Lease/option/Ohio, poss violation of legal rights

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sunshine50

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In April 08, we lease/optioned a property in Orrville OH. Paid $5000 down and payments were $1600 a month. House $235K. Term one year. The date on the lease was the 1st, but we did not move in until the 12th as the owners were still in the property and could not get out until then. First problem, they refused to prorate the rent, I paid them $1600 when I moved in and 30 days later paid them another $1600 and so on. they said they wanted to have the rent due on the 1st, I said fine, prorate the rent and we will do that, they refused and said I was late on the rent by paying it on the due date when i moved in. They expected the 1600, they accepted the rent on that date for 3 months. In the meantime, the next door neighbor kept in constant contact with them, he is an old man who complains all the time, if the boys played basketball he was out watching them with his arms crossed and never said a word to me. Also, they refused to fix the pool, which was not opened when we moved in in April, but they left the heater on the roof of the shed, so many leaves in the pool, it couldnt be cleaned easily. i asked them to fix it, as I didnt own the house to see if the pool was operational and they told me it was. This also caused a riff, as I told them I did not live there when they closed the pool, they did not disclose to me the pool was broken, so they needed to fix it. no they said , that is your problem under "maintenance" of the property. I told them that maintenance is not fixing something that was broken in the fall or winter when I was not there. I had all kids over, hispanic ones, african american ones etc, I had an open door policy as I dont let me kids run the street, so I always had well behaved teenagers over. Well, on the last of June, I had Nolan come to stay while his grandmother recuperated from surgery. He is African American. The neighbor made a racial slur to him and immediately apparently called the landlords. the landlords sent me a snotty email that said they wanted me "out of the house", they were going to evict me as my "rent was always late" and would serve me a notice on my door. They also wanted to invoke an "inspection clause" which the landlords verbally told me "we would NEVER do this, its a formality," I questioned this in an email when the contract came out. Well, since I dont deal with crazy very well and have an 87 year old mother, I decided to get out so i started packing. i did a bunch of upgrades to the house, such as attractive painting, borders, a $1600 door (which I left) also. They wanted to invoke thier clause, so they came to the door and told my 87 year old mother, that "if you dont let me in, we are coming in" I came home just as this was happening, as since nothing was going on at my house except packing, I let them in, they inspected the house, made postive comments actually, I told them that this was my last month there, there were many things they didnt disclose on the house, such as mold behind the paneling in the basement and mold popping up on the walls that they painted over to sell the house. I gave them the $1600 for the 10th of July to the 10th of August and said, you want me out, you dont have to evict me, I am nervous staying here" so I am packing. she said "no, my husband was just mad, so you can stay, I told her never mind, I am going! you refused to fix the pool (one reason I selected the house) and your basement is full of mold also, there are many things that I fixed, such as a garbage disposal that was rusted shut so they had to know it wasnt working, the guy who fixed it said it hadnt worked for YEARS..and my kids and my mother are being made nuts by your psyco actions. So they left and I got another email to get out of thier house "your house is filthy" and yes it was as I had packing material, stuff all over my kitchen counters as i was moving! We left really fast! They had the neighbor stalk me and when I went to retrieve some of my belongings and also clean the house for moveout, they called the police and told the cleaning person, that "the owners have evicted the person living here" so get out. There was never an eviction action filed and I was unable to get the house totally cleaned. My rent wasnt up until the 10th of August and this was the 21st of July. I thought about suing them, but I figured for my kids and moms sake, I would just be glad to get rid of these apparently racist crazy people! But now they are suing me for "damages" to thier house, the carpet was 30 years old, and thier animals peed all over it, they abandoned thier unneutered male cat and told me it was a house cat, they would have it put to sleep if i didnt take it, wel'l, I took it and it peed all over the house, i had to make it an outdoor cat. So the 30 year old carpet is now "damaged" I told her that I wanted to pergo the whole house when I closed the first month i moved in, as the carpet stunk so bad..what can I do to defend myself from suit..do I have a case to sue them?? thanks so much. I am not a lawsuit person, they are, the neighbor said the woman sued her employer and bragged how she got the pool a new roof and a new furnace of her suit. Oh, and she also called me and tried to extort me for $14000 and she wouldnt sue me if I paid by NOON..these people are nuts, and since I now cant stay away from them, what do I do?? PLease please help me...
 
Your email is a bit confusing so I might not be getting this correct.

What, exactly, are your landlords suing you for? What they claim is damage to the carpet?

Did they ever give you a formal "Notice to Vacate" the premises in writing?

