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In Ohio can a landlord evict you while you have an ongoing escrow suit against him if he is trying t

Discussion in 'Eviction, Recovery of Premises' started by Sirena, Nov 17, 2018.

  1. Sirena

    Sirena Law Topic Starter New Member

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    Jurisdiction:
    Ohio
    In Ohio can a landlord evict you while you have an ongoing escrow suit against him if he is trying to evict you for his decision to not renew the lease?

    (We are in a month to month lease but escrow was filed and in court before his eviction. Also, escrow is paid until the end of the month that the eviction is set to be heard in court.) My understanding of Ohio law is that he is not able to evict while we are in court over this
     
  2. army judge

    army judge Super Moderator

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    A landlord can't LEGALLY evict a tenant.

    A judge after due process has run its course can order a tenant to be evicted.

    A deputy sheriff or a city marshal will eventually remove your belongings, place same upon the area between the sidewalk and the street, which concludes a former tenant's eviction.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    There's a contradiction in there. Is he evicting you or trying to evict you? That's two different things. There's also the question of whether he is evicting you or just terminating your tenancy. People often get that confused.

    So, tell us, what have you been giving in writing?
    A notice of termination?
    An eviction summons to court?
    Something else?
     
  4. Sirena

    Sirena Law Topic Starter New Member

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    He gave us a non-renewal of lease, three day notice to leave, then he went and filed eviction and hired a lawyer to evict us. Are eviction is set for December 4th and our escrow suite is scheduled for after the eviction. Now we will have rent in escrow up until January 1st.




    He gave us a non-renewal of lease, three day notice to leave, then he went and filed eviction and hired a lawyer to evict us. Are eviction is set for December 4th and our escrow suite is scheduled for after the eviction. Now we will have rent in escrow up until January 1st.
     
  5. army judge

    army judge Super Moderator

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    I suggest you HIRE yourselves an attorney ASAP.

    The mere FILING (much less a formal order of eviction) will ruin your ability to rent decent housing for decades.

    It will also negatively impact your FICO.

    Don't worry about the escrow matter now, leave that for later.

    Right now your sole focus should be to prevail at the eviction proceeding.

    To do that you will need an attorney to represent your interests.

    If you do nothing, the eviction will yield devastating consequences for your lives!
     
  6. Sirena

    Sirena Law Topic Starter New Member

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    My understanding is by law as long as we are in escrow he is not able to evict us because it would be considered retaliation in the state of Ohio. Am I wrong on that? Also I'm not worried about it affecting my ability to rent. We have a closing on a house iniDecember.
     
  7. army judge

    army judge Super Moderator

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    If by ESCROW you mean as part of a separate real estate transaction I don't see how YOUR escrow and future home purchase is in anyway involved in the pending eviction.

    If you wish to better understand that, again, hire yourself a lawyer; or chat with the lawyer you hired to assist you with the home purchase.

    The landlord can't harm you.

    If, however, the eviction lawsuit ends in the landlord's favor, that can harm you.

    In fact, it MIGHT impact your ability to receive the loan you're seeking.

    Do yourself favor and discuss this with a real estate lawyer near you.

    I suggest you meet with at least TWO such lawyers.

    Most lawyers won't charge you for the initial case evaluation/discussion.

    Local lawyers have a better feel for what courts in your county will do in these types of matters.

    As far as escrow, I hope you have hired a lawyer to assist you in the home purchase.

    Never rely upon a real estate salesperson to protect YOUR interests.

    Real estate salespeople are simply salespeople driven by commissions, which they derive from sales.
     
  8. Sirena

    Sirena Law Topic Starter New Member

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    The escrow doesn't have anything to do with my new home purchase. We have an escrow suit against the landlord who is trying to evict me. We put our rent in Escrow because of 14 different health and safety violations that he had been refusing to fix for over a year. Our loan is already done with our house. My only question is, in the state of Ohio if we have a pending suit against the landlord and have our rent into escrow until January 1st is he able to evict us?
     
  9. army judge

    army judge Super Moderator

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    You purport to being taken to court by your landlord for an eviction action.

    Your landlord's eviction action isn't prohibited solely because you allege to have another legal action based upon representations that your landlord did nothing to cure any code violations.

