Eviction Issues
Eviction Issues
Whether a landlord or a tenant, it is important to understand your rights, the legal grounds for an eviction, and the proper steps that must be followed in an eviction proceeding. Failing to discuss these issues with a real estate attorney may result in a tenant being improperly evicted or a landlord having to begin the eviction process again from the beginning.
Leases may be oral or in writing. A written lease may have a termination date written in the lease or require the written notice be given. An oral lease is likely to be a “month to month” lease that requires that landlord to give the tenant thirty (30) days written notice prior to the monthly payment date before commencing an eviction action. After the lease has terminated, unless the landlord continues to accept rent, the tenant is improperly holding possession of the property. Once giving proper notice, the landlord can commence the eviction process. In addition to holding over, if the tenant has breached the terms of a written lease or committed one of numerous violations of tenants under Ohio statutory law, a landlord can commence an eviction action. But prior to filing an eviction complaint, the landlord must provide the tenant with what is known as a “three day notice.” Certain language required by Ohio law must be contained in the three day notice form for it to be valid. If the tenant fails to move out after three days, an eviction complaint may be filed.
Landlords also have certain obligations. In addition to those obligations contained in a lease, landlords also have obligations imposed upon them under Ohio statutory law. Should a landlord fail to fulfill his or her obligations, the tenant can provide the landlord with written notice to correct the violation(s) within a reasonable time (typically thirty days) or the tenant can terminate the lease.
An eviction complaint usually has two branches, one requesting that possession of the property be ordered to be returned to the landlord (restitution of the premises) and one for monetary damages. The branch for restitution of the premises is automatically set for a quick hearing. The request for money damages must be responded to by the tenant within 28 days after receiving the complaint or the landlord may obtain a judgment by default. At the hearing on restitution of the premises, if the tenant does not appear or fails to have a legal defense, the court will grant the landlord restitution of the premises; if the tenant does appear to possibly have a valid defense, the matter is set for a full hearing. A tenant’s loss of a job or inability to pay the rent is not a valid defense to the property being returned to the landlord. After being granted restitution of the premises, the landlord must file a writ of restitution. Some courts allow this to be filed immediately and some courts require a waiting period (for example 10 days). After filing the writ of restitution, a move-out date is set. On the move-out date, if the tenant still occupies the property, the court forcibly moves him or her out of the property. Some courts allow the landlord to keep any property left behind by the tenant. Some courts require the landlord to pay a deposit for a moving company to place the tenant’s belongings in storage. Knowing each court’s local rules and requirements are crucial to avoiding a misstep as one makes his or her way through the eviction process.
Finally, if a tenant believes that a landlord has broken a lease, a tenant cannot choose to withhold rent. If you want to continue occupying the property, you must deposit your rent with the court, in the manner set forth by statute, until the matter is resolved. If you fail to pay rent or deposit it with the court, regardless of the reason, the landlord can evict you. Speaking with an eviction attorney in advance, can help protect your rights as well as possibly avoiding a critical mistake that you may not be able to correct!
Please don’t hesitate to call us at (937) 293-2141 or email us by using our form below if you want to discuss any landlord/tenant eviction related issues. Additionally, we have an emergency phone number, (937) 760-4357, that is answered by one of our lawyers around-the-clock.
