rent refused/evicted/now landlord wants the rent.

I live in Ohio. I was late paying my rent. I got the notice, and paid the rent w/bank check. The landlord refused the rent. Well, sent me letter to come and get the rent check. I didn't. Then, next month, I paid the next month's rent, again w/bank check. Then, I get certified letter notice from the land load. It's my rent checks. Then, it's court and I get evicted. My landlord only asked for eviction and costs. The magistrate says that they can refuse the rent. I wasn't offered an opportunity to pay the rent in court. I was evicted. So now, a year later, the landlord has filed a action to collect my back rent. It's the rent I tried to pay and they refused. Failure to pay rent was the only cause listed to evict me. Can they refuse it, evict me for not paying it and then collect it? They even want the late charge in addition to the last month's rent but it was dropped at office in time to avoid the late fee.

[JETX]

Yes, depending on the full circumstances of the matter.

Though there are a lot of legal processes involved (notice, eviction, Writ of Detainer, etc.), the simple matter is:
If you paid the rent late, the landlord is under no obligation to accept it and can ask that you move. If you stay in the property, you are still obligated to pay for your tenancy.

If you want to read the entire Ohio Landlord-Tenant Act, it can be found at:
[url]http://onlinedocs.andersonpublishing.com/revisedcode/whole.cfm?GRDescription3=&GRStructure1=5321[/url]

YES the landlord can sue BUT that doesnt mean he automatically WINS!

Did you get a written judgment? is there anything that says "with predjudice" or " without predjudice"?

When a landlord CHOOSES to evict, they have 2 choices: to go quick fast and dirty and get you out ASAP, by NOT asking for a money judgment, or to have a trial and ask for money.

And most stipulations or judgments will say "with predjudice" so that Neither YOU or the Landlord can sue each other over this apartment. EVER!

And also most states have some sort of a stale rent law or laches, which means a landlord must persue this in a reasonable time frame, and a year is NOT reasonable...UNLESS he was incapacitated and couldnt file sooner.

So you would have grounds of the Landlord's "BAD FAITH" in pursuing this matter a year later.

[JETX]

Wow, 'happyroach', you continue to amaze us with your ignorance.....

You said:

Q1) Did you get a written judgment?"
A1) First, have you heard of any other kind of final judgment EXCEPT 'written'???? Second, an eviction proceeding (Writ of Detainer) does not result in a JUDGMENT being rendered, but an ORDER or WRIT is.

Q2) "is there anything that says "with predjudice" or " without predjudice"?"
A2) Again, you are confused about judgments and orders. ORDERS do not have prejudice (correct spelling).

Q3) " When a landlord CHOOSES to evict, they have 2 choices: to go quick fast and dirty and get you out ASAP, by NOT asking for a money judgment, or to have a trial and ask for money."
A3) Wrong again. A Writ of Detainer (or possession) CAN include compensation for unpaid rent, fees and penalties. Also, a Writ does NOT preclude the landlord from subsequent legal action to recover unpaid rent, penalties, fees or damages.

Q4) "And most stipulations or judgments will say "with predjudice" so that Neither YOU or the Landlord can sue each other over this apartment. EVER!"
A4) Wrong again. I can show you 100's of 'real' judgments that make NO mention of prejudice. That is a claim that would be brought up by a Defendant in the redundant case (called Res Judicata).

Q5) "And also most states have some sort of a stale rent law or laches, which means a landlord must persue this in a reasonable time frame, and a year is NOT reasonable...UNLESS he was incapacitated and couldnt file sooner."
A5) Since you say MOST states provide this 'protection', please provide ANY link to, oh lets say 5 states, that prohibit further landlord action beyond a 'reasonable time frame'.

Q6) "So you would have grounds of the Landlord's "BAD FAITH" in pursuing this matter a year later."
A6) Again, this is so ludicrous a statement as to be totally laughable!!!

Quick, someone turn the lights on... I want to hear 'happyroach' go scrabbling off into the dark again!!!