Gail
 
They emailed me and called me constantly telling me to "get out of thier house" they are suing me for breach of contract, although they are the ones who threatened me and I didnt want to get a red eviction notice on my door to be added to my kids book of memories. It is not what i am used to dealing with. sorry it is confusing, they claim I "damaged" thier house, ruined thier 30 year old carpeting, which when I looked at the house she said " anything cleans up on this, trust me, I have had urine, vomit on it and everything cleans up" well I was kinda grossed out by all of this, but since I like the location (school system) I was willing to put pergo in the entire house when I closed. I also had the carpet cleaned when I moved out, but surprise to them it didnt become new carpet! It was still 30 years old!! So I am getting sued for the rest of the lease, they wanted me out, even with 15 days left on the month, I had a cleaner in there and they called the sherriff and told the cleaner that the tenants had been evicted and she did not have the right to be there, although they told me to "get out" I wasnt served a formal notice, but with all the harrassment and small children, I was very ready to go! And they respresented to the sherriffs department that I was evicted for not paying rent, and I didnt belong on the premises, and I had more than 1/2 of a months rent left! Now they want to sue for breaking the contract and damages to thier house, which there arent! Hope this helps
 
Attached are the tenant/landlord laws that cover Ohio. Please note the steps that must take place when a landlord wishes to evict a tenant.

http://www.tenant.net/Other_Areas/Ohio/tenant_l.html

Here is the issue that MIGHT come up should this go to court...

In order to start the entire eviction process, the landlord must provide the tenant with a written notice (typically hand delivered or attached to the door of the rental unit) that they are to vacate the premises within a certain time period or formal eviction proceeding will begin.

Simply telling someone to "get out" doesn't meet the legal requirements of this. However, in court you can certainly argue that their constant calling and emailing you to "get out" led you to believe that they were serious about filing an eviction against you.

They can (and will) argue that you "broke" the lease agreement by leaving before the end of the lease term and, as such, are responsible for the remaining rent UNTIL they can get the unit rerented.

They cannot sue you for all of the remaining months on your lease. They have the obligation to make an honest effort to rerent the unit and once this occurs, the previous tenant is no longer responsible for rent. As a very general rule, a judge will give a landlord about 2 months to get a unit rerented (unless the landlord can prove that there was such significant damage to the place that it took longer to get it back into shape where it was rentable).

On the other hand, they had no business calling the Sheriff and kicking the cleaner out based on the story that you had been evicted. The issue of what they claim you owe for damages above normal wear and tear can be negated by the fact that you did make a good faith gesture to clean the rental by hiring this person but he/she was unable to complete this job because they removed him.

A landlord cannot sue for what is considered "normal wear and tear"; only for things that are considered damages. Carpets seem to be a real "hot spot" between landlords and tenants; however, carpets are typically depreciated over a number of years and a 30 year old carpet has worn out it's lifetime worth.

I'm curious about this $5000 deposit you put down. Was this a security deposit or the first deposit toward the actual purchase of the house?

Gail
 
this was a lease/purchase where the house was $239000, I put $5000 down, i paid $1600 a month and $300 was to go towards the purchase at the end of the year. It was not a rental property, it was thier home which they were trying to sell. They went through help u sell realty. the complaint states the rent was always late and that is why they wanted me out of the house. The date on the agreement was April 1st, but they couldnt be out as the daughter had a school trip on the 4th to the 6th, and they couldnt get movers until the 10th. I had to actually cancel my movers and that cost me more money as they were still in the house. I paid them the rent when I moved in the full amount, thinking that my start date was the 10th, they refused to prorate and wanted another $1600 on the 1st..I told them look you were in the house, either prorate or Ill have to pay you on the 10th, they accepted it on the 10th for 3 months, when they had all the installments of downpayment, they wanted the house back apparently. The complaint says we "valdalized" the property..what, by putting in 1600 doors, and getting a cleaning lady thrown out? People who valdalize dont usually get the carpets cleaned and dont hire people for a move out clean. I thought they were crazy so I tried to be nice so my children werent hurt or intimidated. But apparenty it didnt work. They are also sueing Allstate Insurance for $25,000 for not paying a damage tenant claim..duh..it wasnt damaged..I guess the insurance company thought so too..I have many witnesses how the property looked when I gave the key back too..they are apparently crazy, what can I do? they have asked for a jury trial.
 
Sounds like you need to hire yourself an attorney and what they are suing you for is greater than the $3000 limit allowed in Ohio Small Claims Court. This court does not allow jury trials.

http://www.consumeraffairs.com/consumerism/small_oh.html

BTW, check your lease carefully in terms of what it states a tenant can do to modify the unit they are living in. A fair number of leases do not allow tenants to modify the unit without the permission of the owner. If so, telling the court you spent $1600 to replace doors without the owners permission should be kept under your hat.

Gail
 
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