Harassment in Columbus

[Hareuhal]

That is precisely the situation I was in (except that the initial lease period was 6 mo.).

My problem is that we have someone in this thread saying that, even during the lease period, the landlord can simply refuse the payment of rent for any reason whatsoever, then cry to the court about non-payment of rent by the tenant, and start eviction. IANAL, but I call BS. Is it BS, or can a landlord legally play this dishonest game?

It's BS. A landlord can't legally do so in the middle of a lease.

From the way this person is describing it, he was one of those landlords who I previously stated I would be happy to never rent from.

He says he had it "down to a science", and although he says the tenants weren't the best people....he makes it abundantly clear that he was taking side paths to get them out, instead of going the legal way....because he did not have any legal grounds for eviction. So they might not have been the best, but they didn't break anything in the lease terms or state/federal laws to allow a proper eviction.

 

[samkent]

I don't know the OP's rental situation. So I can't say how hard his landlord would have to work to get them out.

I don't want to derail this thread but I feel the need to inform what 'can' happen even if you believe you are protected by laws.
We found out that leases are of value only when the tennant has assets you can go after if they violate the terms.
Plus the terms tend to be 'spongeable' once you get in court.
To collect court ordered past due rent you must know their bank account number. They don't use banks.
If they walk out in 6 months and you get the place rented on month 7, the court feels you are not out anything so no money.

We all know there's the way the world should work and the way it really works.

 

[Sir Diealotz]

Wow this thread has been derailed and crashed LOL!

Kody,

Wish you the best and good luck.

 

[NEOOpenCarry]

Back on topic.

When I spoke with Kody, I also explained that he could carry loaded. I did advise him against chambering a round if he were going to sling the rifle across his back. He doesn't need someone coming up from behind and attempting to fire the rifle...and succeeding.

There are some folks out there that believe that a loaded magazine inserted into a firearm, but with no round chambered, means the firearm is unloaded. Under Ohio law, that doesn't fly. It's loaded.

I also explained that he was doing nothing wrong by carrying his magazine in his hand, either.

I have been too busy to continue the conversation, but Ms. Wickes did fly off the handle at me and called 'firearm lovers' 'unstable'.

When and where was this? The last I posted on her Facebook we seemed to have it pretty much resolved. She was aware that everything was ok and legal and said she would contact me later if she had other questions. What happened since?

 

[Werz]

My problem is that we have someone in this thread saying that, even during the lease period, the landlord can simply refuse the payment of rent for any reason whatsoever, then cry to the court about non-payment of rent by the tenant, and start eviction. IANAL, but I call BS. Is it BS, or can a landlord legally play this dishonest game?

They can refuse to accept rent payments, but the breach of contract is theirs, not yours. If you have an unexpired written lease and you want to continue your tenancy, you would still need to pay the rent, but you would give written notice to the landlord and pay your rent into escrow with the clerk of the municipal court, the same way you would do if the landlord failed/refused to make repairs or maintain a habitable dwelling. See R.C. 5321.07 et seq. But realize that the landlord can still give 30 days notice before the end of the written lease, and at that point, the show's over.

 

[JediSkipdogg]

I don't know the OP's rental situation. So I can't say how hard his landlord would have to work to get them out.

I don't want to derail this thread but I feel the need to inform what 'can' happen even if you believe you are protected by laws.
We found out that leases are of value only when the tennant has assets you can go after if they violate the terms.
Plus the terms tend to be 'spongeable' once you get in court.
To collect court ordered past due rent you must know their bank account number. They don't use banks.
If they walk out in 6 months and you get the place rented on month 7, the court feels you are not out anything so no money.

We all know there's the way the world should work and the way it really works.

The other problem you have is in this day and age with many renters doing background checks do you want an eviction (even if won) on someone's records? My brother was in a case about 10 years ago where he was told in the middle of a month he had 7 days to get out. We knew that was illegal and called an attorney and he said while we might win, do we want to? We asked him to explain and he said basically once they file the paperwork, they destroy you. It shows up on the courts websites which is near impossible to remove and then any future landlords will see that and basically refuse to rent to you.

There's repercussions for all decisions and one needs to think about future.

 

[eye95]

They can refuse to accept rent payments, but the breach of contract is theirs, not yours. If you have an unexpired written lease and you want to continue your tenancy, you would still need to pay the rent, but you would give written notice to the landlord and pay your rent into escrow with the clerk of the municipal court, the same way you would do if the landlord failed/refused to make repairs or maintain a habitable dwelling. See R.C. 5321.07 et seq. But realize that the landlord can still give 30 days notice before the end of the written lease, and at that point, the show's over.

Now THAT makes sense!


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