Landlord Tenant Overview of the Ohio Eviction Process
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- čas přidán 7. 01. 2013
- This video provides an overview of the Ohio Eviction Process for evictions involving residential tenants not in subsidized public housing. For more information you can go to our website at www.ohiolandlordtenant.com.
For help with Ohio evictions, please feel free to call me at 614.580.4316 or you can call Andrew J. Ruzicho at 614.447.2365.
Ohio evictions start with a breach of the lease agreement by the tenant. The landlord then posts a three day notice to vacate upon the door. The landlord can then file a forcible entry and detainer action with the court and a hearing is set to determine who has the right to possession. If the landlord wins possession at the hearing, then the court will award a writ of restitution and a praecipe for set out upon application by the landlord. The Bailiff will then meet the landlord at the premises for the set out and the changing of the locks.
Please understand that this video and the information herein apply only to evictions in the State of Ohio. Other states may have similar or different laws. Consult a lawyer if you are in doubt as to your rights. - Jak na to + styl
Mr. Eric !!!!
The Man, The Myth
*** The Legend ***
thank you for the educational information.
Thank you . Your information are really helpful.
thank you for the information Eric!
Thank you so much for this video … quick question . My tenant is growing weed against my permission OUTSIDE… not only that but had the guts to kill my lily’s and plant on the ground inside city limits for anyone to grab … cops are saying now that since weed is legal I have to go to civil court ! What do I do ????
What if there is damage done to the property?I am going through this now.I do have pictures of damage that was done before the moved in and I gave them 2 months free rent to repair the damage.
Sorry to be so long in posting this reply. The Landlord can sue the tenant for damages to the rented premises beyond normal wear and tear. However, paying an attorney $200 per hour or more to get a judgment against the tenant may not be feasible for two reasons.
First, the amount you are suing for might not be as much as what you pay your attorney in legal fees.
Second, if the tenant can't pay rent on time, what are the chances you will be able to take your court judgment and garnish money from a bank account or paycheck to collect. Even if you do the tenant might declare bankruptcy and could prevail upon discharging that debt.
Taping a letter to the door is not due process
Exactly
Very true, but the statute in question, Ohio Revised Code Section 1923.04 states that posting the door with the three day is required before the eviction can be filed and then served upon the tenant. codes.ohio.gov/orc/1923.04
I have the same question what if you pay off your balance before court?
Once you violate the lease terms by missing a rent payment, the landlord is not obligated to accept any back payment prior to or during the eviction process. If he does accept it and your lease has not expired, you can argue that you are current in your rent and there are no other causes to evict you. If you can prove that the landlord has accepted late payments in the past, the eviction is even more likely to be dismissed because there has been a precedent of leniency established.
How do you file if the person is a guest who refuses to leave?
Thx for the info....Do you practice in cleveland?
did you read the article? yes he does per the paragraph s
Disabled veteran living in Xenia Ohio in a home where the landlord has intentionally let the Wastewater and sewage drain into the crawl space causing black mold. I'm being treated at the VA for black mold. There's no resources in Ohio to help people in this situation. The landlord gave a 3 day notice for non-payment of rent 3 days ago and I was unable to pay the rent into escrow mainly because I've spent so much money trying to fight the black mold and find a new place to live even though Lee tornadoes made it nearly impossible to find a rental. Do you have any suggestions? Can the landlord file for possession and come up with a 24-hour notice to vacate
My suggestion? Move.
I have a question
If u have a issue with ur landlord due to a out of control child (he wasn’t handling the divorce well) and face eviction but move (as the letter stated. 7 days to move or eviction will begin) It’s been 10 yrs since then and my child is now 25 married in the military and doing wonderful.
My question is can the landlord keep me from moving back to the apartment complex now that it’s been 10 yrs and my son is obviously a adult and doesn’t live with me anymore.... My mom is dying and this particular apartment complex is the only one near her rural area hospice.
Plz answer
Btw
My rental history is perfect. No write ups or missed rental payments... Get along very well with my current landlord and neighbors.
Not many apartment complexes keep the same rental management company for more than a few years, and not many people work at the same apartment complex for more than a few years. So they likely won't remember you. But they do have a right to rent to whomever they wish unless it is for discriminatory reasons like age, religion, sex, race, etc.
What if you pay off your balance before you go to court? Do you still have to go?
Exactly what I was wondering.
If the landlord accepts money for future rent after posting the door, that waives the three day notice and the eviction action must be dismissed for lack of jurisdiction. Some Ohio Appellate districts (like the 10th) allow for landlords to accept past due rent after posting the three day. Other Ohio Appellate districts follow the Fifth district's ruling that any money accepted after the posting of the three day notice on the door waives the three day notice.
What if the landlord threatens to change locks and throw your stuff out before filing the eviction? I’m already getting a protective order due to police advice for his threats made over past few nights
Ohio Revised Code 5321.15 not only prohibits a Landlord from trying to displace a tenant by any means other than the statutory process set out by R.C. 1923.04, (called "self help evictions"), it even prohibits threats of a self help eviction. The Landlord must go through Ohio revised code 1923.04.
I'm homeless, the landlord illegally evicted me and illegally raised the rent in the middle of a year to year lease, I talked to the mayor about it, and legal aid and section 8 allowed it to happen, I'm on section 8 and they are saying I won't be able to get a extinction, my son had lead poison from the house, the 2nd year of living in the house, found out from doing my own test, I took the paint to health department and the health refuse to give me the results of the positive test, department of health, legal aid and home equal opportunity and section failed me and my children and now we are homeless, in a hotel that's expensive, my furniture is ruined from the rain, I need help please.
Sounds like you need to move. Problem solved.
@@pkd.81 help me do that
@@whyistheworldcrazy8316 Help yourself. It will be more rewarding.
@@pkd.81 harsh advice, but I was already working on that.. ! Thanks for your words! ✌️but I didn't come here for that!
GOD'S LAW IS WATCHING 👁️,IT DOESN'T MATTER ANYMORE💯‼️✌️⚖️🎯