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View Full Version : Wrongful eviction and I don't know where to go for help


monab90912
Nov 7, 2011, 06:13 PM
I live in Ohio, and my landlord has given me a 3 day eviction notice for rent and it is not even past the couple of days before you get penalized.

She walks into my house whenever she wants, so I keep my door locked now. She has switched the electric from my name to her name, charges me 10 dollars extra a month for having a washer and dryer, and has stated she will take my possessions if I don't leave.

I don't have a chance to even pay my rent because she wants me off the premises. Is this legal, because I thought she would have to give me more time if it isn't a pay or quit eviction?

JudyKayTee
Nov 7, 2011, 06:17 PM
Here is an excellent, comprehensive site which will answer all of your questions - Eviction — Ohio Legal Services (http://www.ohiolegalservices.org/public/legal_problem/housing/landlord-tenant-issues/eviction/qandact_view)

You can't be evicted for failure to pay rent if you HAVE paid your rent within the time frame.

Do you have a lease or are you a month-to-month tenant?

monab90912
Nov 7, 2011, 06:22 PM
I have a lease with her

JudyKayTee
Nov 7, 2011, 06:22 PM
She cannot evict you UNLESS you are acting outside the lease - doing something you shouldn't do or doing something you should not do.

CliffARobinson
Nov 7, 2011, 06:23 PM
The following comes from an Ohio Landlord Tenant Handbook (http://www.ohiolegalservices.org/public/legal_problem/housing/ohio-landlord-tenant-law-what-you-should-know/ohio-landlord-tenant-law-what-you-should-know) created by the Ohio State Legal Services Association.

When was rent due?
Has the landlord ever accepted late rent payments in the past?
Has the landlord told you she would not accept them in the future?
Were you given a 3 day pay or quit notice?

Read the manual, it describes the process of eviction and what you can do to handle the situation appropriately.

ballengerb1
Nov 7, 2011, 06:23 PM
"3 day eviction notice for rent and it is not even past the couple of days before you get penalized." This tell me you were actually late with your payment, just not late enough for a penalty. The notice is totally allowed and correct, the LL is putting you on notice to not be late. Does your lease allow her to charge an extra fee, if not just don't pay it. Only pay what is in writing in your lease. If you don't leave AND don't pay the rent then she can seek an eviction via the courts, may take a month. She can not legally take anything you own just because you are late. Are you sure you really want to stay around this LL?

ScottGem
Nov 7, 2011, 06:36 PM
What she has given you is not an eviction notice but a vacate notice. Your rent is due on the date specified in the lease, NOT the date at which penalties accrue. If rent is not paid by the date specified in the lease, then the landlord CAN serve you with a pay or quit notice. You then have 3 days to pay or vacate.

On the other hand, if the lease specifies the electric be maintained in your name, she can't change that. Nor can she charge you additional fees that are not specified in the lease.

If you do neither, then landlord then has to file for an eviction order through the courts.

Nor can she take your possessions if you don't leave, definitely not without a court order.

However, it appears she wants you out. Since you have a lease she can't get you out unless you violate the lease terms. But if she wants you out, tell her she can buy you out of the lease by giving you 2 months rent.

AK lawyer
Nov 7, 2011, 11:11 PM
... She has ... charges me 10 dollars extra a month for having a washer and dryer, and has stated she will take my possessions if I don't leave. ...

Was the $10 charge for washer and drier specified in the lease?

She can't take your possessions as a way to force you to leave.