Resolving Landlord-Tenant Disagreements
Unfortunately, the landlord-tenant relationship does not always go smoothly. Some encountered disputes include wrongful eviction, failure to make necessary repairs and failure to pay rent that is due. At Artz, Dewhirst & Wheeler, LLP our lawyers represent both tenants and landlords to pursue equitable justice for our clients.
By law, eviction is legally sanctioned due to the tenant’s failure to pay rent, a breach of the lease agreement or other legal violations. In Ohio, the eviction process involves the landlord serving the tenant with a three-day vacate notice before the eviction action. Within two to three weeks from the eviction paperwork filing, there will be an eviction hearing in municipal court.
If the tenant believes the eviction order is wrong or is not compliant with the law, the tenant has a right to produce evidence and testify at the eviction hearing. Our attorneys ensure that a tenant’s rights to contest evictions get granted.
At the hearing, the court magistrate evaluates the case, determining if the landlord complies with the required time periods for notifications and whether the tenant violated any terms of the lease agreement. Non-payment of rent because of lack of repairs on the property needs to follow court-established escrow procedures.
If the magistrate grants an eviction judgment, the landlord can apply for a writ of restitution, which allows for an eviction posting at the property. When the red tag gets posted, tenants have five days to move out of the property.
After the eviction hearing, the landlord has a right to file a claim for such things as unpaid rent. A second hearing will then be scheduled to decide damages and unpaid utility bills at a second hearing to decide on the validity of the claim and come to a resolution. If the tenant does not respond promptly, then a default judgment can result.