Lawyers, Answer Questions  & Get Points Log In
Ohio Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Does the landlord have to replace worn carpet if it wasn’t new at move in? Been there for 5 years

Carpet and tile is very worn. Tile is coming up. No children or pets

Joseph Jaap
Joseph Jaap answered on Sep 16, 2020

There is no requirement for a landlord to replace worn carpet or tile. A tenant should discuss the condition of those with a landlord before moving in, and document them with photos, since the landlord could charge the tenant for excessive wear when the tenant moves out. Tenant is not responsible... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Securities Law for Ohio on
Q: Apartment manager decided to do a “wellness check” without telling us.. there is a lot more.

Manager entered our apartment with any form on contact before doing so while my wife was asleep naked and daughter was sleeping. Got to the bedroom door before announcing himself and my wife freaked out and tried to cover up as quickly as possible, he proceeded to stand there and stare at her while... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 16, 2020

You can file a police report, but they are unlikely to do anything. You could sue the apartment owner for trespass. Talk to the owner about the manager's unauthorized entry. Put an interior lock on the door.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Hello, currently I am in bind with my leasing office. Its about a lease they say we signed but we didn't.

Our leasing office came over one morning unannounced disccusing with us possible options on place they had available that was larger then where we were. So they came over with the paper work for us to sign to lock in the price. With that they also said it wasn't a lease and that we can opt out... Read more »

Warner Mendenhall
Warner Mendenhall answered on Sep 15, 2020

Attorney's need to see what you documents you are referring to to give you an opinion. It sounds like it is a rental agreement that requires you to give 60 days notice before leaving. If you did not sign anything you could give them 30 days notice and leave.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: If you are evicted and owe back rent in Ohio is the landlord still required to send an itemized list within 30 days?

Please see Ohio Revised Code 5321.16 Procedures for security deposits. As far as I can tell from reading the law it seems landlords are required to send an itemized security deposit list regardless of whether or not there is back rent owed. Can you still collect damages if they fail to provide the... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

Yes, but you're only entitled to double damages and fees if you sent them a request for the deposit and gave a forwarding address. If you did that then you could have a case.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My landlord said she wants to move into the house I rent.

She told me she is selling her house and wants to move in to the house I am renting. She told me I have 30 days to leave. I have a 1 year lease thats not up until 2 months from now. Can she do this?

Joseph Jaap
Joseph Jaap answered on Sep 10, 2020

As we discussed, she can't do that. She would have to follow a proper eviction process, and the CDC order prevents that. Give the police a heads up that she might try to force you out, then tell her.

1 Answer | Asked in Landlord - Tenant, Estate Planning and Real Estate Law for Ohio on
Q: I rent a duplex in OH. Landlord had meter readings mixed up. I figured out 11 months later when the downstairs neighbors

Moved in. (No one was there before.) The bill was near $300 for electric. After weeks of trying to get the landlord to fix it, and the electric company out. He is telling me that I owe the difference. Though it was not my fault. Is this legal?

Joseph Jaap
Joseph Jaap answered on Sep 9, 2020

If your lease requires you to pay the electric that you use, then you are obligated to pay whatever the proper billing for your usage works out to be, regardless of the mix up. If you don't pay, landlord can subtract from your deposit, sue you for any additional amount, or file to evict you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My lease is up at the end of Oct. 2020 and my landlord told me I have 60 days because he’s selling the property because

It’s too much maintenance work that he has to do. Due to the pandemic am I obligated to leave?

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

If you don't leave when your lease expires, then the landlord can file an eviction. Various courts and actions by the federal government have been suspending some evictions, which might delay the eviction process. But you can't count on that. You'll have to check with your local... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Is maintenance raised from landlord web portal considered as written letter?

My leasing agency is not addressing to my maintance issues and its more than 30 days now. As per Ohio tenant law can i opt for terminating the lease? I had raised all requests from tenant portal

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

If you terminate your lease, then landlord could sue you for breaking the lease, and the court would decide if the maintenance issues were legally sufficient for you to terminate the lease. An alternative is to start paying your rent into escrow with the local court. Check the court web site for... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: The landlord owes us our security deposit and the 5% interest. What amount should we ask for in small claims?

It’s been almost 2 months since we moved out. We haven’t received anything regarding our deposit and didn’t know about the 5% interest we could get annually. We haven’t received anything saying there were repairs needed either. We paid twice our first months rent as a deposit. We lived... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

You can sue for 2x the amount of the security deposit, plus interest, plus your attorney fees. See http://codes.ohio.gov/orc/5321.16v1

Use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If I move out mid-month so my landlord can prep for the next tenant, am I legally obligated to still pay the full month?

I was planning to spend the month of September moving from my previous rental house to another one. My landlord found a tenant that wants to move in Oct 1, and asked that I clear out ASAP so he can come in and prep the house for the next tenant. However, he said that the law says that if I live in... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 3, 2020

A month to month lease runs for the calendar month if rent is paid on the 1st of each month. Your notice terminates your lease on Sept. 30, and you are obligated to pay full rent for Sept. You don't have to agree to leave early. You can stay until Sept. 30. If you do agree to leave early... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I have an eviction with the court to evict a tenant for non-payment.

