ohiolandlord
02-09-2006, 05:47 PM
If I am evicted for non payment of rent, can the landlord sue me for the past due amount or is he outta luck?
______________________
In Ohio, the landlord can both evict and sue for past due rent. There used to be a split in legal authority over this issue in the several Ohio Appellate Districts, with some following the case of Cubbon v. Locker which held that an eviction is an election of remedies, and therefore the landlord cannot also sue for the remaining rent due. But Briggs v. McSwain held that the landlord can sue for both.
The Ohio Supreme Court finally made a ruling, overturning Cubbon and affirming Briggs.
You can read up on more of your rights as a tenant in Ohio by downloading our book online at http://www.ohiolandlordtenant.com/book.html
______________________
In Ohio, the landlord can both evict and sue for past due rent. There used to be a split in legal authority over this issue in the several Ohio Appellate Districts, with some following the case of Cubbon v. Locker which held that an eviction is an election of remedies, and therefore the landlord cannot also sue for the remaining rent due. But Briggs v. McSwain held that the landlord can sue for both.
The Ohio Supreme Court finally made a ruling, overturning Cubbon and affirming Briggs.
You can read up on more of your rights as a tenant in Ohio by downloading our book online at http://www.ohiolandlordtenant.com/book.html