Eviction Problems/Question HELP!

Status
Not open for further replies.

MKaye02

New Member
Me and my fiance rented an apartment in Ohio for almost 2 years. After the first 10 months our lease was up and then we went to month-to-month basis. After a huge argument with apartment staff over the lack of maintanence we were evicted. We moved out and now are having to go to court over money that they are accusing us of owing.

First off they are trying to charge us rent for 2 months following us vacating the premises on the basis of the original lease stating that we needed to give 60 day notice when we leave. Is that possible when we were evicted? Can they still hold the 60 notice when we had no choice but to leave?

Secondly when doing research online about leases and tenant laws I found a term online for OH that states the following: "No agreement to pay the landlord's or tenant's attorney's fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant."

After looking over my lease there is clearly a term that states that in the event the complex has to have a lawyer the tenant is fully responsible for the charges incurred by said lawyer.
(Does that mean anything important seeing as how they are going against the terms set by the state?)

Secondly they are also charging us for things such as a missing screen and moving of furniture when the screen was there when we left and there was no furniture left behind.

Please help with any advice or information
 
It is legal for them to ask for two months rent if you failed to give 60 day notice as required. The other issues you will need to hash out in court
 
if they evicted me what notice am I required to give, they forced me out don't you think that is notice that I am leaving???
 
they are calling it "harrassment of apartment staff" which really boils down to an argument with the apartment staff over them never fixing things when they needed fixed. My bathtub stayed clogged for 1 week when they kept saying they were coming to fix it.
 
Much depends on what was said and how. You need to take all your witinesses, documentation or, any evidence that supports your claims to court. You should also google your states rental statutes see which ones apply to your case. It would also be wise to consult a Landlord/Tenant dispute Attorney
 
well the eviction is already filed and closed this court case is soley for the monies they state we owe them.

thank you for your advice though
 
Status
Not open for further replies.
Back
Top