Legal Question in Landlord & Tenant Law in Ohio

I have an eviction court coming up I am behind on my rent but I had to call the health department because of roach problems and the inpector found more violations. Can I still be evicted? And how long after court I would have to ove.


Asked on 1/23/13, 11:38 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, if you have not paid the rent, then the landlord can evict you regardless of conditions at the rented premises. If there are things at the apartment needing repair (like roach infestation) then the proper course for you to have taken would have been to send the landlord a letter describing the problem, and if he did not fix the problem with 30 days or a reasonable amount of time, whichever is sooner, then (if you are current on the rent) you can start escrowing your rent by paying it to the clerk of courts.

It is unfortunate that you got this information too late to have escrowed the rent, but the information may help you in the future. You may also be able to convince the landlord to work with you to stop the eviction if you offer to pay him a significant amount of cash at the hearing.

Otherwise, when you move out, you should document the condition of the premises by taking pictures (preferably a video) so that you don't get charged for damages you didn't do on top of the unpaid rent.

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Answered on 1/24/13, 7:28 am


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