Is any if this valid in ohio

[Sugarbear0143]

On 8/5/2019 landlord cashed money order for 30% of rent knowing an agency was mailing the 70% remaining to a PO box he provided.
8/08/19 he left a 3 day notice with no reason given. Stating we were to be out on 8/12/19.
8/14/19 landlord files eviction complaint at one point stating rent is 580 per month then stating amount owed is 585 plus late fees for August rent after he cashed a check for 175.50(30%) leaving 409.5 owed. He also put an incorrect date that we took over the apartment. Will we be able to win? We have people from agency that pays the 70% coming to court to verify they sent the payment to the address he provided them.

 

[quincy]

What agency pays your rent?

 

[adjusterjack]

We have people from agency that pays the 70% coming to court to verify they sent the payment to the address he provided them.

But when did he receive it? And did he keep it?

"The check is in the mail" doesn't cut it.

If he didn't receive it by the end of the 3 day deadline, then eviction is proper.

If you need an "agency" to pay your rent (or part of it) you need to make sure the "agency" gets the check to the LL by the due date.

 

[Sugarbear0143]

Greater dayton Premier management

 

[Gail in Georgia]

From your lease...when is rent actually due and when does it become late? Typically rent is due on the first; late after a certain amount of time has passed (sounds like in this case 8 days); you were served with a notice to "remedy" the situation within three days and if this did not occur you were to "quit" (vacate the rental property). When that did not take place the landlord filed for the actual eviction.

All perfectly legal.

Even if you can prove to the court the remaining funds were provided it is likely you owe for the filing fee for the eviction.

"On 8/5/2019 landlord cashed money order for 30% of rent knowing an agency was mailing the 70% remaining to a PO box he provided."

"Knowing" and actually getting the money are two very different matters.

Gail

 

[LdiJ]

On 8/5/2019 landlord cashed money order for 30% of rent knowing an agency was mailing the 70% remaining to a PO box he provided.
8/08/19 he left a 3 day notice with no reason given. Stating we were to be out on 8/12/19.
8/14/19 landlord files eviction complaint at one point stating rent is 580 per month then stating amount owed is 585 plus late fees for August rent after he cashed a check for 175.50(30%) leaving 409.5 owed. He also put an incorrect date that we took over the apartment. Will we be able to win? We have people from agency that pays the 70% coming to court to verify they sent the payment to the address he provided them.

You certainly have a shot at winning, particularly if it can be demonstrated that he cashed the check from the agency.

 

[DeenaCA]

Greater Dayton Premiere Management is a contractor administering HUD's housing choice voucher program ("Section 8") in Dayton. If you are a participant in the voucher program, your landlord signed a Housing Assistance Payments contract ("HAP contract") when you moved in. Here's an excerpt from the HAP contract (page 9):

The tenant is not responsible for paying the portion of rent to owner covered by the PHA housing assistance payment under the HAP contract between the owner and the PHA. A PHA failure to pay the housing assistance payment to the owner is not a violation of the lease. The owner may not terminate the tenancy for nonpayment of the PHA housing assistance payment.

In this case, the landlord has agreed in advance not to evict you for nonpayment of the agency portion of rent. I recommend that you contact Greater Dayton Premiere Management to straighten out the issue.