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Ohio Landlord - Tenant Questions & Answers

1 Answer | Asked in Elder Law, Landlord - Tenant and Domestic Violence for Ohio on

Q: what grounds are valid to evict my 31-year-old son from my residence? i.e. what do I put on court papers?

my son is living with me because he has a protection order for domestic violence from his wife so he cannot have contact with his wife. he started staying in my home three months ago. Since then I have been verbally and mentally abused by him and have had to call law enforcement for protection... Read more »

Joseph Jaap answered on Sep 10, 2019

You should get a protection order to get him out immediately. If he makes a verbal threat, or actual physical assault, that should be enough. Talk to the police. And then use the Find a Lawyer tab to retain a local real estate attorney to help you deal with the eviction to do it properly and to... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: I received a notice to leave premises for rent being one day late. What should I do? Should I pay rent today?

If I pay rent, can they still require us to leave? I have paid rent on time since I started living here. Is this common?

Joseph Jaap answered on Sep 9, 2019

If rent is late, landlord does not have to accept it and can proceed with an eviction if you don't leave the premises by the date specified in the notice. Try to work it out with landlord. An eviction is a permanent court record, and can make it difficult to rent from a landlord who checks the... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on

Q: Can we be compensated for/ or not be responsible to pay the full amount of rent?

Broken wire underground. Electric company informed us that it was the responsibility of the owner of the trailer park. They were told to get a certified electrician to come here and fix it. Instead, they had their maintinence people fix it and it took 17 days for them to get it approved and turned... Read more »

Joseph Jaap answered on Sep 5, 2019

If owner does not give you a deduction, then you could sue the owner for $340, but then the owner might terminate your lease or try to evict you. So try to work it out to avoid that.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: The Landlord never sent me notice that my lease was up and placed me on month to month. Do I have any recourse?

I only found out when I went to pay next month's rent and was told I owed an extra $80. I was never told that I'd been switched to month 2 month before I went to pay my rent.

Matthew Williams answered on Sep 4, 2019

What does the lease say? Is notice required? (probably not since the parties typically know the dates of their lease and notice would be redundant). In general, when a lease expires but the parties continue to act as if it’s in force by paying and accepting rent, a month to month lease results.... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Can owner do major nonemergency renovation while we live there, contractors enter at will or is notice required?

Joseph Jaap answered on Sep 3, 2019

Ohio law requires landlord to give reasonable notice, typically 24 hours, before entry -- if it is not an emergency. But the law does not give tenant an effective remedy. You could start paying your rent on time each month into escrow with the local court. The court will then schedule a hearing... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on

Q: If a Landlord removes a person from a lease, is that breaking the lease?

In February, my daughter and i co rented a house together and a few months into the lease, the landlord removed her from the lease, did they break the lease and am i still responsible for fullfilling the lease? Is that legal? Can i move because i can not afford it on my own. They would never have... Read more »

Joseph Jaap answered on Sep 3, 2019

A court would have to sort out the facts and whether what landlord did permits you to vacate without being liable for rent for breaking the lease. Try to work it out with landlord, or use the Find a Lawyer tab to retain a local attorney to review the facts and advise you.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Ohio on

Q: My mom passed away and left her home to five siblings my brother moved And not paid our share and won’t what can we do

My brothers wife has threaten to have me arrested if I go to my moms house

Joseph Jaap answered on Aug 26, 2019

Check with the local probate court where your mother was living to determine if her estate has been opened by filing with the court and whether the ownership of the house must be transferred by the probate court to the siblings, or if it transferred by survivorship deed or transfer on death deed or... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on

Q: What are the repercussions for landlord interrupting quiet enjoyment?

Landlord showing house to prospective tenants and allowing 11 year old son to fish in pond unsupervised and did not ask permission. Also has electrician come to house without giving adequate notice. Was told on a Wednesday he’d be there the next day and didn’t show up until Saturday. Lease is... Read more »

Joseph Jaap answered on Aug 26, 2019

There really are no repercussions. There is no practical remedy for a tenant against a landlord who acts that way. You can advise landlord that proper advance notice is required.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: I'm trying to get rid of my ex who won't leave my residence. I've asked him since MAY to leave and he won't

He continues to bring more of his belongings into the house. He uses his mother's mailing address, he doesn't have my address on his ID, he is not on my lease, and he has never paid any rent

I'm on disability, and don't have much $ to go around. How do I get rid of this person for cheap?... Read more »

Joseph Jaap answered on Aug 26, 2019

He will have to be evicted. Some courts require the landlord to file an eviction, others allow a tenant to evict an occupant. Check the local court web site for the eviction process, or use the Find a Lawyer tab to retain a local attorney to assist you, since it is likely to become an... Read more »

1 Answer | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Ohio on

Q: Renting in Ohio, landlord did not disclose mouse infestation and mold before leasing. Can I break my lease early?

