How to Beat an Eviction by Private Owner in Ohio
These landlords that reject the common laws are usually the types whom depend on income from renters as part of their monthly income, as opposed to supplemental income. In other words, property leasing is not a business to this type of landlord, and it’s likely that he/she does not pay taxes on the money collected for rent, or invest a portion of the rent to maintain and/or make repairs to the property, etc. Beware of this type of landlord! He/she is interested in reaping the benefits of collecting the monthly rent, rather than operating a business. This type of landlord is quick to file an eviction against renters because they are greatly inconvenienced. This type of attitude could prove to be disastrous and embarrassing for both parties should you fall on hard times and be unable to pay your monthly rent.
There are very few reasons or acceptable justifications for not paying your rent on time. However, it’s not uncommon for a family or young single to fall on hard times. If you know that you are not going to be able to meet your monthly obligation with your landlord due to unemployment, health problems, or some other unforeseen circumstance- let him/her know immediately in writing! Document your circumstances and try to make a payment arrangement that you can adhere to. If you are uncertain about your future financial situation, include that information and try to make a long-term payment arrangement with your landlord.
Should your landlord agree to work with you without making an addendum to your original lease, an implied contract is created. An implied contract, in many Ohio courts, takes precedence over a previous written contract. For example, your lease should clearly state the terms of paying your rent late. There is usually a “late fee” associated with late payments. If you’ve made late payments for several (more than two) consecutive months and your landlord continued to accept your late payments, this deed, or action, implies that it’s ok with your landlord for you to pay late.
If your landlord is serious about operating a property leasing business, he may send you a letter demanding that you comply strictly with the terms of lease. Before that occurs, you should be in a position to either pay your rent on time or vacate the premises. It’s not likely a judge will dismiss an eviction case against you if the landlord can prove an attempt to demand strict compliance of the lease, even after trying to work with you through your hardship.
The worst thing you can do is just stop paying the rent. Never do this unless it is an absolute emergency. Not paying your rent on time or at all shows how you were irresponsible, even if it wasn’t something you could control. Work with your landlord, not against him or her, and you will see that things work out much better.
The Ohio Landlord Tenant Law contains language regarding the security deposit and the annual interest earned the on the excess. Ohio law calculates interest to be paid to a tenant at 5% annually. A good example of “excess” on the security deposit is when the landlord requires $650.00 deposit and the monthly rent is $600.00. The interest owed to the tenant each year is $2.50. The excess may be the cost of a credit check or background check which the landlord hopes to recover by attaching the cost to your security deposit. However, if this cost is not clearly stated in the terms or the lease or on the receipt for your deposit, it may be viewed in Ohio courts as part of the security deposit. Your landlord’s dishonesty and/or ignorance can help you in Court, should your landlord file an eviction against you.
Clearly, the examples made here are indicative of an irresponsible landlord. Documentation, continued communication, and honesty on the part of the leaseholder are the keys to beating an eviction in Ohio courts. Uninformed renters can also find help at: http://mortizlaw.osu.edu and http://tenant.net.
