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Ohio Landlord - Tenant Questions & Answers
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.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My sister's funeral was held on 8/4/20. Can a landlord give a 4-day notice to clear properties w/ a minor involved?

I live in NC but my deceased sibling loved in Cleveland. I have just received word that the landlord is just, on today, that the landlord says my Nephew (adult, who was living in the home along w/ my sister and the minor involved), that he can reapply but if the application is not approved, my... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 12, 2020

If the nephew and others were not on the lease, then landlord can start an eviction by giving a notice to vacate, and if they don't leave, then filing the eviction with the court. That eviction process can take a few weeks until the hearing. The landlord cannot legally throw them out after 4... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a sub-tenant that is not on the lease and will not leave. What legal action can I take?

The sub-tenant has been living in my house for 2 years and will not sign a lease and now refuses to leave. He has moved his girlfriend into the house as well. Technically I am not allowed to have a roommate but my landlord knows he is there. I don't want to get evicted. He does pay his rent in... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 11, 2020

Some courts require landlord to evict occupants, other courts allow a tenant to evict a sub-tenant. Check with your local court. If it does not permit tenant to file an eviction, and your landlord won't do it, then use the Find a Lawyer tab to retain a local attorney to review the situation... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My apartment hasn't been updated in over 50 years and my landlord claims broke, can I update it and take it off rent?

The apartments I live in were built in the 1970's and have not been remodeled or updated since. The only new stuff is paint and carpets. The cabinets are original and gunked up with dirt and grime and grease that I cannot get them clean. The stove barely works properly. Nothing in the... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 11, 2020

You could suggest that to the landlord, but landlord does not have to agree. There is no legal right for a tenant to update the premises and offset that against rent. If a tenant does not pay the full rent on time, landlord can evict the tenant. Try to work it out with landlord, but if landlord... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: Harassment by a neighbor

I'm actually contacting you for my elderly Aunt. She has a neighbor that lives across the street who is a bad drunk/drug user who is always yelling and harassing her. She has called the police several times, but they have done nothing. I understand she might have to sue in civil court. Is... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 10, 2020

Hi there, this is an attorney question-answer service. An attorney would need to know more about your aunt's situation and what the neighbor is doing. Please feel free to give a call to one of the attorneys listed here.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Eviction notice

Not residing at location

Matthew Williams
Matthew Williams answered on Aug 8, 2020

And what is your question?

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my landlord automatically renew my lease and force me to pay?

My family and I are moving out of our apartment at the end of the month. I gave the apartment complex my written thirty day notice we will be leaving along with this last months rent check. The office called and said we will not get our deposit back for breaking the lease and will have to pay rent... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

They can try to get you to pay it. But if there is no signed lease agreement, and if the original lease you signed didn't have an automatic renewal, then they can't prove that you are anything more than a month to month tenant. So you can terminate that at the end of any month by giving... Read more »

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