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park3395
05-27-2006, 05:59 AM
Two months ago I gave my landlord a 50-day notice of moving because by verbal agreement she agreed to rent the duplex out to the best of her abilities so that I could move out. The reason for this was because my noisy neighbors were keeping my son and I up. The police were called several times and also they were blocking me into my residence so that I could not leave to go places including work unless I borrowed a car. She told me to go ahead and look for another residence because a lady came over with her children to look at the duplex and she called me the next day to tell me the lady wanted it. So she gave me permission verbally to look at another place. I did and wanted the new place. When i called her back..she stated that she simply did not return the womans call and that she had lost her.
I went ahead an rented the new place and gave her a 50-day notice.
I did not pay her last months rent because she had my security deposit and did nothing from that point on to honor her agreement with me. Including giving me a attorney letter head letter statement that if the tenants next to me blocked me in the car would be towed based on a tow truck company she hired and that the sign was posted outside. I was blocked into my garage and could not leave. I called her she did not return my call and then i called the tow truck company she claimed she hired and the number was not a company. It was dicontinued with no further in formation. I moved out may 20th and gave a certified letter of the move out and a walk through with her she did not reply. I didnt not pay last months rent because i felt she had my security deposit that payed for more than the whole month i was there. She filed an evicton notice and I have an eviction hearing even though I had already moved out before the notice was sent. I also have proof that she had plenty of opportunity to rent the duplex out prior to me moving out and she never returned any of the calls. Can i fight her at this eviction hearing and what grounds if any can I argue on. How can you evict someone who already moved out and gave a 50 day notice?

ohiolandlord
05-29-2006, 12:53 AM
Either she is claiming you haven't completely moved out or is simply filing the eviction out of spite to hurt your credit and rental history. You need to file an answer and show up at court to tell the judge that you have already moved out. Your second hearing will address her damages claim.

I would suggest looking at this material

http://www.ohiolandlordtenant.com/fightkit.html

Trukindave
08-25-2006, 12:19 PM
In the near future, ALways submit those notices in writing..

Make a copy of such notice, Get it notarized, Then send it registered mail..

they cant say they never got it..