Legal Question in Landlord & Tenant Law in Ohio

Re: Do I owe my landlord anything?

Eviction (unlawful detainer) is an action to recover the possessory interest in real property held by a tenant who breaches the rental agreement somehow.

I am not licensed in Ohio, so perhaps some attorney there will read this and chime in to give the state interpretation there.

But this is general enough I think I can help you a little bit.

An Ohio court does not have jurisdiction over you unless and until you are served with a summons and complaint. If that happens, you should lawyer up. Getting an attorney is a lot cheaper in the long run than having your credit ruined with a judgment, and it is cheaper and easier to aviod a judgment than to have it vacated.

It is possible to evict someone who vacated the premises with notice, but (big but) it is not possible to evict someone who is not in possession of the premises at the time of the service of the summons and complaint.

If he gets a valid judgment (not possible under these circumnstances) he can turn it to collections, and they can report to the agencies.

There are credit bureaus who track rental history. Use Google for tenant credit screening eviction history, see what you find. There is one in Anacortes.

Don't hesitate to call or email if you need more help. Elizabeth Powell

Re: Do I owe my landlord anything?

Do I read your post correctly that he is withholding your security deposit because you were required to give notice by December 23 instead of December 25? (i.e., only gave 28 days notice instead of 30). If you paid for the entire month of January, than you paid not only for 30 days after you gave notice, but for nearly an extra week as well. If I am understanding the facts correctly, then he cannot withhold your security deposit.

You can and should sue him first, though I understand the difficulty given your current location and suit would have to be filed where the property is located. The applicable statute is too lengthy to recite here, but can you view it for yourself at the following address: http://codes.ohio.gov/orc/5321.16 (procedures for security deposits). If you simply want to ward off a suit, write the landlord and cite the relevant portions of Ohio Revised Code section 5321.01 and, if applicable, demand not only your security deposit, but any accrued interest.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.