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Ohio Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: We live in an OH duplex that is being sold. We have no lease. After year one they go M2M. Do we have any rights to stay?

The other tennant is new and has a lease until July of 2023. If the new owner wants to live in one half are we the one's that will be forced out? Our 13 year old is in special classes in this school district as well as counseling. It took a whole year to set up these badly needed services.... View More

Joseph Jaap
Joseph Jaap
answered on Nov 22, 2022

Without a written lease, a tenant is in a risky position. A month-to-month tenancy can be terminated by either tenant or landlord at the end of any rental period (typically the end of the month) by giving at least 30 days notice in writing to the other. If landlord gives notice, and tenant does... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a mental health illness and I want to break my lease less than 24 hours of moving in. Am I able to do so?

I took the keys on Friday November 11th around 3:30 pm and by Saturday the 12th at 11:00 am I told the property manager I wanted out of my lease. I signed a 12 month lease, and the place gives me severe anxiety to be in the unit, I haven’t moved all my belongings in yet, and I have 2 cats... View More

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

A tenant can try to negotiate a lease termination with the landlord, but the landlord doesn't have to agree. The tenant wouldn't have a good basis for termination, unless a court finds tenant was not mentally competent to sign a lease. A tenant is not required to move in, but if tenant... View More

2 Answers | Asked in Family Law and Landlord - Tenant for Ohio on
Q: How do I evict my 18 year old child

He doesn't go to school or pay bills.

Joseph Jaap
Joseph Jaap
answered on Oct 28, 2022

You give notice to terminate his tenancy, and if he doesn't leave, you proceed with an eviction. Use the Find a Lawyer tab to retain a local attorney to do the eviction.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My landlord hasn't had major repairs fixed and its been a month causing my bills to triple in price, and its unsafe

I have an old front door, and 3 of the glass panels broke and there's also a half inch gap in my door and its frame. She even sent me text message stating those panels have been cracked for years why did they break all of a sudden. Its causing my bills to increase and its getting colder and... View More

Nicholas P. Weiss
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answered on Oct 26, 2022

Deposit your rent with your local municipal court and seek an order compelling the landlord to make repairs. DO NOT STOP PAYING RENT, just pay it to the court instead.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord terminate a month to month lease immediately after receiving backrent from the Ohio cares act?

Cares act covered ally paid rent until October. I was just notified of this and I'm being kicked out now. Unethical?

Matthew Williams
Matthew Williams
answered on Oct 26, 2022

Either party can terminate a month-to-month lease for any reason (except for racial/religious discrimination) upon giving proper notice.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord who's a lawyer represent themself in court against their tenant
Matthew Williams
Matthew Williams
answered on Oct 24, 2022

Anyone can represent themself in court. Where landlords get in trouble is that it is unlawful for a person who is not a lawyer to represent anyone else including a corporate entity. So, if a non-lawyer landlord has created an LLC to manage the property, he or she cannot represent the LLC because... View More

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Ohio on
Q: My rent is going up every month & we’re being charged for gas when we don’t even use it Call me hard to text / type.
James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear that you're dealing with rising rent and being charged for a utility you don't use. That sounds very frustrating. Here are a few thoughts and suggestions:

- Review your lease carefully to see what utilities are included in rent vs. billed separately. If gas...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I need help figuring out what to sue my landlord for

He has not allowed me to have water service restored for almost 2 years has filed over 3 eviction and lost all of them. He has slandered my name so bad no other landlord will rent to me.

Nicholas P. Weiss
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answered on Apr 8, 2024

If you've had no water for two years and leave you can sue for constructive eviction. However, you have to actually leave to do that.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: As a landlord, do damages have to be repaired before giving an itemized estiment to tenant of deposit deductions?
Nicholas P. Weiss
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answered on Apr 8, 2024

No, but it really is best practice. Otherwise they can be fairly easily contested.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Question about rent increases

I moved into Senior Apartments a year ago. At that time my rent was $645 a month. Now we are getting a 5% increase bringing it to $677. However, I am told that my rent last year was a mistake and should have been $677 and now they want another 5% increase bring it to $711. Do I have to pay this... View More

James L. Arrasmith
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answered on Mar 31, 2024

In this situation, there are a few important factors to consider:

1. Lease agreement: Review your original lease agreement to see if it specifies the rent amount and any provisions for rent increases. If your lease clearly states that your rent was $645, then the landlord should honor that...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Ohio on
Q: Can t doctrine of unclean hands be used by a storage facility who offered a cure 2 breach but then refused to honor it?

