you posted the 3-day notice, then the acceptance of the rent invalidates the 3 day notice. The three day notice is invalid and the eviction will not go forward. Unless the payment of rent was for a past due rental period.

I put him on the deed as a courtesy and it says for our joint lives we are no longer joint never married and the home is 100% mine he refuses to leave but has not put one ounce of effort into helping me do anything to fix or make better I want him gone

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2025

If it is a joint tenant estate you are not a 100% owner. Hire an OH attorney to search the title and determine ownership. A tenant cannot oust another tenant in common.