• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What Does this mean!?!? (legal papers)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

aslum

Junior Member
What is the name of your state? Ohio

Sorry this is so sloppy I'm STRESSED TO THE MAX HERE. PLEASE HELP!!!

I had previous issues with my landlord if you would like to look checkout this thread https://forum.freeadvice.com/showthread.php?p=1684545#post1684545 you really need not look at it for my question.

I got a 3day notice and court papers for non-payment of rent (see papers below). I have been late almost every month i've lived here (10 months) and no late fee or anything like this has occured before. I had also issued a check to my landlord AUG 3rd and put it in her mailbox.. I've put payment in her mailbox many times; never a problem.

The landlord and i agreed to settle this out of court on the condition i payed this month and next months rent this would in turn fullfill the lease as it expries sept 30th anyway.

She had told me this will be dismissed and no other action taken... After re-reading this agreement I noticed this-

3.Upon restitution of the premises, Plantiff shall account as required by law to Defendent for the security deposit and shall refund to the defendant any unused portion of the security deposit or amend without necessity of leave of court the second claim to reflect any balance then due Plantiff.

Does this have anything to do with this paper http://cor.thisbox.com/court/1sentfromcourt.jpg ? WHAT DOES IT MEAN?!?

The papers speak for themselfs if you know the language. My main concern are these two papers.

Here is our "agreement".

What does the third thing address on this paper?
1. http://cor.thisbox.com/court/questionableagreement/agreement pg 1.jpg

2. http://cor.thisbox.com/court/questionableagreement/agreement pg 2.jpg



Here are the court papers that where sent to me via certified mail.

http://cor.thisbox.com/court/1sentfromcourt.jpg

http://cor.thisbox.com/court/2sentfromcourt.jpg

http://cor.thisbox.com/court/3sentfromcourt.jpg

http://cor.thisbox.com/court/4sentfromcourt.jpg

http://cor.thisbox.com/court/5sentfromcourt.jpg

http://cor.thisbox.com/court/6sentfromcourt.jpg

IF you can give me any advice or better explain this agreement i signed PLEASE do. Also on the check i issued her I had her sign the carbon copy and as a footnote on the check it says lease full filled.
 
Last edited:


CA LL

Senior Member
Haven't had the time to look at all your links but..

You have been late every month in the TEN months you've been there?

You said you submitted a check on the 3rd for this month BUT then later say you and the LL agreed to settle this out of court as long as you paid this month and next month to fulfill the lease.

Before anyone spends any time on this..perhaps you need to just clarify which it is exactly? Can't see how you can agree to settle out of court IF you pay THIS month and next month to satisfy the lease when you said you did pay on August 3rd unless (sure hope not) that check was to pay prior month or something?

The other part just means that if after accounting for damages if the balance due is greater than the SD on file, the LL can amend the monetary judgment in this case to add on the additional amount owed..if applicable w/o separate court action.
 

aslum

Junior Member
I will say again this may not be 100% accurate and or complete. I will add /edit this at a later date as I am BEAT right now. I've had nothing but troubles since i have moved to this place, and it seems to be a constant battle. A persons life is nothing to play with...

Anyway;

I have not been late every month but close to it (she stated on recording i'm always late)... 8 months or so late.. one 6 month lease had already been fullfilled previously without any late fees charged. From what info i had gathered this is letting me be late on rent. wich was actually the case she hadn't said or did anything even in the previous 6 month lease... She actually gave it the ok...

I submitted a check the third and it just "disappeared" (I believe retaliation) I have been putting checks in her mail box for some time now with no problems... All rent was always paid same month, but usually late.



"""The other part just means that if after accounting for damages if the balance due is greater than the SD on file, the LL can amend the monetary judgment in this case to add on the additional amount owed..if applicable w/o separate court action."""

after accounting for damages? Please clarify this further. Damages to the premisses or??? What the landlord and i discused was that.. upon her (accepting- again im WORN/stressed OUT!)excepting my check weather she looses it cashes it etc... Was that the lease had been fullfilled excluding any late fees, and continuing on with the original lease agrement. wich did not mention waiving any rights for me to go to court for security deposit or anything else...

The apartment is in almost the exact condition as it was when i had first moved in with the exception of normal wear and tear and "storm damage". I have pictures of when i had first moved in...

So the landlord can do or say whatever she wants? **E.G. I destoryed the whole apartment and she can ask for whatever amount?(if she decides) without any court action taken?

