|
Does Rachel Pickett know what she's talking about?
"It is not uncommon for landlords who rent one or two single-family homes to reject Ohio Tenant Law as a matter of practice. Perhaps that is due to the fact that Ohio Landlord Tenant Laws are vague . . . ."
There is nothing farther from the truth. Ohio's Landlord and Tenant laws are not vague. In fact, they are codified so that everyone can read exactly what the law is. For example, Ohio eviction law is set out at this link. And Ohio landlord tenant law can be found at this link.
"These landlords that reject the common laws are usually the types whom depend on income from renters as part of their monthly income . . . ."
This statement is evidence that the author is uncertain of the difference between common laws and statutory laws. Ohio's landlord tenant act is statutory law. As is also Ohio's eviction statute. Statutory law is not common law.
Landlord's that don't pay taxes on rent income or that don't invest a portion of the rent to maintain the property "are quick to file an eviction against renters because they are greatly inconvenienced."
Quick to file an eviction in what situations? It would seem to be the exact opposite. This type of landlord doesn't seem to have much money and would possibly be more lenient to keep a renter even when the renter falls behind in rent. I'm still waiting for how to beat an eviction by a private owner, Rachel.
Rachel recommends making a long term payment arrangement with your landlord if you fall behind on rent and this will create an implied contract that overrides the terms of the lease.
She is wrong. Generally, you would need to make a written agreement with your landlord spelling out different payment terms for it to take precedence over the lease.
Rachel claims that late payments on rent for more than two consecutive months will allow you to continue to make late payments without fear of being evicted.
Generally, such an implied contract is not formed unless several months of rent have been paid late. Don't count on this defense at court. Many judges may require many, many months of late rent before such an implied contract is formed. This is not a good way to beat an eviction but more like a last resort without much punch.
Rachel somehow tries to tie in unpaid interest on a security deposit with an eviction defense.
The Ohio law on security deposit interest is - Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant. Unpaid interest on a security deposit is not a defense to an eviction and asserting it will get you nowhere in an eviction case.
"Documentation, continued communication, and honesty on the part of the leaseholder are the keys to beating an eviction in Ohio courts."
This is the first I've heard of any of these terms in this article when it comes to how to beat an eviction by private owner in Ohio. What documentation are you referring to? What communication is going to beat an eviction? How will the tenant's honesty beat an eviction? Did you pay rent? No, I didn't. Fine, you're evicted.
Rachel really doesn't offer us much in the way of how to beat an eviction in Ohio by private owner. If you want the real deal visit www.ohiolandlordtenant.com/fightkit.html or www.ohiolandlordtenant.com/unlawful_evictions.html.
|