I fell behind on payments to a storage facility after they more than doubled my monthly payment a few months into t lease but was able to come up with t money needed, including fees, before t auction. T mgr blocked my online account and refused to accept payment via cc by applying a clause for 3rd... View More

James L. Arrasmith
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answered on Mar 26, 2024

In the situation you've described, the doctrine of unclean hands could potentially be relevant. This legal principle suggests that a party cannot seek legal relief if they themselves have acted unethically in relation to the subject of the lawsuit. If the storage facility manager acted in bad... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord use an eviction notice in lieu of a written notice of failure to pay rent in Ohio?

Missed a rent payment, on the day it was past-due got an email from the property. Expected it to say I was late and would have three days to pay in accordance with state law and the lease. The landlord instead sent an eviction notice, stating I was to vacate the property within three days. Rent was... View More

Nicholas P. Weiss
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answered on Jan 11, 2024

A landlord may choose to give a three day notice upon failure to timely pay rent unless the lease says otherwise.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Ohio on
Q: My father passed away in early November 2023. I've filed with the probate court to be named administrator. What else?

theres another sibling involved who is still residing in the home and I need them out. Water and electricity are shut off and it is uninhabitable. How do I get them out of the house? What are my next steps?

Andrew Popp
Andrew Popp
answered on Dec 20, 2023

Here in Ohio the answer depends on a number of factors. Being appointed the administrator of the estate is a good first step. If the sibling has established residency you may need to commence eviction proceedings to get them to leave.

All in all, I recommend sitting down with a qualified...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: In Ohio Land Contract Law what would take precedence in a lawsuit. Would the Court follow the ORC or case law?
Todd B. Kotler
Todd B. Kotler
answered on Oct 16, 2023

Case law fills in the areas that are subject to interpretation within statutory law. Thus, the Court should follow both. This is why counsel is so important.

1 Answer | Asked in Family Law and Landlord - Tenant for Ohio on
Q: After living together and breakup can one keep the other from their belongings or put their stuff outside?
Todd B. Kotler
Todd B. Kotler
answered on Aug 31, 2023

There are too many unstated facts to answer this questions. Are the couple both listed on the lease? If so, absolutely not. Who is paying the Landlord? Is there a subtenant agreement? The answer to each of these impacts the rights of each. Generally, if both are paying then both have rights... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I want a property vacated by a tenant. What steps do I need to take?

I gave a verbal notification 50 days in advance. On day 44 of verbal tenant informed me that I had to give them a 30 day written. I did, that 30 days has now passed, what do I do next?

T. Augustus Claus
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answered on Jul 3, 2023

if a tenant does not vacate the property after proper notice, you can proceed with an eviction process. The next step would be to file an eviction lawsuit, also known as a forcible entry and detainer action, in the local court that has jurisdiction over the property.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: What are the rights of a tenant when the landlord dies? What are the tenants rights?

My family and I signed a lease agreement two months ago. Payed already $5000.00 to the landlord for two months rent, deposit and last months rent. The landlord suddenly passed away three weeks into the lease. He does have a unemployed wife that has said she must go fight for the property in probate... View More

Matthew Williams
Matthew Williams
answered on Jun 2, 2023

You need to sit down with a lawyer and review the lease, the will (if any exists and has been filed), and whatever other documentation you have of the financials to get a clear picture of who owns what at this point. Are you even sure she has a right to the property at all? There may be other heirs.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: What is the first move to getting someone who never paid rent and refuses to leave .

I have a friend who needed a place to stay due to she became homeless. I told her no in the first place but she showed up anyway . I felt bad and told her she could stay just a couple of days she said 4 . I said ok as long as she stuck to some simple rules. She agreed on it and promised all these... View More

Nicholas P. Weiss
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answered on Apr 5, 2023

If she's physically attacked you, call the police and have her removed and get a restraining order.

If that doesn't work, you will need to evict her and go through your municipality's eviction process.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I have a problem with pests (roaches) in my apartment. How long do I have to allow the property manager to "work on the

issue before I call it quits and move out? My lease states I cannot get out of my lease for any reason. What do I do?

Nicholas P. Weiss
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answered on Mar 18, 2023

In Ohio, a landlord has the sooner of "a reasonable time" or 30 days to correct any violations of which they are aware in writing before you can either 1) terminate the lease and move out; 2) escrow your rent or 3) sue for damages.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I have an unwanted guest in my apt I'm on ssi disability and I've asked him to leave he says no and Said evict him

My landlord sent out a letter saying anyone who lives with u needs to be on the lease I want the unwanted guest out tho

Nicholas P. Weiss
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answered on Mar 18, 2023

How did they become a guest? If you invited them to live with you, then you will need to go through the eviction process. If it's someone who just showed up then change the locks and call the police.

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