No More Eviction Moratoriums
While many housing providers still believe there is some form of eviction moratorium in place, all COVID related moratoriums have expired. Evictions are proceeding with delays due to volume in the court system. Certain subsidized properties are subject to longer notice periods prior to filing an eviction. Please check with our office if you have questions.
Eviction Set-outs Are Delayed
Evictions are proceeding in court, but expect delays once you get a writ from the court. Typically, a tenant has 7 days to vacate after the court issues a writ of eviction. In the pre-pandemic world, a housing provider could expect to get assistance with a physical set-out of a tenant within a few days after the 7-day period expires. Currently, housing providers should expect a few weeks before you can actually gain physical possession of the subject premises.
When in Doubt, Return the Security Deposit
Our office gets many questions about when a housing provider can deduct charges from a tenant’s security deposit at the conclusion of a tenancy. Generally, a landlord can withhold the deposit for any monies owed by the tenant, including back rent and damage beyond normal wear and tear. The definition of “beyond normal wear and tear” is generally construed in favor of the tenant. if you are in doubt, you should err on the side of returning the disputed deposit. You can review the specific security deposit statute in Ohio at the following link: Ohio Security Deposit Law
Landlords Required to Provide Reasonable Heat and Hot Water
In the winter months, Housing Providers get many complaints and service requests related to heat and hot water in a rental unit. In Ohio, it is the Landlord’s responsibility to provide reasonable amounts of heat and hot water at all times. A landlord is in violation of Ohio’s landlord tenant act anytime reasonable heat and water are not provided. For a full list of Landlord Responsibilities, review ORC 5321.04: Ohio Landlord Responsibilities
If you are a housing provider in need of legal assistance, contact J. Thomas Hodges and Associates at 513-421-8454 or firstname.lastname@example.org.