I have filed an eviction with the court to evict a tenant for non-payment the tenant claimed to have chest pains and was taken away from the court by ambulance I received a continuance for court how can I evict the tenant

Joseph Jaap
Joseph Jaap answered on Sep 3, 2020

With the continuance, the court will set a new hearing date. But the CDC issued new guidance giving tenants protection from eviction, and depending on how courts respond, courts might suspend evictions, or the tenant could use that as a defense Continue checking with the court for the new hearing... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord shut your water off all day several times a month?

The apartment company I live at has had the water shut off for the entire property 7 times last month. It was for 10 hours each time. Sometimes they didn't let us know, other times they gave only a 12 hour notice.

Joseph Jaap
Joseph Jaap answered on Sep 3, 2020

Is there construction in progress? Contact the local health dept. and building dept.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Can i stop my bldg from doing renovations in my apmt during the pandemic?

Workers plan to renovate 8 hrs a day and I'm told i can enter my place after they leave at 5pm. The workers will have touched almost everything while working which leaves me wide open to covid. Can l stop the renovations until pandemic is over? Ty

Joseph Jaap
Joseph Jaap answered on Aug 31, 2020

If the landlord does not allow you in your place until after work stops, then that is "constructive eviction." Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If my security deposit did not fully cover damages does my landlord need to notify me within a certain amount of time?

Lease ended June 30th of this year. I did not receive any notice from my landlord regarding my security deposit within 30 days. Friday August 21st a letter was in my mailbox from my landlord saying that my security deposit did not cover damages and I owe more money. The letter has a Pitney Bowes... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 28, 2020

Landlords must return security deposits and send an itemized statement of any amounts withheld within 30 days after you vacate. If not, tenant can sue landlord and collect attorney fees. See this link: http://codes.ohio.gov/orc/5321.16v1

Use the Find a Lawyer tab to retain a local...
Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: we are on a month-to-month lease and got a non-renewal notice to leave in 30 days. Can I fight this since I am pregnant?

Our lease ended a couple months ago and fell into a month-to-month basis. We just received a non-renewal notice without explanation and have 30 days to leave. I have two kids and I’m pregnant now. Can I fight for more time to find a new home because of my pregnancy even though we are no longer on... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 27, 2020

Pregnancy does not provide any legal right to stay beyond the expiration or termination of the lease. You can try to negotiate with the landlord about it, but if the landlord does not allow you to stay, landlord can file an eviction. An eviction is a permanent public record that can make it... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I’m supposed to move out 27th but can’t move into next apartment until 28th. Can landlord do anything?

My apartment complex requires 60 day notice, which I gave. I was one day late giving, so I paid technically until, the 28th, even though I’m supposed to move out by midnight on 27th. I had hard time finding new apartment since not many had openings with the COVID stuff. I finally found one, but... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 24, 2020

They could give you a notice to vacate to start the eviction process, but that would take weeks. If they try to move you out on the 28th, call the police.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I rent in Ohio in a level 3 covid area. Can i stop my landlord from showing the house during a pandemic?

After renting a house for 8 years in perfect standing, my landlord decides he wants to sell the house i'm in during this pandemic. I and other members of my family have underlining health conditions that makes covid-19 more dangerous. Like i said i live in Erie county Ohio which is currently... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 24, 2020

Ohio law allows landlord to show prospective tenants or buyers after giving reasonable notice to a tenant. That law has not been amended for the pandemic. If you refuse entry, the landlord could try to evict you. But landlord is not allowed to force entry to show the house. Tell the landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I am 4 months pregnant, and at higher risk/more susceptible to covid19, but my landlord is showing the house I'm renting

I've told him my concerns (that I don't want strangers in my house during the pandemic) and we're leaving the premises in 43 days. He's unwilling to show the house virtually as well. What can I do? I'm scared for my well-being and that of my unborn child.

Joseph Jaap
Joseph Jaap answered on Aug 18, 2020

Ohio law allows landlord to show to prospective renters by giving 24 hours notice. But the law does not specify a penalty for tenant if tenant refuses. If tenant refuses, landlord could file to evict tenant. It is unlikely that the eviction process can be completed in 43 days, as the landlord... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I am the homeowner with a roommate with no lease. Can I kick out their rude significant other?

The roommate doesn’t even pay half of the mortgage/utilities, so having an additional person living at the house for 3-5 days out of the week sometime is annoying. They also never signed a lease. On top of it, the S.O. is loud and rude. Can I tell my roommate their significant other is no longer... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

You can tell roommate to get the SO out. But if that doesn't work, you must go through the eviction process to do it legally and avoid being sued for unlawful eviction. Check your local court web site for the eviction process or use the Find a Lawyer tab to retain a local attorney to assist... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If your landlord try’s returning your security deposit after you’ve sued in small claims, do you have to except ?

My landlord has not returned my security deposit yet and it’s been 2 months already. I filed a small claims case , suing for double , and right when I did , then they wanted to finally respond saying that it’ll be coming in the mail. I asked them to pay the $65 filing fee I had to pay and then... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 12, 2020

You can reject the payment. The damages, including double damages and costs, accrue at the time of filing. If they hadn't paid anything at that point, then they are still liable for the security deposit plus statutory damages.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.