    Did YOU do everything described below regarding your "rent escrow"?

    If your landlord has not made repairs and they significantly affect your health and safety (for example, not fixing a furnace in the winter), you should provide written notice of the violation(s) to the landlord.

    The notice should say exactly what the problems are. (Be sure to keep a copy of this notice.)

    You should send the notice to your landlord by certified mail, with a return receipt requested, or
    you can deliver it in person with a witness present.

    If the problems have not been corrected within a reasonable time, you can pay your rent to the court. A reasonable time is defined by how much trouble the problem causes and the time it would take to fix the problem.

    A reasonable time cannot exceed 30 days. You must wait a reasonable time before you pay rent to the municipal or county court.

    If your rent was due before the 30 days passed, you MUST pay the rent to your landlord.

    You must be current with your rent if you attempt to use "rent escrow" remedy.

    After a reasonable time or the 30 days has transpired, you may pay your rent (on or before the day your rent is due) to the Clerk of the Courts in Putnam County (if that is the county where the apartment is located).

    IF you failed to do what was described hereinabove you may have not followed rent escrow procedure and your landlord may be able to force you to leave by legal means.

    The "rent escrow" process doesn't preclude the landlord from taking other legal actions against you.

    I suggest if you believe the "rent escrow" is "kryptonite" against the landlord's eviction action, you assert that at the eviction hearing.

    At this point, one or the other of the dueling legal actions will determine what happens with the other.

    When you went to the Clerk’s office, did you take an old rent receipt and a copy of the notice you gave to the landlord with you?

    Did you show proof to the clerk, and/or swear under oath, that you were current with
    your rent and you had given the landlord PROPER written notice to make repairs?

    Did you complete a form describing the items you want repaired, asking the court for a hearing?

    You MUST continue paying your rent to the court until the landlord makes the repairs or there is a hearing held by the court!

    In Ohio your landlord can evict you:
    ■ if you do not pay your rent when it is due;
    ■ if you stay in your apartment without paying rent after your lease ends;
    ■ if your landlord gives you a notice to move and you stay in your apartment past the deadline;
    ■ if your landlord gives you a notice to correct a condition in your apartment and you do not correct it within 30 days;
    ■ if you violate any reasonable term of your lease.



    I see nothing in a QUICK perusal of the various Ohio statutes that would statutorily preclude a landlord from seeking to evict you through the courts.

    In fact, you may have not transacted the "rent escrow" process properly, which makes th eviction hearing more threatening to you.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    When you go to the eviction hearing on Dec 4, you bring copies of all your court documents from the rent escrow case, present them to the judge and ask for either a postponement of the eviction case pending the results of the rent escrow case or that the eviction case be combined with the rent escrow case and be heard at the same time. Make sure you bring whatever receipts you have to show that the rent is in escrow.
     
  11. mightymoose

    mightymoose Moderator

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    I don't know if someone already answered this... But is all you have been given so far is a notice to vacate then you have not been evicted.
    The eviction process, from the time you got that first notice, should take at least a couple months, likely more.
    Your escrow issue should be resolved before then. Regardless of how that matter turns out the landlord is telling you the lease agreement is over. You will need to make plans to move vegbef you are eventually forced out, but no, you are not currently being forced out- you are being asked to leave. You can refuse if you want, but it seems in your best interest to go.
     
  12. adjusterjack

    adjusterjack Super Moderator

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    It's already been filed with the court and the hearing is Dec 4. See post #4.
     
  13. Sirena

    Sirena Law Topic Starter New Member

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    Thank you. That is all I was wondering. I figured since my escrow was in play before the eviction we would have to wait till after the escrow hearing was over to look at that because I would be under lease until Jan. 1st or whatever the escrow hearing determined. He also gave me a non-renewal of lease litterally the day after I gave him a copy of the escrow paper work so I figured it would fall under retaliation laws.
     
  14. Sirena

    Sirena Law Topic Starter New Member

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  15. adjusterjack

    adjusterjack Super Moderator

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    I don't see declining to renew as being one of the actionable elements under 5321.02 and 5321.03

    Lawriter - ORC
     

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