Legal Question in Real Estate Law in Ohio
45 day notice; Landlord started moving our stuff out in 15 days
We have a lease that states.We have 45 days to leave the home that we are staying in.Upon written notice by tenent/landlord. On 8/25/97 we got a letter saying that she has new tenents moving in on 9/01/97 and asked us to be out.After looking we found a 1 bedroom apartmet that would be avialable on9/18/97(thats was the only thing open we could aford.)She got huffy due that she had made a prommise to the outher pepole that they could move in on the 9/01/97. On 9/21/97 she started moving our stuff out to the garage with out our nolage. On 9/24/97 she moved the other tenants in while we were still moving stuff out. she has called me a work every day since 9/01/97 on 9/24/97 she and the new tentents started moving our stuff out side. she also clames she is not held responsible to stolen or dammaged stuff that has been put out side.
5 Answers from Attorneys
Landlord Moving Property of Tenant
I am not an attorney who practices in your jurisdiction. However, in my opinion the landlord may have breached his contract with you and would be liable for damages. I strongly advise you to consult an attorney in your jurisdiction immediately. A landlord is prohibited from taking such action in Pennsylvania where I practice.
45-day moveout clause
You have an excellent case for suit against your landlord and the new tenants. Contact me by e-mail to discuss the particulars. Please provide the full address of the apartment where this all occurred.
Landlords Ineffective notice to vacate
Landlord appears to be guilty of illegal eviction. Consult a local atty. if this inquiry is real. Posted on 9-22-97 with stmt. that "moved new tenants in on 9-24-97"! Hard to know if there is a legitimate problem when no state jurisdiction is mentioned. Also inhibits response due to unauthorized practice of law in foreign juris. Stay with local atty.
Illegal eviction
In Mass. (and probably in OH), such action would be clearly illegal. Our "illegal eviction" statute (eviction without due process of law) gives not only a civil penalty (3 months of rent due from landlord to tenant) and there is a a criminal penalty as well -- s/he could go to jail.
While Landlord's in jail, maybe you'll move into that vacant home. (No, that's just a joke.)
Hire a local (in-state) attorney versed in this area of the law.
Options upon illegal eviction
This is an area controlled by specific state statutes. It is possible thatwhat the landlord did is criminal. You can seek criminal complaints,injunctive relief, or merely sue for damages.