Legal Question in Real Estate Law in Ohio

Lockout

I recently gave my landlord 30 days notice. I have however not given her my last months rent. My lease says nothing about not using by security deposit for it. On 4/9 our washing machine hose busted, and cause considerable damage, carpet,floor, electrical, not sure about furnance( washer was on main floor off living room). My insurance says I'm not liable because I did not do it on purpose. She is upset with this. She has done nothing as of yet but argue with my insurance. We are now living in a hotel and are moving out this weekend. But because we have not paid our rent yet she wants to lock us out. Can she do that? I thought because of non payment she would have to evict us first.


Asked on 4/10/01, 6:34 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Lockout

If you have abandoned the premises the landlord can take steps to preserve his unit. If however, you have not abandoned the unit, then the proper method to terminate the tenancy is with an eviction and the landlord can not lock you out. If the landlord uses "self help" eviction he is subject to penalties.

Contact a lawyer to follow up.

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Answered on 6/15/01, 5:20 pm


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