Legal Question in Landlord & Tenant Law in Ohio

Our landlord/rental company has been causing us grief and has now acted in a manner that appears criminal and we are wanting to know our legal options. We have paid faithfully every month since we have been tenants. The other serious maintenance issues aside, we were informed in June that the company did not reflect our May payment and received a double invoice from them. I pulled a copy of the cleared check and sent it to them via e-mail to show that payment was made and was deposited by them. In July we received another more than double invoice and a notice that we were not compliant still stemming from the May payment. I went physically into the office to show them, again, and also sent the cleared check electronically, again. In August we received a formal notice from the corporate office that we were receiving a "2nd Notice" and that we needed to contact them or risk eviction proceedings. We both in person and electronically again discussed the matter with management and were assured, as in all previous cases, that the error was being taken care of. Now we have received a three-day notice to vacate based off of this same payment. We again addressed this with the management and have been assured that the issue has been resolved and were sent a formal notice that we are actually in a surplus on our rent payments. What they did not mention was that in order to make us "current" they took the already cleared check item that they had been provided written documentation of their receipt of and resent it to the bank four months after the initial clearing. To do this with confirmed knowledge that you have already received the funds would be considered fraud for an individual and I hold them to no less of a standard. Where do you think we stand?


Asked on 9/12/15, 10:44 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, relationships between landlords and tenants are governed by the Ohio Landlord Tenant Act of 1974, Ohio Revised Code Section 5321.01 through R.C. 5321.18. The lease agreement also controls the relationship to the extent that it does not conflict with the law.

If the facts are as you describe, then you don't have much to fear from an eviction based upon the failure to pay May's rent. You would need only show the court the cancelled check from that month and the eviction action would be dismissed. In fact, I would venture to guess that if you sent a copy of the cancelled check from May to the lawyer who filed the eviction, he would likely dismiss the eviction.

I doubt that your bank would honor a check that had already gone through. I would doubt this even more if you warned your bank about this problem. Further, if the bank did honor the already presented and paid out check again, the bank would be liable to you for giving out your money without your authorization.

Keep documenting your dealings with this landlord. Make sure that you always have a record to back up your side of the story because that is what wins in court in the end.

If you need an attorney to write your landlord a demand letter telling them to cut it out, you can reach me at [email protected]. I don't charge for an initial consultation to discuss your case and see if I can be of assistance.

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Answered on 9/12/15, 4:10 pm


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