I don't see how the court would have veiewed this http://cor.thisbox.com/court/questionableagreement/agreement pg 1.jpg and decided it to be fair... (it states the court had found this agreement preiously to me signing it that it was fair. YET their appears to be no judges signature...)

In the example above** how would this be amending the situation? Can I not go to court if this "amend" does not live up to it's definition?


AMEND
(there could be other definitions, this was a very quick look)
a·mend (-mnd)
v. a·mend·ed, a·mend·ing, a·mends
v.tr.
1. To change for the better; improve: amended the earlier proposal so as to make it more comprehensive.
2. To remove the faults or errors in; correct. See Synonyms at correct.
3. To alter (a legislative measure, for example) formally by adding, deleting, or rephrasing.
4. To enrich (soil), especially by mixing in organic matter or sand.


ALso as i said before the reason and footnote of the check being issued to the landlord was the fullfillment of the lease wich ment all funds where payed in full and the matter had been resolved. late fees resolved with the taking of the check.
Thanks.
 
Last edited:

moburkes

Senior Member
No, your LL cannot say whatever she wants. You can take pictures, videos, etc to show the condition that you left the unit in. Don't forget pics of the inside of the stove, fridge, closets, under sink, etc. Don't forget to take pictures of the storm damage, whatever you're talking about.
 
From the look of the links you posted, those are prety much standard forms for OH courts. I assume she posted the 3 day, then waited for it to expires (not counting the day you received it or weekends) before she filed the eviction paperwork with the courts. She should have also filed an affidavit of military service, but maybe they didn't send you a copy of that. With the eviction, she had to attach a copy of your lease (which is very short by the way). Then it looks like you did file to settle prior to the court hearing. She should file this agreement with the clerk of court to have it attached to the dropped eviction suit.

What CA LL said is correct. The last part just means they will do the usual statement which itemizes any damages to the unit that you will be charged for, then send the rest of your deposit back to you within 30 days as required by OH law. When you move out, be sure to take dated pictures of the unit to correspond with those you took at the beginning of your lease. Make sure you clean the unit well (including appliances) so she won't charge you for cleaning. Have the carpets cleaned. Etc.

What is being amended (changed) is the eviction lawsuit. It is being changed to a settlement as per your written agreement. The court has not viewed anything to this point if you have had no hearing. The judge has not even seen the actual filing probably, just the clerk of court who stamped the case number on it. The judge doesn't see anything until it gets to the hearing stage. This mess (literally) should have been handled differently. Had you sent written notices to the LL by CRRR for all these problems, you could have had the unit declared uninhabitable and moved out without fulfiling your lease. In future, please send all repair requests to your next LL in this manner and keep a copy. And make sure you pay your rent on time. There is no mandatory grace period in OH and LLs can file a 3 day on the 2nd of any month. You need to know the law here to protect yourself. Good luck.
 

aslum

Junior Member
From the look of the links you posted, those are prety much standard forms for OH courts. I assume she posted the 3 day, then waited for it to expires (not counting the day you received it or weekends) before she filed the eviction paperwork with the courts. She should have also filed an affidavit of military service, but maybe they didn't send you a copy of that. With the eviction, she had to attach a copy of your lease (which is very short by the way). Then it looks like you did file to settle prior to the court hearing. She should file this agreement with the clerk of court to have it attached to the dropped eviction suit.

What CA LL said is correct. The last part just means they will do the usual statement which itemizes any damages to the unit that you will be charged for, then send the rest of your deposit back to you within 30 days as required by OH law. When you move out, be sure to take dated pictures of the unit to correspond with those you took at the beginning of your lease. Make sure you clean the unit well (including appliances) so she won't charge you for cleaning. Have the carpets cleaned. Etc.

What is being amended (changed) is the eviction lawsuit. It is being changed to a settlement as per your written agreement. The court has not viewed anything to this point if you have had no hearing. The judge has not even seen the actual filing probably, just the clerk of court who stamped the case number on it. The judge doesn't see anything until it gets to the hearing stage. This mess (literally) should have been handled differently. Had you sent written notices to the LL by CRRR for all these problems, you could have had the unit declared uninhabitable and moved out without fulfiling your lease. In future, please send all repair requests to your next LL in this manner and keep a copy. And make sure you pay your rent on time. There is no mandatory grace period in OH and LLs can file a 3 day on the 2nd of any month. You need to know the law here to protect yourself. Good luck.
I thank you greatly for your "advice" (we will say opinion for legal reasons ;), and the opinions of others in this matter. I need to get some sleep now again im just out of it.. so much stress, please feelfree to post anymore comments, suggestions or "opinions", Thanks!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top