Been dealing with mouse infestation since moving in to house in November 2019. Landlord admits to issues x 12 years with pest control and bait stations around the house to keep "in-check" however we continue to catch mice in regular traps and have droppings in drawers and on the floor. I have to... Read more »

Taylor P Waters answered on Aug 21, 2019

Likely, yes. As part of the landlord tenant act, landlords must do the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: My mom got an apartment and put me on the lease but I never signed anything or moved in and im 18. What should I do?

She had my social security number but thats it. She's saying the only way for me to get off the lease is for her to evict me but I feel like the landlord should be able to just remove me from the lease since I never signed any paper work or stayed one night in that apartment.

Joseph Jaap answered on Aug 20, 2019

Why do you think you have to do anything? If you didn't sign a lease, then you are not legally liable. Talk to the landlord about removing you from their records, if you don't plan to live there, and to erase your SSN from their system.

2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Ohio on

Q: I own both a car and house with a girl, we are not married. If I die will she take full ownership or do I need a will?

We live in Ohio and I’m not sure if I need to make a will and leave my half of these things to her, or if the intestate laws will guarantee she gets full possession of the house and car? I don’t want my family trying to claim half of these items if something happens to me.

Moshe Toron Esq answered on Aug 20, 2019

If you own an asset together and the title contains the words " joint owners, with rights of survivorship" then the asset would pass to the other person automatically upon the first to die.

Otherwise, you need a will that names your girl friend.

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1 Answer | Asked in Landlord - Tenant for Ohio on

Q: By Ohio laws, can the landlord force the replacement tenant signs a longer contract?

I am going to break the lease 6 months before the expiration. I am finding a replacement tenant to takeover this six-month lease. However, the landlord requires this tenant has to sign a contract for at least one year plus 6 months. Is it legal?

Joseph Jaap answered on Aug 19, 2019

Landlord can ask replacement tenant to sign whatever terms landlord wants. If tenant won't sign, then landlord does not have to give you an early termination.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: If my landlord sells the house how much notice do they legally have to give me to move?

Joseph Jaap answered on Aug 19, 2019

If you have a written lease, your lease is valid until the lease termination date, and the new owner must honor that lease. If you do not have a written lease, either landlord or new owner can give you 30 days notice of lease termination, and if you don't vacate, they can evict you.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Is it the replacement tenant's obligation to take a contract with a longer leasing period?

I am breaking the lease 6-month earlier than the expiration and I also found a replacement tenant who can takeover this 6-month lease. But the landlord now force the replacement tenant to sign a contract with a period of 6 months plus one extra year. Is it legal?

Joseph Jaap answered on Aug 19, 2019

It is not illegal. Landlord is not required to let you terminate your lease early. Landlord can allow a replacement tenant on whatever terms landlord requires, including having the new tenant fill your remaining lease, and also having the tenant sign for a year beyond that. If the tenant won't... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: So if a Landlord does enter the property without 24 hour notice between winning the eviction and the actual vacate date?

Joseph Jaap answered on Aug 16, 2019

Not much the tenant can do about that, other than tell landlord not to do it again. Contact the police and see if they will allow you to file a report for trespassing, although that won't do anything. Or use the Find a Lawyer tab and hire a local lawyer to review the situation and advise you of... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on

Q: With description what rights and options are available? Home was purchased with money deeply sentimental to me...

Paid rent to my mom sharing her home (also child), oral agreement, she, on whim changed;living arrangements, unrealistic expectations, cash only payments, refused receipt, which she would constantly manipulate, pleas for more money because she can’t pay bills/mortgage, then acting as though... Read more »

Joseph Jaap answered on Aug 16, 2019

If you do not have a written lease, then if an eviction action is filed, the court will likely evict you. All that other past history is irrelevant. If the court orders the eviction, it typically gives tenant only 7 days to vacate. So try to work it our, or look for new living accommodations.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Is a landlord up on winning eviction allowed to enter the premises before the actual vacate date?

Joseph Jaap answered on Aug 16, 2019

Until the eviction is executed, landlord can enter premises by giving reasonable advance notice, typically 24 hours, or immediately if landlord suspects there is damage is need of immediate response.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: I’m in the cleveland area. I just received a 3 day notice today. Will all be forgiven if I pay in full today?

Joseph Jaap answered on Aug 13, 2019

After being given a 3 day notice, landlord can refuse to accept any rent payment, and can proceed to file an eviction. Try to work it out with landlord to avoid having the eviction filed, because that becomes a permanent court record, and can make it difficult for you to rent from a landlord who... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Can my landlord force renovations that are purely cosmetic (counter tops and fridge)?

Our apartment complex is renovating all kitchens and bathroom counter tops as well as changing out some appliances and fixtures. They are mandating this work and will not make reasonable accommodations to hold off on our unit till we move out 4 weeks later. In addition, they will not provide... Read more »

Joseph Jaap answered on Aug 12, 2019

Ohio law allows landlord to enter after giving reasonable notice. If you refuse entry, landlord could file to evict you. An eviction is a permanent court record, even if dismissed, and can make it difficult for you to rent from a landlord who checks the records. You could go to court seeking a... Read more »

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