Legal Question in Landlord & Tenant Law in Ohio

I asked my landlord is I could split my rent payment in 1/2 ,paying it twice a month. He agreed verbally. There was also damage to the ceiling at the same time due to what he felt was an ice dam,the hole in the ceiling remains 9 months later. He is now demanding late payment for the past 9 months. My rent agreement states that I can be charged a late fee after 7 days. I live in a duplex and my neighbor suggested that I pay twice a month like she had been doing without paying late fees. What are my rights here? I would have paid on time if he hadn't agreed to it.


Asked on 10/27/14, 12:56 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, if you can show the court that you had this verbal agreement with the landlord about paying rent every two weeks instead of once a month, then the landlord will not be able to collect for the late fees.

It seems to me that the strongest evidence you have is the conduct of the parties. What landlord would allow a tenant to pay rent in half measures twice a month for 9 months if that had never been the agreement?

Thus if you can show when you paid and when the payments were received (either by cancelled checks or receipts) then you should be in a pretty strong position on this issue.

As for getting the hole repaired, you might want to check out this portion of my website which deals with your remedies when landlords aren't fixing things around the place: http://www.ohiolandlordtenant.com/faq1.html

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Answered on 10/27/14, 8:58 pm


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