Eviction process for The State of OHIO, Month to Month lease?
I am currently living in a 2 bedroom apt. in Ohio, (Toledo) and have a month to month lease. Due to being laid off and my wife not making enough income we are 2 months past due on rent and received both a 10 and 3 day notice. They wanted us out by Thursday the 12th but I have yet to receive any court papers regarding an eviction. I'm thinking that either the Ohio laws might not require that for a month to month lease, or that they don't want to spend money to file and have us be here longer so they are trying to "bully" us out. I need some legal insight please. I'm not sure how the laws works in this situation. i can move out by this coming Tuesday. but not by tomorrow
Law & Ethics - 1 Answers
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EVICTIONS in Ohio on a month to month agreementt.~ In addition to any one of the notices described above, tenants are entitled to a three day notice, delivered to the tenant or at the premises, demanding the tenant to move out. This notice must include the following 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." This is not only a required notice, it is good advice. An eviction notice is the most serious legal problem most people will ever have. It forces a tenant out of a home, and costs the landlord money and lost rental income. Eviction records are public and can seriously hurt tenants' credit ratings and references. Landlords who fail to follow proper legal procedures can end up owing their tenants damages or delaying even a legitimate eviction for months. Evictions should never be considered lightly and always deserve the attention of a lawyer. Landlords must deliver a notice to vacate to the tenant at least three days be- fore they file a suit of eviction with the court. The tenant does not have to move out during this time. If the landlord and tenant cannot reach an agreement within these three days or the tenant does not move out, the landlord can file an eviction with the court. This eviction complaint is called a Forcible Entry and Detainer action and will claim either that the lease has expired or that the tenant has violated the law or the lease. The Court will serve the tenant with a Summons by leaving it at the tenant's residence, by certified mail or personal delivery, notifying the tenant when and where to appear in court. The tenant is entitled to five working days between the service of the summons and the date of the trial. Stapled to the Summons will be the landlord's complaint usually prepared by the landlord's lawyer, asking the court to order the tenants to leave the premises and to pay any unpaid rent. The Summons also tells the tenants to contact a lawyer or the local Legal Aid Society. If the tenant does not show up for trial according to the instructions on the Summons, the court will probably order the tenant to move out and pay whatever rent is claimed to be unpaid. If tenants do not want to argue about their evictions but contest the amount of money that is claimed owed to their landlords, they must file a written Answer. The Answer must deny the amount owed and must be filed with the Court according to the instructions on the Summons. Ordinarily, if the tenants or their attorneys show up and raise questions about the landlord’s right to the eviction, the judge will postpone the trial for up to eight days, or more if the tenant pays a bond to protect the landlord’s interest. If the tenant fails to appear in court or the landlord wins the trial, the tenant usually still has up to ten days to voluntarily move out, depending upon what the judge orders. If the tenant does not leave voluntarily the tenant’s belongings will be moved and the tenant will be prohibited from returning. In most jurisdictions in Montgomery County the landlord must pay a fee to the bailiff or sheriff to lawfully remove the tenant from the premises, by force if necessary, and out the tenant’s belongings in storage. The moving and storage company doesn’t have to take all of the tenant’s property. Clothes, medicine, food, pictures, and damaged items are usually put in a dumpster. The tenant must pay all storage costs before the storage company will release the belongings from storage. After 3 days the storage company can sell the tenant’s property to pay the storage fees. In other jurisdictions, the tenant’s belongings are put on the curb. You can check with the clerk of courts to determine what is your local procedure.~
I am currently living in a 2 bedroom apt. in Ohio, (Toledo) and have a month to month lease. Due to being laid off and my wife not making enough income we are 2 months past due on rent and received both a 10 and 3 day notice. They wanted us out by Thursday the 12th but I have yet to receive any court papers regarding an eviction. I'm thinking that either the Ohio laws might not require that for a month to month lease, or that they don't want to spend money to file and have us be here longer so they are trying to "bully" us out. I need some legal insight please. I'm not sure how the laws works in this situation. i can move out by this coming Tuesday. but not by tomorrow
Law & Ethics - 1 Answers
Random Answers, Critics, Comments, Opinions :
1 :
EVICTIONS in Ohio on a month to month agreementt.~ In addition to any one of the notices described above, tenants are entitled to a three day notice, delivered to the tenant or at the premises, demanding the tenant to move out. This notice must include the following 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." This is not only a required notice, it is good advice. An eviction notice is the most serious legal problem most people will ever have. It forces a tenant out of a home, and costs the landlord money and lost rental income. Eviction records are public and can seriously hurt tenants' credit ratings and references. Landlords who fail to follow proper legal procedures can end up owing their tenants damages or delaying even a legitimate eviction for months. Evictions should never be considered lightly and always deserve the attention of a lawyer. Landlords must deliver a notice to vacate to the tenant at least three days be- fore they file a suit of eviction with the court. The tenant does not have to move out during this time. If the landlord and tenant cannot reach an agreement within these three days or the tenant does not move out, the landlord can file an eviction with the court. This eviction complaint is called a Forcible Entry and Detainer action and will claim either that the lease has expired or that the tenant has violated the law or the lease. The Court will serve the tenant with a Summons by leaving it at the tenant's residence, by certified mail or personal delivery, notifying the tenant when and where to appear in court. The tenant is entitled to five working days between the service of the summons and the date of the trial. Stapled to the Summons will be the landlord's complaint usually prepared by the landlord's lawyer, asking the court to order the tenants to leave the premises and to pay any unpaid rent. The Summons also tells the tenants to contact a lawyer or the local Legal Aid Society. If the tenant does not show up for trial according to the instructions on the Summons, the court will probably order the tenant to move out and pay whatever rent is claimed to be unpaid. If tenants do not want to argue about their evictions but contest the amount of money that is claimed owed to their landlords, they must file a written Answer. The Answer must deny the amount owed and must be filed with the Court according to the instructions on the Summons. Ordinarily, if the tenants or their attorneys show up and raise questions about the landlord’s right to the eviction, the judge will postpone the trial for up to eight days, or more if the tenant pays a bond to protect the landlord’s interest. If the tenant fails to appear in court or the landlord wins the trial, the tenant usually still has up to ten days to voluntarily move out, depending upon what the judge orders. If the tenant does not leave voluntarily the tenant’s belongings will be moved and the tenant will be prohibited from returning. In most jurisdictions in Montgomery County the landlord must pay a fee to the bailiff or sheriff to lawfully remove the tenant from the premises, by force if necessary, and out the tenant’s belongings in storage. The moving and storage company doesn’t have to take all of the tenant’s property. Clothes, medicine, food, pictures, and damaged items are usually put in a dumpster. The tenant must pay all storage costs before the storage company will release the belongings from storage. After 3 days the storage company can sell the tenant’s property to pay the storage fees. In other jurisdictions, the tenant’s belongings are put on the curb. You can check with the clerk of courts to determine what is your local procedure.~
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