Ohio Eviction LawPosted by Christopher Berkompas in Ohio
Note: I am not a lawyer, and this does not constitute legal advice.
What qualifies as a valid legal cause for a landlord to evict a tenant?
A tenant can be evicted for a number of different reasons:
- Failing to pay due rent.
- Staying on the premises after the lease has expired.
- Violating the lease in a way which the lease provides eviction as a penalty.
- Failing to fix situations which materially affect health or safety when the landlord gives him notice to do so.
What are the steps involved in performing an eviction?
To begin the action, the landlord must give the tenant a three day notice to leave the premises. If the tenant fails to do so, the landlord may then file a formal complaint with the court, and seek the tenant's forcible eviction if necessary.
The tenant will then be summoned to a hearing, at which both sides will present their evidence, and the court will issue a judgment. If it rules against the tenant, he will be given a limited time to move or be forcibly removed by the local sheriff. It is very important that this be done by the sheriff, not the landlord. Only officials of the court, such as sheriffs, can legally evict a tenant.
Are landlords required to give tenants the opportunity to remedy the cause for eviction in the event that they can do so by making repairs or paying damages? If so, how long do they have to fix the problem?
The tenant must have at least the three day notice period to fix the situation. Also, even if the case goes against the tenant, he may still be able to remain in possession by immediately paying all the court fees and back rent.
Do the rules surrounding eviction differ at all for government subsidized housing programs?
A tenant in public housing has significantly more protections than one in private housing from eviction.
Can a tenant be evicted for having a roommate?
Yes, if that roommate was not authorized by the landlord.
Can landlords legally deduct legal fees and court costs from the security deposit?
No. The tenant may be forced to pay these fees by the court, but the security deposit must be used only for actual damage to the property or towards back rent.
What happens when a tenant wins an eviction case that goes to court?
He may remain in possession of the premises until the end of the lease term, when the landlord may seek to lawfully terminate the lease if he wishes.
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