1 Residential Evictions Real Estate Transactions I Mike Brigner, J.D.

2 Ohio Landlord-Tenant Law Revised Code Chapter 5321

Tenant’s Remedies R.C – Rent Deposit IF the tenant is current in rent, AND has given landlord written notice of breach of lawful conditions, AND has given landlord a reasonable time to fix the problem, THEN tenant may deposit rent with clerk of courts, instead of paying it to landlord

Tenant’s Remedies R.C – Rent Deposit Tenant may also apply for court order to landlord to remedy defects May also terminate lease NOTE: Rent deposit law does NOT apply to a landlord who has 3 or fewer rental units AS LONG AS the landlord gave proper notice at time of rental

5 Ohio Forcible Entry & Detainer Law Revised Code Chapter 1923

Landlord’s Remedies R.C. Chapter 1923 “Forcible Entry and Detainer” Tenant is “unlawfully detaining” the landlord’s premises if: –Breaches rental agreement –Breaks controlled substances laws at the leased premises Q: What to do about a trespasser in premises?

Landlord’s Requirements: Notice to Terminate Lease Landlord must give notice of termination of lease, per R.C –30 days if monthly lease –7 days if weekly lease –3 days if eviction is for controlled substances –NOT required if sole cause for eviction is unpaid rent, or other violation of the terms of a written lease

Landlord’s Requirements: Notice to Terminate Lease So DURING the written lease, no 30-day notice needed for unpaid rent AFTER a written lease converts to a month-to- month basis, the 30-day notice is required

Written Notice to Leave Landlord must also give written notice to leave, per R.C Certified mail, hand-delivered, or left at usual abode at least 3 days before filing legal action Must include words: –"You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."

Eviction of Tenant R.C. Chapter 1923 Complaint may seek eviction, back rent, damages Tenant can counter-claim Legal procedures for “eviction” portion of claim are expedited Usually 2 hearings: one soon on eviction, one later on money

Eviction of Tenant “Writ of Restitution” is the judgment for landlord to recover premises –R.C Within 10 days of writ being issued by court, bailiff/police must physically remove tenant from premises –R.C

Eviction of Tenant Some pitfalls for landlord –Court can order inspection of premises by public agencies –Court can order premises defects repaired –Can order rent paid to clerk –Court can leave tenant in possession during repairs –Can find rental agreement unconscionable –Court can award damages attorney fees against landlord

13 Residential Evictions Concluded Thank you Mike Brigner, J.D. END OF CLASS: (EVERY Class) Clean up classroom; log off computers; check for personal property & computer disks; make sure you have signed in.