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Ohio Landlord - Tenant Questions & Answers
2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Are promissory notes legal if my signiture is not on it. Nane is printed but where it says signiture its blank?
Joseph Jaap
Joseph Jaap
answered on Jun 30, 2022

An oral contract for the loan of money is enforceable in court. The promissory note could be introduced in court as evidence of the terms of the loan along with oral testimony that the money was loaned and received by the borrower with the borrower's promise to repay it.

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2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Are promissory notes legal if my signiture is not on it. Nane is printed but where it says signiture its blank?
Joseph Jaap
Joseph Jaap
answered on Jun 30, 2022

An oral contract for the loan of money is enforceable in court. The promissory note could be introduced in court as evidence of the terms of the loan along with oral testimony that the money was loaned and received by the borrower with the borrower's promise to repay it.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Landlord blackmailing me?

So, my landlord is my grandmother. She has been for the

past year. We have had no problems at all during this time

up until recently when we had a death in the family and

custody issues over my nieces. She wants custody while

my parents want custody. Well, today she... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 24, 2022

If a tenant does not have a written lease, then landlord can terminate the tenant's occupancy at the end of the paid-up rental period by giving 30 days written notice. Landlord's reason for termination doesn't matter. If tenant doesn't leave, landlord can evict the tenant by filing with the court.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Is my landlord aloud to do this?

My landlord had people viewing the outside of our duplex without us knowing and i asked if she was selling the duplex and she said it was just word of mouth and it wasn’t listed for sale. 5 days later she tells me she is having people come in to view the inside, can she do this if it’s not... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2022

Ohio law allows a landlord access upon "reasonable notice," typically 24 hours, to show to prospective buyers or renters, and listing for sale or rent is not required. If you refuse, landlord could file to evict you, and at the eviction hearing, you could tell the judge your concerns... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can an inspection notice be for 2 weeks and they come in whenever during that time? Online it’s saying 24-48hr heads up

This is not a24-48 hr heads up My inspection notice is for June 6-20 from 9-6pm including weekends..

Is this allowed?? I’m researching and see you have to have a24-48 hour heads up when knowing if someone is to be entering your apartment and this doesn’t feel like a heads up. Inspection... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 6, 2022

Ohio law only requires that landlord must give "reasonable notice," but does not define what is reasonable beyond saying that 24 hours is "presumed" reasonable. https://codes.ohio.gov/ohio-revised-code/section-5321.04 Ohio law also requires landlords to keep the premises fit... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: What rights as a tenant do I have after moving out of almost 5 years? Like how much is my responsibility?

I’m charged over 13,000$

Deposit, rent credits so it’s 10,900

But I feel charged are extremely excessively high

Like paint 600$ Carpet? New doors, trim?

So where would I stand?

Joseph Jaap
Joseph Jaap
answered on May 16, 2022

A tenant is only responsible for any damages beyond normal wear and tear. A landlord must give tenant an itemized list of damage within 30 days after tenant vacates. If tenant refuses to pay, then landlord can sue, but landlord must prove that the damage exceeds normal wear and tear. Routine... Read more »

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my landlord have me escorted off the property, if I'm not on the lease?

I and my sons have been living here since October of 2021. The landlord and lease holder refused to out us in a lease. I had the lease holder arrested for domestic violence against me. After which the landlord wrote me note saying I could stay. Two days later, after speaking with my abuser, lease... Read more »

Matthew Williams
Matthew Williams
answered on May 15, 2022

He will have to evict you, if you’ve been living there but he can as you have no lease. If the defendant in your DV case put him up to this, the defendant has almost certainly violated the terms of a court no contact order which generally includes not doing anything to mess with the victim’s... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Girlfriend is on lease I am not.Her dad (who does not live here) is on lease.Can he evict me.

My girlfriend and I live together in a house she rented. We agreed to split bills. I guess when she rented it her father helped her get the place.

He is also on the lease. For whatever reason he wants me out. He doesnt live here never has.

But he isnt the landlord. So what rights... Read more »

Joseph Jaap
Joseph Jaap
answered on May 4, 2022

Some courts allow a tenant to evict an occupant. Other courts only allow a landlord to file an eviction. Check with your local court. But even if he cannot successfully evict you, he could still file it, even though it would later get dismissed. But an eviction filing, even if dismissed, is a... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I am in the process of eviction and if I pay the amount on the paper does that get rid of the eviction and I don't have
Joseph Jaap
Joseph Jaap
answered on May 2, 2022

If landlord accepts payment, landlord should dismiss the eviction complaint. But once filed, an eviction complaint is a permanent court record, even if dismissed. Check if your county has a process to remove dismissed evictions from the public record, so it doesn't make it difficult for you... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: How much vacate notice must I give a month-month tenant who paid first and last month to move in?

I am a live-in landlord in Ohio. I rent rooms in my home month-month. My tenant paid first and last month's rent to move in but broke the term of his lease on day one. At that time, I gave him 60 days written notice to move out. He hasn't paid me since then. I didn’t want him to because... Read more »

Joseph Jaap
Joseph Jaap
answered on May 2, 2022

If a tenant has breached a term of the lease, then a 3 day notice can be given now, and if tenant doesn't leave, landlord can file an eviction. At the eviction hearing, the judge would determine if there was a valid basis. If a monthly tenancy is merely being terminated for convenience by... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Do my lanlord owe me, if my signed lease has incorrect rental payment amount?

