Lawyers, Answer Questions  & Get Points Log In
Ohio Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can the landlord still evict us after accepting partial payment of rent? Notice came after payment was accepted.

3 day notice came while I was in the hospital delivering my daughter. After discharged I turned in a prc voucher for a portion of the past due balance, but received an eviction notice a few days after. For the original full amount of the past due balance. Would the landlord have to resubmit... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 6, 2020

If landlord accepts any payment after starting the eviction process, then landlord must start all over again. But if a partial payment is made and accepted, a landlord can file an eviction after that, since the rent was not paid in full.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I gave 60 days notice to terminate my lease but my landlord says that was insufficient is is trying to force us to stay?

Signed a lease in July 2014 with a written end date of July 2015. Terms stated lease does automatically renew unless 60 days notice is given. We have never signed a new lease renewal. I gave my landlord 60 days notice that I want to leave on January 31, 2020, but they are claiming we are breaking... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 31, 2019

The 60 days notice is required to terminate the lease at its normal expiration date, July 2020, and not have it auto renew. You will have to negotiate an early termination with landlord on whatever terms landlord will accept. Landlord is under no obligation to terminate early. The lease is a... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Money has been in escrow since October 2019 due to no heat, wildlife inside the walls, etc.

Landlord just provided today (12/30/19) a “30 day notice to leave premises”

Is that legal?

Joseph Jaap
Joseph Jaap answered on Dec 31, 2019

It could be considered a retaliatory eviction. Use the Find a Lawyer tab to retain a local real estate attorney to review the facts and advise you. An eviction is a permanent public record that can make it difficult to rent from a landlord who checks the records. So talk to an attorney to work... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: What happens when a move out statement is not received within the 30 days required by law?

Am I still liable to pay these damages?

Joseph Jaap
Joseph Jaap answered on Dec 30, 2019

If landlord sues you for the damages, you can counterclaim for failure to provide an itemized list of charges against your security deposit, and potentially recover twice the amount of the deposit, plus your attorney fees. But landlord might not bother to sue you, and instead, could just make an... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: DOES A 'NOTICE TO LEAVE PREMISES ' COME FIRST BEFORE EVICTION NOTICE?
Joseph Jaap
Joseph Jaap answered on Dec 26, 2019

Landlord first gives a Notice to Leave. If tenant does not leave, landlord then filed the eviction. An eviction is a permanent court record that can make it difficult for you to rent from a landlord who checks. So if you are leaving anyway, work it out with landlord to avoid having the eviction... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Is an Ohio lease agreement valid if it excludes the address, start date, and it is not signed by all named tenants?

The lease agreement was signed by one of three tenants named on the agreement in order to join a wait list for an apartment in March 2020. The landlord did not provide the address or start date on the lease agreement because they were not sure what units would be available at the time we would be... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 18, 2019

The landlord can sue the one who did sign. The court would then determine if the lease is valid with missing information and with a specific apartment not identified. It depends on what the lease says and all the circumstances in which it was signed.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My girlfriends mothers landlord is trying to evict them because he hates me and dont want me around is that legal?

I'm not on there lease or rental agreement in any way as I do not live there

Joseph Jaap
Joseph Jaap answered on Dec 11, 2019

It might or might not be a valid eviction, depending on what basis the landlord uses to file the eviction. The judge at the eviction hearing will decide. But an eviction is a permanent public record, that can make it difficult for them to rent from a landlord who checks the records. So consider... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Do I have to declare to the tenant that I am inspecting for issues if I'm there with permission already fixing items?
Joseph Jaap
Joseph Jaap answered on Dec 10, 2019

The law is not that specific. Here is Ohio Section 5321.05: "The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: How do i put my money in escrow for repairs not being done if county clerk states he doesn't own my house?

landlord has failed to do all repairs: ac/heat flooring, plumbing. There are mths that he will say pay me $300 TODAY. He will send an email confirming. I went to put my money in escrow and was told he is not the owner/landlord so it would be difficult to do that since the business that is listed no... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 10, 2019

Report the problems to the local building dept. If you don't have a lease or are month to month, give 30 day notice to terminate so you can move.

Check the address on the county auditor web site to determine who is the owner. If that owner no longer exists, then somebody has to own it....
Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: rough couple months was served eviction papers for 1 month late rent i have all said monies do i put in escrow

1 month late previous month to that i was 2 weeks late but have always paid and told landlord i had said monies i had to pull out of savings took a picture of the check monday and was served today i didn't deposit the check because of no answer on their end. I even sent a pic of the check which i... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 5, 2019

A landlord does not have to accept any late rent payments and can proceed with an eviction. The court will schedule the eviction hearing a couple weeks later, and if it orders an eviction, would typically give you 7 days to move. You possibly could delay the eviction by filing an answer to the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I am owner and have a 3yr tenant who am giving a 30 day notice can he appeal that if he has kids I am wanting to sell

He says heal appeal it and stay there for 90days free plus he has done alot of property damage

