Legal Question in Landlord & Tenant Law in Ohio
i live in the city of cleveland ohio and i do not have a written lease with my landlord. my landlord says that we have a verbal agreement stating that if rent is not paid in full by the 3rd he can put my stuff out and change the locks due to the fact that he rents me my apartment as a hotel is rented where if your bill is not paid they put you out.
my 1st question is does a verbal agreement count in a court and my second question is what are my rights if he accepted partial rent?
1 Answer from Attorneys
In Ohio, relations between landlords and tenants are covered by the landlord tenant act of 1974. That act has a provision in it, Ohio Revised Code Section 5321.15 which prohibits landlords from engaging in what are called "self help" evictions where the landlord, without filing for eviction, merely changes the locks and throws out the tenant's things.
While a verbal agreement may be binding upon both parties just like a written agreement is, Ohio Revised Code 5321.06 prohibits any term in a lease agreement (written or verbal) which is inconsistent with the rest of the landlord tenant act. Since an agreement wherein the landlord can toss you out without using the statutory eviction process would be inconsistent with Ohio Revised Code Section 5321.15, then the court would not enforce such a verbal agreement in the landlord's favor, even if you and the landlord did agree to it.
You would be best advised to make a video recording (and keep that video somewhere safe outside of your apartment) of all of your possessions in case you come home one day and find that all of your stuff is in the dumpster. Further, you would be wise to track down receipts for any items you can now rather than later when all of your records are gone. Further, I would sent the landlord a letter telling him that self help evictions are illegal in Ohio despite his theory that he can operate like a hotel. Keep a copy of that letter safe somewhere as it will put additional sting on the landlord in the eyes of the court if he tosses your stuff.
Lastly, you should take any item that has sentimental value (like a high school yearbook or family keepsakes) and store them somewhere out of the apartment. Even if the court finds that the landlord wrongfully threw out such stuff, you will not be given the sentimental value of the item, only the value that the item would have sold for at a garage sale or on ebay.
If you have anything in writing from the landlord where he is telling you that he can lock you out without an eviction, you will want to put that writing in a safe place too.
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