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ohiolandlord
02-09-2006, 12:33 AM
Recently my landlord has put the house on the market, so he says it is sold, but no sold sign as of yet, the problem is , he is having the water turned off with three children in the house, and not only that , without any kind of legal forms, threw us out. I have no idea what to do, but it worries me sick as for the kids sake. Please help with any information as I will need to do something fast, its now friday, and water will be off monday, he only gave us notice as of 5pm when it was too late to do anything.

There really wasnt proper notice of the water being shut off, however, the only notice he gave was a verbal, we are aware that the notices he has given were not legal, and also with the eviction process. I am also in the middle of separating from my spouse as the landlord knows this. We were on a year lease, when it expired we assumed it was month to month. I am trying to move out , to which the landlord knows my situation but still is harassaing about it, such example as with the water. We really do not know if the house is sold or not, as he stated it was and that we had thirty days to move, but this was only a verbal, then he writes it on plain peice of typing paper that is a copy. So if Im reading this right,I dont think he has done anything legal, ?? Im just confused as to what to do.

The water bill has been in his name, which we paid, as he stated when we moved in here that our city would not allow tenants to have water in their name. Now the problem is, the water bill has not been paid , and not sure if its the husbands fault as we are separating or if it is the landlords fault. He has stated to me, that the house has been sold, but still no sold sign and the only eviction i received was not from a court, only from him on plain paper, and a copy.The landlord also knows that I am in the process of leaving him and applied for new place, he seems to be ok with it tells me its not my fault, but if the house is sold, and i cant get into my new place till the end of the month . I dont know what other kind of information that you need, but let me know as I can do the best that I can with information Thanks

In Ohio, much depends upon the type of lease that you have. If you are on a month to month lease, then either party can terminate that lease agreement by following the procedures in Ohio Revised Code Section 5321.17. But that takes at least 30 days, and usually more. You can read up for free on how that process works in our FAQ section at http://www.ohiolandlordtenant.com/faq20.html.
It should be noted that a landlord can change the terms of a month to month lease using the same process, so if he no longer wants to pay for water, then so long as he gives you the proper notice, then you will have to start paying for water at the end of the notice period if you wish to stay there. But if the landlord makes it impossible for you to even set up an account to get water, that would be a violation of Ohio Revised Code Section 5321.15.

If you have a lease agreement for a set period of time which has not yet expired, then the neither the new owner nor the old owner can terminate that lease agreement before it has ended unless you breached it.

Either way, the landlord must still go through the statutory eviction process if he wants you out and you don't want to go. A good description of that process can be found for free in our FAQ section at http://www.ohiolandlordtenant.com/faq2.html

To learn about more of your rights as a tenant in the state of Ohio, you may want to download our book online at http://www.ohiolandlordtenant.com/all.html

Whenever you do leave this place, you will want to take pictures or (better yet) a video of its condition so that the landlord cannot say you damaged it or left it dirty.