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Ohio Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Can a landlord come into my son's duplex to take his dog and cat and rehome them while my son is hospitalized?

Today is Tuesday and my son was taken to the hospital on Friday night. Since Friday night, my son's landlord had been harassing me about his animals and the rent. The rent isn't due until Nov 1. My son's best friend is taking care of his pets. She feeds them and lets them out a few... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 28, 2020

There really is no way you can keep landlord out. The landlord has the right to inspect the premises upon giving notice, and he has given notice. And there is no practical way to prevent him from sending them to the shelter. In theory, you could go to court and try to get an injunction, but who... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: is landlord allowed to use my electricity from my rental for his property?

i found a cord running from my garage to his big garage and he has been using my electricity. I confronted him about it and he told me to get out. Told me to move if i dont like it. He admitted he uses my electric. He also told contractors that put on the roof and gutters its okay to plug their... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 26, 2020

Dealing with troublesome landlords can be frustrating, and there aren't a lot of good solutions. If you have access to your circuit breaker box, you could shut off the outlets he and his contractors are using. But they would have to use a lot of electric to raise your electric bill more than... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: My landlord got into an agurement with my boyfriend who isn't on the lease but she knew he was staying here. And now she

she says she doesn't want him here and that she'll give me a great recommendation. Is that legal? I've just signed a one-year lease with her.

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

It depends on what your lease says about having other occupants stay in your premises. If she tries to evict you, then use the Find a Lawyer tab to retain a local real estate attorney who handles eviction matters to review the situation and advise you. Note that an eviction is a permanent public... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: We signed a lease but have not moved in yet. We haven't paid first month lease amount. Are we able to get out

Leasing agent told us 1210 but they put 1220 on our lease we are supposed to move 10/24 but possibility of 10/21 if they send us new lease can we get out of it with new date?

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

You'll have to work it out with landlord. If you signed a lease, then fail to move in and pay rent, landlord can sue you for breach of the lease. Use the Find a Lawyer tab to retain a local real estate attorney who can review the lease and all the facts, and then advice you of your options... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord renege on a lease renewal

Wife is also on lease

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

You'll have to retain a local attorney to review the lease, the renewal provisions, and all the facts and then represent you if landlord files an eviction. Use the Find a Lawyer tab to find a local attorney who handles evictions.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I live in Ohio, and I am curious where I can find information about duplex housing laws?

Does a landlord need to give both tenants notice prior to entry or work being done? Right now the downstairs is empty and I live upstairs, and random workers keep coming in to do work downstairs without our knowledge. It can be unsettling finding a random person in the house, so I want to know... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2020

There are no landlord-tenant laws specific to duplex units. Landlord must give tenant reasonable notice before entry, typically 24 hours. But there is no real penalty if landlord doesn't. You could call the police, but they are unlikely to do anything. Landlord-tenant law is at this link:... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If i rent a room in ohio with out a lease can the landlord /owner of the property go through my personal items?
Joseph Jaap
Joseph Jaap answered on Oct 13, 2020

If the landlord/owner does that, you could sue for invasion of privacy, and the landlord/owner could evict you since you don't have a lease.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: my landlord has been accepting my rent with an expired lease and did not give me 30 day notice to, but filed an eviction

Prior to the eviction notice, I was served 3 days to vacate the premises. I contacted the rental office to rectify and renew, I was told they could not. I appeared in court, but the judge dismissed the case due rental company accepting payments and different lease expiration dates. What rights do... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 12, 2020

If your rent becomes past due again, landlord must follow the proper eviction process, which requires a 3 day notice, then filing an eviction complaint. If landlord does not follow the proper process, then attend the eviction hearing and testify accordingly. The federal Center for Disease Control... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I’m not in a formal lease. If I leave and my roommate tries to stay and gets evicted, will it be put on my record?

I moved in with my mom to a rental property in July of 2020. She completely screwed me after we moved in and took over the house. So I want to leave. I’m not in a formal lease. I’m just in a month to month agreement with my landlord. I never signed anything. I want to leave soon but my landlord... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 6, 2020

It depends on landlord. If landlord files an eviction, he would probably name both you and your mother, and that becomes a permanent court record that could make it difficult for you to rent from a landlord who checks. So try to work it out with landlord to avoid that.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My tenant hasn't paid rent since August 2020.

The tenant said she has involved an agency to help her for August and September's rent. Before October she agreed to pay the amount equivalent to a month rent on the 1st. However, she refused to add the late fee since she was paying on time. I explained to her that she needed to include the... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 5, 2020

The written lease that she signed specifies what late fees she incurs. If she doesn't pay the full amount of all rent and late fees, then you can file for an eviction. But she might be protected by the recent federal guidelines from the Center for Disease Control that protects some tenants... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Elder Law and Landlord - Tenant for Ohio on
Q: Any options to break a lease who can no longer stay independent due to falls, hospitalizations, etc?

After renewing her lease, my mom fell and was hospitalized and spent 4 months in rehabilitation therapy and is now in assisted living facility. Moved her stuff out and notified property manager of the situation via email and offered to work with them on scheduling and key return while moving her... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 1, 2020

No, that does not give an option to break the lease. Tenant is responsible for the rent for the full term of the lease until its expiration. If rent is not paid, landlord can sue for the rent, minus any rent landlord collects from a new tenant.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If i am in a month to month lease with my boyfriend. Can he remove his name from the lease without me agreeing?

We were approved based on his income because I don't have an income.

Joseph Jaap
Joseph Jaap answered on Sep 28, 2020

The agreement is between him and landlord. If landlord agrees to remove his name, you will have to leave, and if you don't, then landlord can file an eviction to try to evict you.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: My slum landlord sold the House property . Three months later we still live there then move out on good terms with the

new landlord. . who we were never introduced to by the old. After we move he is trying to sue for back rent we owed before he sold the property. We only ever signed a first year lease. Never signed a month to month. Can he do that?

Joseph Jaap
Joseph Jaap answered on Sep 28, 2020

Yes, he can sue you. He will have to present evidence in court of the prior lease and your failure to pay the agreed rent amount.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: My landlord as consistently doing showings during covid.

I have 2 children 1 that may be high risk . She is also making me remove my dog from the premises for showings.Can I refuse entry to protect me and my family?

Joseph Jaap
Joseph Jaap answered on Sep 25, 2020

Ohio law allows landlord to do showing after giving reasonable (24 hour) notice. But there isn't anything landlord can do to force you, if you refuse for health concerns. but landlord could file an eviction. Try to work it out with landlord.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I been paying rent and my landlord said she would like us to be out in October 31 because she said she has to sell it

They aren't devoiced yet she said it's part of her separation agreement

Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

If you don't have a written lease, but are a month to month tenant, landlord can terminate your occupancy at the end of any month by giving at least 30 days' written notice. It must be in writing. Verbal notice is not valid. So don't tell her that. Having a tenant in the property... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: The monthtomonth is signed with the man, the girlfriend is not named. Now she is in the apt, he is out by restr. order

They both want to pay next month and have the apt, but not together. We want them both to move, and gave the 30 day termination notice to both Lessee and occupants, but who should we accept rent from for the final month? Are we obligated to deal only w/ him as the technical Lessee? If we take her... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 22, 2020

A month to month lease runs on a calendar month if rent is normally due on the 1st. So a 30 day notice terminates the lease on the last day of the month. Notice given now would terminate the lease on Oct. 31. If they are not out on Nov. 1, then give a 3 day notice to vacate, and if they... Read more »

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.

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