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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Some friends of mine were in financial trouble and a couple of weeks behind on their rent. They want to do the right thing, pay what was due to their landlord and get out because the area has been hit by a lot of break-ins (some violent) and there were drug dealers in the neighborhood. When they went to speak to their landlord about possibly breaking their lease (they wrote a letter) to move to a different apartment (not his) the landlord got very angry. He immediately posted a standard 3-day notice for them to vacate or pay, but they were unable to comply. Almost right away they were served with an eviction (Ohio-franklin county) notice (asking for back rent and fees only) and now they have no money for legal advice in forming a reply to the court. I've been trying to do a little research for them on the internet because they have no access right now. They have a place to move and a down-payment, but they're not sure what they can do about the court case. The main question I've been wondering about is can the landlord charge them with rent for the remaining term of the lease (which may be 5-6 months) if he's evicting them? If so, what can they do to help themselves here?
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#2 |
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Crime in a neighborhood is not a reason to break a lease. (Unless the LL is the one to commit the crime.) They had no right to ask to break a lease for this reason. When they didn't pay the rent, the LL no doubt served a 3 day notice. As soon as it expired, eviction can be filed with the court. OH is a no second chances state, meaning the tenant is not afforded an opportunity to fix the situation before the eviction. They have only the 3 days to pay up.
If they fail to pay up, he can charge them for the rent until the unit is re-rneted (although he must take reasonable steps to try to re-rent the unit), the advertising fees, agent fees if he uses one to find a new tenant, utilities that he will be held responsible for if they haven't paid them (normally this is the combined water bill), and any other unreimbursed monies that he suffers by way of their breaking the lease. Since OH has a 2 part eviction hearing and since they have already been served for this, they will have a judgment placed against them for this money. It will ruin their credit. (OH's 2 part eviction consists of the initial eviction hearing to get possession back and the set out on the street by the sheriff, and the 2nd part which is the money judgment for all monies owed. The LL will also likely ask for attorney and court fees and interest until the money is paid off.) Once this is filed and won, it will stay on their record for 10 years, and then can be renewed for another ten years. I suggest they take the down payment they have and pay this LL off before all this occurs. Once it is on their record, it will be very hard for them to find another LL who will accept them. |
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