One of the most frequent legal issues a landlord encounters is the non payment of rent. However, many landlords often handle the situation the wrong way and find themselves on the wrong side of the law or simply do not recover what is owed. We say this a lot because it is true, it is strongly recommended that you contact Attorney Schuman to discuss your particular legal matter before proceeding.

Generally, the lease agreement will govern the rights, responsibilities, and remedies of the parties if a tenant is late on rent or stops paying all together. For example, the lease should state the specific due date and provide for the assessment of late fees if a tenant is late on rent. A landlord should be cautious not to continuously accept late rent or accept late rent without collecting the applicable late fees because such course of conduct could be construed as a modification of the rental agreement. If the landlord decides to accept late rent both parties should sign a writing indicating acceptance of rent beyond the due date does not constitute a waiver or modification of the lease agreement. If a tenant is in breach of the lease agreement, the landlord may elect to initiate the steps necessary to evict the tenant. See the section How to file an eviction action below.

If a tenant damages the rental property, the landlord is entitled to recover the amount necessary to restore the property to its undamaged condition. Damages may constitute the amount to replace the item, appliance or fixture damaged by a tenant  (e.g. stained carpet) minus depreciation (for example if the damaged carpet was six years old the depreciated value will be subtracted from the recovery amount). A landlord can also recover the cost to repair property damaged by a tenant.

A landlord may elect to deduct its damages from the tenant’s security deposit. However, a landlord must ensure that deductions from the security deposit are made in compliance with the Ohio Landlord Tenant Act. If a landlord wrongfully withholds all or a portion of the tenant’s security deposit, the tenant may be entitled to recover double the amount wrongfully withheld as well as any attorney’s fees incurred to recover the deposit. It may be advisable to consult with a landlord tenant attorney before electing to withhold a tenant’s security deposit.

If the damages exceed the amount of the security deposit, hiring a lawyer to recover the money owed may be your best option.

 A landlord can use the statutory remedy of forcible entry and detainer to obtain restitution of possession of a leased premises if the tenant is in breach. In non-legalize, a landlord can use the Eviction process to regain possession of their property when a tenant has breached the lease agreement.  The Eviction Process is governed by Chapter 1923 of the Ohio Revised Code. There are very strict statutory requirements that must be followed to effectuate a legal eviction. If the correct procedures are not followed, the Court will refuse to evict a tenant. This means more time goes by without you getting paid and more time for a breaching tenant to stay at the property.

 

Before initiating the eviction process, a landlord must provide the tenant with proper notice. Generally a three day notice is required; however, there are other potential time periods that may apply depending on circumstances.  The three day notice must contain certain statutory language and also must be served properly. Following the notice period, the landlord must file an eviction complaint with the court. The complaint will include two causes of action. The first cause is for repossession of the property. The second cause is to recover any money owed by the tenant to the landlord.

If a landlord successfully obtains judgment for restitution of the premises, the tenant must voluntarily move out as soon as possible.  If a tenant refuses to vacate, the landlord may file for a writ of restitution.  The writ will give the court’s deputy bailiff the power and responsibility to physically move an individual’s personal belongings out of the premises. 

One of the most frequent legal issues a landlord encounters is the non payment of rent. However, many landlords often handle the situation the wrong way and find themselves on the wrong side of the law or simply do not recover what is owed. We say this a lot because it is true, it is strongly recommended that you contact Attorney Schuman to discuss your particular legal matter before proceeding.

Generally, the lease agreement will govern the rights, responsibilities, and remedies of the parties if a tenant is late on rent or stops paying all together. For example, the lease should state the specific due date and provide for the assessment of late fees if a tenant is late on rent. A landlord should be cautious not to continuously accept late rent or accept late rent without collecting the applicable late fees because such course of conduct could be construed as a modification of the rental agreement. If the landlord decides to accept late rent both parties should sign a writing indicating acceptance of rent beyond the due date does not constitute a waiver or modification of the lease agreement. If a tenant is in breach of the lease agreement, the landlord may elect to initiate the steps necessary to evict the tenant. See the section How to file an eviction action below.

If a tenant damages the rental property, the landlord is entitled to recover the amount necessary to restore the property to its undamaged condition. Damages may constitute the amount to replace the item, appliance or fixture damaged by a tenant  (e.g. stained carpet) minus depreciation (for example if the damaged carpet was six years old the depreciated value will be subtracted from the recovery amount). A landlord can also recover the cost to repair property damaged by a tenant.

A landlord may elect to deduct its damages from the tenant’s security deposit. However, a landlord must ensure that deductions from the security deposit are made in compliance with the Ohio Landlord Tenant Act. If a landlord wrongfully withholds all or a portion of the tenant’s security deposit, the tenant may be entitled to recover double the amount wrongfully withheld as well as any attorney’s fees incurred to recover the deposit. It may be advisable to consult with a landlord tenant attorney before electing to withhold a tenant’s security deposit.

If the damages exceed the amount of the security deposit, hiring a lawyer to recover the money owed may be your best option.

 A landlord can use the statutory remedy of forcible entry and detainer to obtain restitution of possession of a leased premises if the tenant is in breach. In non-legalize, a landlord can use the Eviction process to regain possession of their property when a tenant has breached the lease agreement.The Eviction Process is governed by Chapter 1923 of the Ohio Revised Code. There are very strict statutory requirements that must be followed to effectuate a legal eviction. If the correct procedures are not followed, the Court will refuse to evict a tenant. This means more time goes by without you getting paid and more time for a breaching tenant to stay at the property.

 

Before initiating the eviction process, a landlord must provide the tenant with proper notice. Generally a three day notice is required; however, there are other potential time periods that may apply depending on circumstances.  The three day notice must contain certain statutory language and also must be served properly. Following the notice period, the landlord must file an eviction complaint with the court. The complaint will include two causes of action. The first cause is for repossession of the property. The second cause is to recover any money owed by the tenant to the landlord.

If a landlord successfully obtains judgment for restitution of the premises, the tenant must voluntarily move out as soon as possible.  If a tenant refuses to vacate, the landlord may file for a writ of restitution.  The writ will give the court’s deputy bailiff the power and responsibility to physically move an individual’s personal belongings out of the premises.