Legal Question in Landlord & Tenant Law in Ohio

My 76-year-old and 90-year-old great aunts, which one is suffering from Alzheimers, is being evicted from their senior community home on the grounds of 'failure to maintain apartment in clean and sanitary condition and failure to use and occupy apartment in a safe, careful, and proper manner.' The problem with that is the apartment is clean: no debris ever lying around, no holes in the walls, no sewage or defication anywhere, and no pest problem. The only thing that may be of significance in that regard is the wear and tear and normal usage that would occur from living in an apartment for almost 7 years: stains on walls and stove from cooking, normal wear and tear on carpet from 7 years of usage, and the effects on a home from smoking cigarettes. Since my 90-year-old aunt whom has Alzheimers and needs an oxygen tank, my 76-year-old aunt does not smoke near her room and has said she will either stop smoking or will smoke outside. My question is do they really have the right to ask them to leave under those specific conditions especially when the conditions that are not clean and sanitary are not stated in the notice to leave. Also, there is a statement on the notice that says "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance," which I feel is specifically stating that they are not being evicted at this time. The notice was given on April 26, 2010 for them to vacate on or before June 1, 2010


Asked on 4/27/10, 8:26 am

1 Answer from Attorneys
Harold Paddock Harold Paddock Co. LPA

You should contact a local attorney or a senior citizen assistance agency right away. The notice you quote is a "Three day notice" which is the statutory start to the eviction process. If they don't move out in three days, the landlord can go to court. The problem may be the safety of the oxygen and not the absence of debris or filth. If the lease specifies the grounds for eviction, the landlord can use that, regardless of whether it is fair or not. In case the matter does goes to court, you might want to get some digital pictures to show that the apt. is clean. An attorney can use that as evidence. But get counsel now.

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Answered on 5/03/10, 1:23 pm


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