Joseph Jaap
Joseph Jaap answered on Dec 2, 2019

If he is causing property damage, file an eviction. The court will schedule the hearing a couple weeks later, and then give him 7 days to get out. There is no "90 days free." Use the Find a Lawyer tab to retain a local attorney to review the lease and the facts, and represent you in filing the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In the state of Ohio are there any laws against a home owner (ex fiance) throwing my personal belongings out in the rain

5 year relationship I paid 100% of down payment and closing cost. He is the loan holder. Do I have any rights? Other than being trusting and stupid. Can he just throw my belongings out and change the locks

Joseph Jaap
Joseph Jaap answered on Dec 2, 2019

If you name is not on the deed, then you were a tenant. You can sue him for wrongful eviction and the cost of the damaged property. You can file a claim in small claims court up to $6000. Check the local court web site for the forms and process.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my daughters landlord give her a verbal 14 day notice to move?

After they gave a 14 day verbal I let them know that I will look into renter's rights. They went to her 2 days later and said a utility will be disconnected in 3 days ( they are in the landlords name because they claim the property as their primary residence even though my daughter has rented from... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 21, 2019

If landlord does not follow the proper eviction procedure, tenant can sue landlord for wrongful eviction. If landlord turns off the water, tenant can report that to the local building dept., which might order landlord to turn it back on. If landlord files an eviction, that is a permanent court... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If renting a house in Columbus ohio with Attached garage can the landlord tell you can’t use the Garage

Renting a house and I ask him for the keys to the Garage he’s in her garage is off-limits can’t use it

Joseph Jaap
Joseph Jaap answered on Nov 20, 2019

It depends on how carefully the lease designated the premises that you are renting. If it does not specifically include garage, then it might not. If you can't work it out with landlord, use the Find a Lawyer tab to retain a local real estate attorney to review the lease and communicate with... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I am on the first floor and have a patio door and two windows that do not have functioning locks.

When a work order was placed, was provided wood blocks in order to secure the openings. Is this sufficient or are true functioning replacement locks required?

Joseph Jaap
Joseph Jaap answered on Nov 20, 2019

There is nothing that specific in the law. Advise landlord of the problem in writing, and if not fixed, you can start paying your rent into escrow with the local court. Check the court web site for the rent escrow process.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Does a landlord have to disclose to new tenant if there is prior flooding issues, a pre-existing condition, if you may?

I have had a flooding issues twice, consecutively, and I was notified by the other landlord (not our own), that the previous renter of our unit had multiple issues with the same flooding, and the landlord did nothing about it. She ultimately moved out due to the flooding. I'm trying to find out if,... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 18, 2019

Landlord does not have to disclose prior problems. If the problems continue and landlord does not fix them promptly, a tenant can give landlord written notice, and then start paying rent into escrow with the local court. Check the court web site for the escrow process.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: need to evict non lease, squatters from my property. refuseing to pay verbaly agreed rent. selling drugs from the home.

i let this family live there because they had lost their home due to being evicted, for non payment of rent, i found out after the fact. i want to sell the home/land/mineral rights, and walk away. we have no money for a lawyer, its just me and 4 children. any advice is appreciated.

Joseph Jaap
Joseph Jaap answered on Nov 18, 2019

Check with your local court and obtain the forms to give tenant a 3 day notice and then file for eviction. You don't need an attorney to do that if you own the property.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Imove into a new apt, infested with roaches, had to stay in a hotels. Should landlord reimburse me
Joseph Jaap
Joseph Jaap answered on Nov 13, 2019

Unfortunately, "should" is not a legal term. You can sue landlord in small claims court for the cost of the hotel. The court will determine if landlord breached the lease by not providing habitable premises and is liable to reimburse you. Try to work it out with landlord, or check the local... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Landlord will not offer our apartment for lease until all vacancies are filled. Conflicting w mitigating losses?

Apt complex pressured me into renewing our lease, with scare tactics, while we were shopping for a home. Now we are under contract and they will not break the lease. They say they cannot void due to fair housing act? I thought that was more for discrimination in leasing not breaking the lease. I... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 13, 2019

They do not have to offer an early lease termination. If you leave and stop paying, and they sue, they do have an obligation to mitigate their loss, but if they have other vacant apartments, the court would decide if they have to fill yours first, or all the other vacancies before yours.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Ohio on
Q: My son has a learning disability & is on a school iep. My landlord is using my sons disability as a bargaining chip

My son is on an IEP at school & before signing a lease, I asked the landlord, if we were good tenants, would there be any problems when It came time to renew, as I didn't want to have to uproot my child from this program. He assured me everything would be fine. My 3 year lease was about to end in 6... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 12, 2019

That is a difficult situation, made worse by the landlord taking advantage of you, but landlord has no legal obligation to renew a lease. And if there are no local rent control ordinances, landlord can raise rent on a new lease. If you are now on a month to month, either you or landlord can... Read more »

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.