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Landlord's Guide to Ohio Eviction Law

Search inside Ohio eviction law kit!

Landlord's Guide to Ohio Eviction Law

by Eric E. Willison, Esq. and
Andrew J. Ruzicho II, Esq.
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List Price: $15.95
Your Price: $12.95
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All forms are current through the current year.
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Inside "Ohio Eviction Law Kit"

    Everything you need to do your own eviction in Ohio. Act now - don't lose another month's rent.
    • Sample 3 day Ohio eviction notice to vacate with detailed explanation
    • All required Ohio eviction forms and eviction letters
    • Sample Ohio eviction complaint with detailed explanation
    • Common eviction defenses tenants may assert and how to address them
    • Common misunderstandings concerning Ohio eviction law
    • Typical filing fees and other costs associated with Ohio eviction complaints
    • Time schedule involved in evicting a tenant
    • Pitfalls to avoid when evicting in Ohio
    • What will happen at the eviction hearing and beyond
    • Includes our audio guide to the Ohio eviction process and law!
    • Includes Ohio Eviction Law and Process
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Testimonials - Landlord's Guide to Ohio Eviction Law

After having obtained the eviction via your tutorial, we got your form for filing for default judgment and were debating whether to proceed. Our tenant had lost her job and cashed in her 401K. We didn't know how to go about finding out where the money from the 401K is or who her new employer is or will be and you have answered that question for us.

We always do check tenants thoroughly as is witnessed by the fact that this was the first eviction we ever had to do and the first loss of rents after 25 years of renting houses. You have really been a God-send. I can't thank you enough.
R. Tang


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Why purchase the Landlord's Guide to Ohio Eviction Law

    Landlords lose an average of 3.5 months rent because of delinquent tenants - often because they wait too long to start the eviction process. Courts costs in a typical eviction case run about $200.00. Attorney's fees run $300.00 and up for an eviction. Hiring a crew to perform a set out can cost $300.00. Damages done to the apartment can cost several hundred dollars.

    On average, every day that you wait to begin the eviction process will cost you $32.50. Our kit is only $12.95.


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More Better Together

Landlords Guide to Ohio Eviction Law Ohio Landlord Guide Ohio Sample Lease Ohio Eviction audio kit Ohio Eviction notice Rental Application

Or consider purchasing our complete landlord's kit - which includes

    1. the Ohio eviction kit - three day eviction notice, sample eviction complaint, step by step guide to filing an eviction;

    2. Three day eviction notice in Microsoft Word and Adobe Acrobat Reader pdf formats;

    3. Thirty day eviction notice in Microsoft Word and pdf formats for ORC 5321.05 violations;

    4. Sample lease (in Microsoft Word format for easy editing);

    5. Landlord's guide to Ohio landlord/tenant law;

    6. Landlord's guide to eviction process/law in audio format (mp3 format);

    7. Rental application in Microsoft word and pdf formats;

    8. Landlord and Tenant's Guide to Understanding Lease Provisions;

    9. Sample notice of intent to enter premises - Landlord to Tenant;

    10. Sample notice of Unhealthy or Unsafe Living Conditions Landlord to Tenant;

    11. Sample notice of Noise violations Landlord to Tenant;

    12. Rental receipt;

    13. Notice of Abandoned Personal Property;

    14. A free subscription to our bi-monthly newsletter on Ohio landlord tenant law;

    15. Sample Itemization of charges against security deposit Landlord to Tenant;

    16. Landlord and Tenant's Guide to Unlawful Evictions in Ohio

    all for only $29.95, for a savings of over $26.00 when compared with price of buying all products separately

Click on the cover of any ebook for complete description or to buy any one product separately



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Sample text from Landlord's Guide to Ohio Eviction Law

Introduction

There are two types of evictions a landlord may conduct against his residential tenants in the State of Ohio. One is the lawful process of eviction as set out in Ohio Revised Code Section 1923, and the other is an informal or "self help" eviction, which will get the pants sued off of the landlord if the tenant knows his or her rights. In fact, there is a special statutory section in the Ohio Landlord Tenant Act, Ohio Revised Code Section 5321.15 specifically forbidding not just "self help" evictions, but even threats of "self help" evictions, as well as cutting off utilities


and threats to cut off utilities. Landlords would be best advised to understand the legal eviction process and follow it carefully. A clause in the lease allowing for the landlord to take immediate possession upon a breach of the lease agreement will not be enforceable in Ohio.

Another thing to keep in mind is that this work only applies to tenants and landlords in a residential rental agreement relationship with each other. While evictions of business tenants in commercial property can be accomplished under these procedures (and in fact, they should be accomplished under these procedures to remove certain legal counterclaims by such commercial tenants), it is not strictly necessary to do a commercial eviction in the manner herein described.

Further, it should be noted that schools providing dormitory space to their students are not required to follow the processes in this eviction kit.

