Legal Question in Real Estate Law in Ohio

Eviction

I recieved an eviction notce stating I have 3 days to lerave the premises for nonpayment of rent. 2 days proir to that I received a letter from my landlord stating that they recievd my 700.00 payment ( my rent is 670.00) but they don't except partial payments and that I needed to send another cashiers check for the balance of 200.00 (late fee) They never gave me my cashiers check back but the said they don't accept partial payments. I gave them a cashiers check for the full rent amount plus part of the late fee. Can they evict me for not paying the entire amount of late fee? They are saying I'm being evicted for non payment of rent but they kept my money which fully covers my rent. Can I be evicted for that?


Asked on 1/04/02, 1:53 pm

2 Answers from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Eviction

The landlord has the choice of accepting rent or not(if it is late). Once the landlord accepts current rent he/she is precluded from filing an eviction.

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Answered on 1/06/02, 2:56 pm
Rick Sommer Law Offices of Rick J. Sommer

Re: Eviction

There are a variety of reasons you may be legally evicted, including non-payment of rent and/or breach of your lease agreement. I am struck by the amount of the late charge you mention ($200). There is caselaw in Ohio that deals with unreasonably high late fees. Please feel free to call my office to discuss this in more detail (513-563-3003).

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Answered on 1/04/02, 3:51 pm


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