ohiolandlord
03-28-2006, 01:40 PM
There comes a time when an Ohio landlord may wish to regain possession of a residential apartment he has rented to a tenant. The only proper way to do this if the tenant refuses to leave is to file a statutory eviction action pursuant to Ohio Revised Code Section 1923.04. But some landlords take grave risks by trying to force the tenant out without the required legal process.
A "self help" eviction occurs when a landlord takes back possession of the rented premises without the permission of the tenant, and without resorting to the required legal processes. Where residential rental housing is concerned, self help evictions are illegal, pursuant to Ohio Revised Code Section 5321.15. Thus you cannot simply change the locks while the tenant is gone and throw all of his stuff into the dumpster behind the building. If a tenant can prove that you violated Ohio Revised Code Section 5321.15, you can be subject to a lawsuit for the tenant's actual damages and attorneys fees.
The statute also prohibits a landlord from shutting off utilities in an effort to make the tenant leave, even if you don't lock the tenant out. Some landlords make the mistake of turning off the water at the main or shutting off the power and ***uming that since they have not actually excluded the tenant from the premises by locking him out, they are in the clear. But the statute specifically prohibits shutting off utilities in order to force a tenant out.
Further, a landlord cannot even threaten to lock the tenant out or shut off utilities. The statute clearly states that threats of a self help eviction are a violation of Ohio Revised Code Section 5321.15.
Further, the statute prohibiting self help evictions applies to tenants who have the right to occupy the premises and to tenants who no longer have the right to possession. So it is no defense to go to court on a 5321.15 lawsuit and tell the judge that the tenants were behind on the rent. If the tenant is in possession of the premises, you want him out, and he won't leave, you have to go through the statutory eviction process.
What is a tenant likely to recover if you violate this section of the law? The Court may award the value of the tenant's belongings (this could be tens of thousands of dollars if the Judge believes the tenant on what was removed). Judges will often not require a great deal of proof of the value of the lost items from the tenant because things like receipts and other proof would have been thrown out in the lock out.
You should also keep in mind that a claim for relief for violation of Ohio Revised Code Section 5321.15 may not be the only claim for relief in the lawsuit against you. You can also be sued for the common law intentional torts of conversion (the exercise of control over an item in a manner inconsistent with the rights of its owner which permanently deprives the owner of its value); tresp*** to chattels (the exercise of control over an item in a manner inconsistent with the rights of its owner which temporarily deprives the owner of its value); and tresp*** (the unlawful entry upon the property of another enjoying right to possession). Since these claims for relief are intentional torts, if the court finds liability and awards any actual (or even nominal) damages, the court may award punitive damages to the tenant as well as attorneys fees.
continued at http://www.ohiolandlordtenant.com/self_help_eviction.html
A "self help" eviction occurs when a landlord takes back possession of the rented premises without the permission of the tenant, and without resorting to the required legal processes. Where residential rental housing is concerned, self help evictions are illegal, pursuant to Ohio Revised Code Section 5321.15. Thus you cannot simply change the locks while the tenant is gone and throw all of his stuff into the dumpster behind the building. If a tenant can prove that you violated Ohio Revised Code Section 5321.15, you can be subject to a lawsuit for the tenant's actual damages and attorneys fees.
The statute also prohibits a landlord from shutting off utilities in an effort to make the tenant leave, even if you don't lock the tenant out. Some landlords make the mistake of turning off the water at the main or shutting off the power and ***uming that since they have not actually excluded the tenant from the premises by locking him out, they are in the clear. But the statute specifically prohibits shutting off utilities in order to force a tenant out.
Further, a landlord cannot even threaten to lock the tenant out or shut off utilities. The statute clearly states that threats of a self help eviction are a violation of Ohio Revised Code Section 5321.15.
Further, the statute prohibiting self help evictions applies to tenants who have the right to occupy the premises and to tenants who no longer have the right to possession. So it is no defense to go to court on a 5321.15 lawsuit and tell the judge that the tenants were behind on the rent. If the tenant is in possession of the premises, you want him out, and he won't leave, you have to go through the statutory eviction process.
What is a tenant likely to recover if you violate this section of the law? The Court may award the value of the tenant's belongings (this could be tens of thousands of dollars if the Judge believes the tenant on what was removed). Judges will often not require a great deal of proof of the value of the lost items from the tenant because things like receipts and other proof would have been thrown out in the lock out.
You should also keep in mind that a claim for relief for violation of Ohio Revised Code Section 5321.15 may not be the only claim for relief in the lawsuit against you. You can also be sued for the common law intentional torts of conversion (the exercise of control over an item in a manner inconsistent with the rights of its owner which permanently deprives the owner of its value); tresp*** to chattels (the exercise of control over an item in a manner inconsistent with the rights of its owner which temporarily deprives the owner of its value); and tresp*** (the unlawful entry upon the property of another enjoying right to possession). Since these claims for relief are intentional torts, if the court finds liability and awards any actual (or even nominal) damages, the court may award punitive damages to the tenant as well as attorneys fees.
continued at http://www.ohiolandlordtenant.com/self_help_eviction.html