ohiolandlord
03-28-2006, 01:38 PM
A. Self Help Evictions
Ohio Revised Code Section 5321.15 prohibits what are known in Ohio as self help evictions. A self help eviction is when the landlord locks the tenant out and/or disposes of the tenant's property without going through the statutory eviction process listed in Ohio Revised Code Section 1923.04. Landlords who engage in self help evictions can be found liable for actual damages (the value of the items lost) and attorneys fees.
Such landlords also face common law claims for relief sounding in conversion, tresp***, and tresp*** to chattels. All of these are intentional torts, and at common law, can be a basis for an award of actual damages, punitive damages, and attorneys fees. Punitive damages can be in amounts which are designed by the courts to make an impression upon the landlord and dissuade the landlord from repeating such mistakes in the future. Thus if the landlord owns or manages a great deal of property, the court may award a large enough amount to make it hurt.
Thus it is clear that damages in self help eviction cases can be costly for the landlord. While tenants do face problems of proof (all of their receipts may have been destroyed along with their property) with the advent of computerization of credit card records and bank statements, it's not that hard to reconstruct the fact that certain purchases took place and for how much. Further, courts are somewhat sympathetic to the proof problems that tenants have in such situations as it was the landlord's misconduct which gave rise to the proof problem.
Even in a case where the tenant cannot prove his or her damages, a court can still award nominal damages to the tenant. Nominal damages are important because they can serve as a basis for an award of punitive damages and/or attorneys fees to the tenant. At today's rates, the tenant's attorneys fees can be an expensive proposition.
Further, even a win in court will not be without costs for the landlord, as the landlord's counsel does not work for free, and the time spent on employee hours to prepare for the presentation of evidence and to attend hearings can be considerable.
continued at www.ohiolandlordtenant.com/abandon.html
Ohio Revised Code Section 5321.15 prohibits what are known in Ohio as self help evictions. A self help eviction is when the landlord locks the tenant out and/or disposes of the tenant's property without going through the statutory eviction process listed in Ohio Revised Code Section 1923.04. Landlords who engage in self help evictions can be found liable for actual damages (the value of the items lost) and attorneys fees.
Such landlords also face common law claims for relief sounding in conversion, tresp***, and tresp*** to chattels. All of these are intentional torts, and at common law, can be a basis for an award of actual damages, punitive damages, and attorneys fees. Punitive damages can be in amounts which are designed by the courts to make an impression upon the landlord and dissuade the landlord from repeating such mistakes in the future. Thus if the landlord owns or manages a great deal of property, the court may award a large enough amount to make it hurt.
Thus it is clear that damages in self help eviction cases can be costly for the landlord. While tenants do face problems of proof (all of their receipts may have been destroyed along with their property) with the advent of computerization of credit card records and bank statements, it's not that hard to reconstruct the fact that certain purchases took place and for how much. Further, courts are somewhat sympathetic to the proof problems that tenants have in such situations as it was the landlord's misconduct which gave rise to the proof problem.
Even in a case where the tenant cannot prove his or her damages, a court can still award nominal damages to the tenant. Nominal damages are important because they can serve as a basis for an award of punitive damages and/or attorneys fees to the tenant. At today's rates, the tenant's attorneys fees can be an expensive proposition.
Further, even a win in court will not be without costs for the landlord, as the landlord's counsel does not work for free, and the time spent on employee hours to prepare for the presentation of evidence and to attend hearings can be considerable.
continued at www.ohiolandlordtenant.com/abandon.html