Breach of Lease Agreement or End of Right To Possession

The first thing that must occur before a landlord may initiate an eviction under the legal process in Ohio is the there must be a breach of the rental agreement or an end to the right of possession by the tenant. Examples of a breach of the lease might be the tenant's failure to pay rent, having an unauthorized pet or other occupant, or damage to the premises. Examples of the end of the right to possession would be the fact that the term of the lease agreement has ended without an agreement to renew, or that the landlord has decided to end a month to month tenancy. In any case, this triggering event is the first thing that occurs in the eviction process

Three Day Eviction Notice

Three-Day Eviction Notice Required to Be Posted Before Court has Jurisdiction

Once the triggering event has occurred, every eviction should begin with a three-day notice to vacate. The three-day notice to vacate tells the tenant what the problem is and indicates that you (the landlord) may proceed with an eviction proceeding against the tenant. The notice is a prerequisite to the eviction proceeding. Without receipt of it, the tenant can defeat the eviction proceeding because the court is without jurisdiction to hear the case in the absence of a properly served three-day notice to vacate.

Contents of the Three-Day Eviction Notice

We have put together a form to be used with this kit based upon three-day notices that has been successfully used to evict tenants in other court cases. The three-day notice should identify the premises the landlord seeks vacated, it should have on it the date that it was posted and the day that the landlord wants the tenant out by. But most importantly, there is a certain amount of statutorily mandated language which must not only appear on the face of the three day notice, but the text of the language must be set off from other language in the notice.

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Defenses To Eviction Actions

Problems at the Rented Premises

Tenants' favorite defense is to begin listing off all the problems that existed at the premises during the eviction hearing. This has no relevancy at the eviction hearing and the landlord does not have to address these arguments.

While tenants have multiple remedies if the landlord is not accomplishing his duties under Ohio Revised Code Section 5321.04 or is breaching some aspect of the lease agreement himself, normally, a tenant will not have followed the proper procedure in such situations. If conditions exist at the premises posing a threat to the health or safety of the tenant then the tenant must inform the in writing of the problem (note, some courts even require that this writing be served by certified mail).

After informing the landlord in writing, the landlord has the lesser of 30 days or a reasonable amount of time depending on the problem to correct the problem. If the landlord fails to do so within that time period, the tenant may place rent in escrow (provided they are current on rent) with the clerk of courts, sue to force you to make the repairs, or if the conditions warrant, terminate the tenancy. The only time that problems at the premises are relevant is when the tenant has followed this procedure and placed the correct amount of rent in escrow at the appropriate time.

Accepting Rent After Posting the Three-Day Notice to Vacate

Once the landlord has posted the three-day eviction notice to vacate, he cannot accept any future rent. Acceptance of past due rent after the three day eviction notice has been posted is fine, but rent for any time after the three-day eviction notice has been posted will waive the three-day eviction notice, thus removing jurisdiction from the court to hear the proceedings.

To illustrate by way of example, let's say the current month is March and rent was due on the first of the month. It is now the seventh of the month and the tenant has not paid rent for March yet. On the seventh of March, the landlord posts the three-day eviction notice to vacate. The tenant comes later that day and offers to pay the rent but not late fees. The landlord accepts the rent. Can the landlord maintain the eviction action against the tenant at this point?

The tenant can now argue that he has paid rent through the end of the month and is, not only current on rent, but has paid future rent. Furthermore, the tenant may argue that the landlord waived late fees by accepting the rent without them and by not demanding them at that time. The landlord may argue that the rental obligation for March had already become due, thus making his acceptance of rent for the month of March an acceptance of past due rent. But why get into this argument? If the landlord just doesn't accept any rent after posting the three-day eviction notice then he will not have to worry about this defense.

A far clearer example of accepting future rent would be where the landlord posts the three day eviction notice on March 15 after discovering an unauthorized animal at the premises, waits the appropriate time, and then files the FED Action. When April 1 rolls around, if the landlord accepts money for April's rent, then this is a complete defense to the eviction action as the court will find the landlord to have accepted future rent.

It is often hard to turn down money from a tenant. But if the landlord is serious about maintaining the eviction action and removing the tenant, these amounts must not be accepted. Most landlords refuse to accept any amount other than the full amount owing to resolve an eviction. Once an eviction has been filed, most landlords have already determined they no longer want the individual as a tenant and will not accept any money prior to the eviction.

The seminal case on a landlord's acceptance of future rent as a defense to the eviction is the cases of Associated Estates Corp. v. Bartell (1985), 24 Ohio App.3d 6; and Presidential Park Apartments v.. Colston,1980 Ohio App 4819 (March 20, 1980) Franklin Co. App. No. 79 AP 604, unreported. The seminal case on a landlord's acceptance of past due rent as not being defense to the eviction is the case of Graham v. Pavrini (1983), 9 Ohio App.3d 89.
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