My signed lease states rent payment of $895.00. But the set rental price is $995.00 on their website and online resident portal. Does the leasing office legally owe me for overpayment? Can it be applied to my next months rent?

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2022

You are only legally obligated to pay the rent specified in the written lease that you and landlord both signed. You'll have to work it out with the landlord. Take a copy of your written lease to the landlord and show them that your lease says $895. If you have overpaid, and landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: my land lord is pretty much kicking us out, and aren’t giving us our prepaid rent back. is that legal to do?

they said the whole house smells like cat urine, but we have multiple litter boxes, and nobody has agreed with our landlord. we prepaid 4 months worth of rent, and they’re keeping it and kicking us out, they said they have to replace carpets, but isn’t that what the security deposit is for?

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2022

When a tenant vacates, landlord must give a tenant a written notice of any security deposit or money retained. Landlord must give the notice within 30 days after the tenant vacates. If not, then tenant can sue landlord in small claims court for the return of the money. If the tenant has given... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If a apartment complex is under new management can they default on the old contract and start a new one?

My daughter received a letter from the new management of her apartment complex and it explained to her that her old contract was no good anymore. The new contract is requiring her rent to be raised $400 per month, pay new application fee, new security deposit, $300 dollar nonrefundable deposit for... Read more »

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2022

Sale or management change of property does not change the terms of an existing lease or terminate an existing lease. The new owner/manager takes the property subject to the leases in effect until the specified expiration date in the lease. But when that lease expires, the new owner/manager can... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My wife's adult child moved out, at what point can we legally change the locks

We allowed her son to come stay with us for what was suppose to be two weeks, six months later he has finally moved out. But because he still left some belongings here and hasn't changed his address he thinks he still has full access to the house, he claims he consulted the police department... Read more »

Joseph Jaap
Joseph Jaap
answered on Apr 19, 2022

You need to call the police and find out who said he could kick the door in, and if a police officer actually said that. If an officer actually did, you need to talk to the police chief. That is really bad advice for the police to give. Someone breaking in like that could get shot by the... Read more »

1 Answer | Asked in Landlord - Tenant and Divorce for Ohio on
Q: Can I evict my husband if he moved out two weeks ago an lives in another town in ohio

My house in owned an in my name. If not can any other measures be taken to keep him from destroying my house there has been nothing filed but he has takin residence in another home

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 12, 2022

Ohio courts can make orders when parties are in the process of a divorce and they need to get rules in place quickly such as who will remain in the marital home or pay certain debts. As part of the court's temporary orders one party can be ordered to vacate the marital home and forced to find... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If you pay during the eviction process, do you still have to leave the premises? And will it be dismissed?
Joseph Jaap
Joseph Jaap
answered on Apr 1, 2022

If you appear at the hearing and can prove that the landlord accepted rent payments from you, then the court might dismiss it. Use the Find a Lawyer tab to retain a local real estate attorney to review the facts, contact your landlord, and advise you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I live in a senior citizen apartment building. How can I get the landlord to rid my apartment of bed bugs?

They had Orkin spray three times but the bed bugs came back and are biting me really bad. I just want to get rid of them for good. I also have physical problems such as leukemia, anemia and prostate cancer.

Joseph Jaap
Joseph Jaap
answered on Mar 28, 2022

Call the board of health. They might come out and issue an order to landlord. But if landlord is having Orkin come out already, that might satisfy the board of health. Ask Orkin what more needs to be done. If only one apartment is treated, the bugs can go next door, and then come back when the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Landlord filed for eviction, after I had paid rent.

I was out of town on a business trip and unable to ensure my rent was posted from my mailbox. When I got back there was a notice on my door to vacate the premises. I went to their office the next day March 9 and explained what happened. They seemed agreeable and gave me a receipt for my rent. I... Read more »

Joseph Jaap
Joseph Jaap
answered on Mar 28, 2022

Check with the court to determine if the eviction has been dismissed or if the hearing is still scheduled. If the hearing is still scheduled, attend and explain to the court what happened. It might get dismissed. Work it out with the landlord or use the Find a Lawyer tab to retain a local... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My former landlord was in foreclosure and did not tell me have already auctioned. New landlords are trying to force me o

The new owners have turn my gas and electric off dismantle doors and locks and have filed eviction against me without any communication of how much the rent is or any expectations

Joseph Jaap
Joseph Jaap
answered on Mar 21, 2022

The new owners must honor the terms of any written lease you had with the old owner. If you don't have one, or it expired, then you are a month to month tenant, and the new owners can give you 30 days written notice to leave and then file to evict you. They should not be turning off power or... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: House in my name only, but my mom asked me to split the sale proceeds with my sisters.

My mom and I shared ownership of a house in Cleveland Ohio. When she died it automatically transferred to me. She verbally stated to me she wanted me to split proceeds of sale between me and 3 sisters. How would I do that without getting nailed with all the sales & capital gains taxes? My... Read more »

Joseph Jaap
Joseph Jaap
answered on Feb 22, 2022

That does sound like a difficult family situation. There could be capital gains taxes, depending on how long since the house transferred to you. If there were any taxes, you could deduct those from the proceeds to your siblings. Talk to your tax advisor about all that. And use the Find a Lawyer... Read more »

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