ohiolandlord
02-08-2006, 05:22 PM
*****Unlawful entry?
I was injured at work and had to go stay with a friend who is an STNA and lives an hour away. While I was there I received a message on my machine that was insulting from my landlord. He knew I was injured and he knew my job was fighting the wages part of by BWC he knew where I was and had the phone number. When I called about the nasty message he informed me he had entered the apartment and shut off my tv, cable box, lights that I had left on so there it appeared I was at home. There are 4 apartments here in a single house. When I asked him why he entered without me he said our lease said he could I told him a lease could not be contrary to O.R.C. plus the lease had run out long ago it was for 6 months and I have been here 1 1/2 and never signed another lease. I told him I felt violated and had no idea what he had done in my apartment. I came home early and could tell someone had gone thru my papers and such. When I asked him what emergency made him think he could enter without notice. He said cause my utilites are included in the rent it was an emergency because I was running up the electric. He filed an eviction and stated he had given notice. He and his attorney both know no notice was given and my friendwas on the other line when he admitted entering my apartment. My injury does not allow for alot of physical movement on my part. I feel violatewd and scared living here and will end up in my car if I can get it started. My question is since he violated Ohio Revised Code Section 5321.04(A)(8) what judgemnt should I ask for in my counterclaim? My hearing is August 8th. What can he be charged with? The police told me it was a civil matter even though some paperwork was missing and he had actually taken some of my crafting supplies. Rena 7/16/04
*****In Ohio, the landlord must give reasonable notice (presumed to be 24 hours) to enter and inspect the apartment unless there is an emergency. I doubt that a court would see the electric being on while you were gone as an emergency. But if he says that he called 24 hours prior to the entry and could not get ahold of anyone, then the court might allow the entrance because the notice was "impractical" under another of the code sections.
If you haven't paid the rent, then if there are no procedureal issues with the eviction, then it will be difficult to defeat the eviction. But if he took your crafting supplies, then you can definitely file a counterclaim for the value of the missing items. Eric E. Willison 7/16/04
*****I knew the eviction would be impossible to stop but as far as him knowing how and where to contact I can prove that he had called me at my home and left a message and also had the number where I was staying. By his comments, until he got to an attorney, he actually thought he had a right to enter. Thanks much for your thoughts. I am a paralegal but find it hard since I am so involved to research the issues. I just get to upset. Hopefully I can regroup and my landlord who is a pastor and signed the eviction as "pastor" will get a message from God to be honest. I have to have a sense of humor or I will lose my mind. It is hard to sleep and stay here being afraid of him coming in but I physically financially cannot move right now. I will be packed and out before the hearing. Who knows where. Rena 7/16/04
______________________________
please see our article on unauthorized entries -
http://www.ohiolandlordtenant.com/entry.html
I was injured at work and had to go stay with a friend who is an STNA and lives an hour away. While I was there I received a message on my machine that was insulting from my landlord. He knew I was injured and he knew my job was fighting the wages part of by BWC he knew where I was and had the phone number. When I called about the nasty message he informed me he had entered the apartment and shut off my tv, cable box, lights that I had left on so there it appeared I was at home. There are 4 apartments here in a single house. When I asked him why he entered without me he said our lease said he could I told him a lease could not be contrary to O.R.C. plus the lease had run out long ago it was for 6 months and I have been here 1 1/2 and never signed another lease. I told him I felt violated and had no idea what he had done in my apartment. I came home early and could tell someone had gone thru my papers and such. When I asked him what emergency made him think he could enter without notice. He said cause my utilites are included in the rent it was an emergency because I was running up the electric. He filed an eviction and stated he had given notice. He and his attorney both know no notice was given and my friendwas on the other line when he admitted entering my apartment. My injury does not allow for alot of physical movement on my part. I feel violatewd and scared living here and will end up in my car if I can get it started. My question is since he violated Ohio Revised Code Section 5321.04(A)(8) what judgemnt should I ask for in my counterclaim? My hearing is August 8th. What can he be charged with? The police told me it was a civil matter even though some paperwork was missing and he had actually taken some of my crafting supplies. Rena 7/16/04
*****In Ohio, the landlord must give reasonable notice (presumed to be 24 hours) to enter and inspect the apartment unless there is an emergency. I doubt that a court would see the electric being on while you were gone as an emergency. But if he says that he called 24 hours prior to the entry and could not get ahold of anyone, then the court might allow the entrance because the notice was "impractical" under another of the code sections.
If you haven't paid the rent, then if there are no procedureal issues with the eviction, then it will be difficult to defeat the eviction. But if he took your crafting supplies, then you can definitely file a counterclaim for the value of the missing items. Eric E. Willison 7/16/04
*****I knew the eviction would be impossible to stop but as far as him knowing how and where to contact I can prove that he had called me at my home and left a message and also had the number where I was staying. By his comments, until he got to an attorney, he actually thought he had a right to enter. Thanks much for your thoughts. I am a paralegal but find it hard since I am so involved to research the issues. I just get to upset. Hopefully I can regroup and my landlord who is a pastor and signed the eviction as "pastor" will get a message from God to be honest. I have to have a sense of humor or I will lose my mind. It is hard to sleep and stay here being afraid of him coming in but I physically financially cannot move right now. I will be packed and out before the hearing. Who knows where. Rena 7/16/04
______________________________
please see our article on unauthorized entries -
http://www.ohiolandlordtenant.com/entry.html