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Help Needed in Ohio for Eviction Advice Any help would be greatly appreciate Thanks

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yazzman

Junior Member
Ohio,

Hi I am from Ohio. Our landlord is trying to evict us for lack of payment. We had lost our jobs and took time to get new jobs and have just began training for the new jobs and will be paid within the next 3-4 weeks. We would like to pay the balance owed and keep the apartment. Our trial date is set for Aug 29. We are hoping our landlord or his attorney will take the back rent we owe and drop it and allow us to live in the apartment. Other than back rent we are ideal tenants. We never make noise and we keep our apartment cleaner than it was given to us when we first rented it. We keep to ourselves and bother nobody.

A couple questions. If the lawyer or him won't take the payment what should we do? We can ask for a jury trial correct? or a continuance? If he won't take the money we would like to delay it as long as possible to find legal advice and look for another place.

From his side he is a lousy landlord. He goes to Florida 6 months of the year. Never asks the tenants before he leaves if anything needs done in the apartment. He puts nobody in charge of the complex for 6 months. We have had issues where our racks to hold clothes in our closet broke and he told us to track somebody down to fix it. There was an issue when our shower would not turn off and his answer was let the water run for a day constantly and he will get somewhere there in a day or 2 so out water ran 24-36hrs straight. He does not preventative maintaineance in the building. Our Air Conditioner we believe is 35 years old and he never has once changed the filter in the almost 3 years we are there. The light fixtures are covered in layers of dust. Light bulbs are out in the garage. When it was winter he never had anyone comes and shovel the walkways and near the door for snow. He left no shovel or salt or anything while we was in Florida for 6 months. Never calls in 6 months to ask if we need anything or how the apartments are holding up he only asks where's the rent.

There are cobwebs on the bushes and the area you would put mulch and stuff is covered in uncut weeds. We had a window while he was in Florida that was off the hinge and staying open during winter bringing in cold air and he didn't replace it until he got back 4 months later. Because we owed money he told the neighbor to park his car in the middle of the garage and block our space so we could not pull in the garage and we have had to leave our car outside the last few days. He also has been telling our neighbor our business about the eviction and personal information about us. We have so many photos of unkept things in our apartment. The sink is beginning to rust. Around the toilet it needs sealed and it's not so a dirty smell comes out of the bathroom often.

We never wanted to not pay this guy we hit a rough spot and we have said we will pay and are working on it. He went through with the case and we want to present our case and say we will pay you all the back rent but he is not fulfilling his obligation as an owner. Also our neighbor smokes pot constantly and the smell fills up the hallway and has began to come into the vents and we put towels covering our door opening to avoid the smell my wife has terrible allergies. We need to know if he doesn't accept the full rent paid before the court date can we ask for a jury trial , continuance something to post bone it a bit so we can mount a defense of find another place. Also because of all this and losing my job I'm considering filing bankruptcy asap would that stall the process. Thanks for any help we appreciate it.
 


Gail in Georgia

Senior Member
"If the lawyer or him won't take the payment what should we do?"

Start packing before the eviction date or you're likely to find all your stuff out on the curb.

Look; your court date for the eviction is set for August 29th. IF you can show up at that court date with ALL the rent you owe PLUS any late fees PLUS court costs the judge (the one who decides whether the landlords request for the eviction should be approved) may not grant the request for the eviction.

Otherwise the landlord or his/her attorney are under NO legal obligation to accept rent "sometime" in the future when you start getting paid 3-4 weeks down the line (in which case you'll be in a new month and owe for that month too).

Now as for some of your other complaints:

"Our Air Conditioner we believe is 35 years old and he never has once changed the filter in the almost 3 years we are there."

You can buy a pack of filters at Lowes/Home Depot for under $5.

"The light fixtures are covered in layers of dust."

You expect your landlord to DUST for you?

" Light bulbs are out in the garage."

How many tenants does it take to change a light bulb?

"When it was winter he never had anyone comes and shovel the walkways and near the door for snow. "

I guess it never occurred to you to get out and shovel the sidewalk.

"There are cobwebs on the bushes and the area you would put mulch and stuff is covered in uncut weeds."

Ever think of taking a broom out there to sweep off the cobwebs and bending over and pulling a few weeds?

"We never wanted to not pay this guy we hit a rough spot and we have said we will pay and are working on it. He went through with the case and we want to present our case and say we will pay you all the back rent but he is not fulfilling his obligation as an owner. We need to know if he doesn't accept the full rent paid before the court date can we ask for a jury trial , continuance something to post bone it a bit so we can mount a defense of find another place. Also because of all this and losing my job I'm considering filing bankruptcy asap would that stall the process."

Your posting is quite confusing. You spend a great deal of time and energy writing that your landlord is some type of slumlord and then you turn around and attempt to find ways that you can buy time to either stay in exactly the same place or finding another rental unit.

Gail
 
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FarmerJ

Senior Member
You wrote > what should we do? We can ask for a jury trial correct?< when one is taken to court for not paying the rent A jury is not needed for you to either admit the complaint is true ( admit you owe rent ) or deny that you owe any thing since you can prove you paid or the LL is not entitled such as because a rental was condemned. YOU wrote > He goes to Florida 6 months of the year, SO what ? if something stopped working then during that time you should have called in city inspections and let them order him to repair it! YOU wrote > Our Air Conditioner we believe is 35 years old and he never has once changed the filter in the almost 3 years < did you know you can use a vacuum cleaner to clean them or a air compressor hose at a gas station if you refuse to buy replacements and wont send the LL a certified letter telling him to pick you up some? YOu wrote > When it was winter he never had anyone comes and shovel the walkways and near the door for snow. He left no shovel or salt or anything while we was in Florida for 6 months.< and since this sounds like a multi unit what did your city inspections desk tell you when you called them ? YOu wrote > and what did your city tell you when you called to learn if the weeds were in violation of your city ordinances ? YOU wrote The light fixtures are covered in layers of dust. Light bulbs are out in the garage. SO if the lights are in common area hallways you could have dusted them with a long handle feather duster or called the city, if the bulb that is in your garage space / over where you park your LL has no obligation to change it unless your lease says he will. YOu wrote >We had a window while he was in Florida that was off the hinge and staying open during winter bringing in cold air and he didn't replace it until he got back 4 months later. < call inspections call inspections CALL inspections !!!! YOu wrote >Also our neighbor smokes pot constantly< and what did the police say when you called them to report it ? YOU wrote about filing for BK you likely aren't going to get filed fast enough to stop a eviction based on non payment AND even if you did manage to file fast enough they typically only let people do chapter 13 now and that means repayment even if its a percentage and you can count on one thing for sure if you are ever as much as a day late again or do any thing to violate your lease post BK filing this landlord will likely waste no time in getting you out and BK will not stop a second eviction hearing down the road should you not again in the future . At this point you may well be better off getting out of there before court ,then this way you wont have a eviction based court record because eviction court is about possession and money and the court would have no one to evict if you showed up even just to tell the court you are totally vacated sunday night and took the keys to the LLs home and gave them to him. KEEP in mind the LL does not have to agree to a court approved payment contract with you, You are free to ask him in court if he would agree to one if the court were willing to write the courts order to allow the LL a continuance ? until you are caught up.
 

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