Landlord-tenant relationships are governed by Ohio’s Landlord-Tenant Act (R.C. Chapter 5321), local ordinances, and the terms of the lease. When disputes arise, both sides need to understand their rights. Zachary B. Simonoff represents both landlords and tenants in Lorain County and throughout Northeast Ohio.
Representing Landlords
Owning rental property comes with legal responsibilities and legal rights. When a tenant fails to pay rent, violates the lease, damages your property, or refuses to vacate, you need to follow Ohio’s statutory procedures carefully. A misstep in the eviction process can delay recovery of your property by weeks or months and may expose you to liability.
Zachary B. Simonoff assists landlords with eviction filings and forcible entry and detainer actions, drafting and reviewing residential lease agreements, three-day and thirty-day notice requirements under R.C. 1923.04, recovery of unpaid rent and property damages, security deposit compliance under R.C. 5321.16, and holdover tenant situations. He ensures that every step of the process complies with Ohio law so that you can recover possession of your property as efficiently as possible.
Representing Tenants
Tenants have significant protections under Ohio law, but many people are unaware of their rights until a problem arises. If your landlord has failed to maintain habitable conditions, is attempting to evict you improperly, has withheld your security deposit without justification, or is retaliating against you for asserting your legal rights, you may have remedies available.
Zachary B. Simonoff represents tenants in wrongful and retaliatory eviction defense, security deposit disputes, habitability claims, illegal lockouts and utility shutoffs, lease disputes and early termination issues, and other matters arising under R.C. Chapter 5321.
The Eviction Process in Ohio
Whether you are a landlord or tenant, understanding the eviction process is important. A landlord cannot simply change the locks or remove a tenant’s belongings. The landlord must first provide proper written notice — typically a three-day notice for nonpayment of rent or a thirty-day notice for other lease violations or month-to-month tenancies. If the tenant does not comply or vacate, the landlord must then file a forcible entry and detainer action in the appropriate court. The tenant has the right to answer and raise defenses, including the landlord’s failure to maintain the property. Only after a court issues a judgment and a writ of restitution can a tenant be lawfully removed.
Failing to follow these procedures can result in a case being dismissed, forcing the landlord to start over. For tenants, understanding the timeline and your defenses can make the difference between losing your home and reaching a fair resolution.
Security Deposit Disputes
Under R.C. 5321.16, a landlord must return the tenant’s security deposit, along with an itemized list of any deductions, within thirty days of the tenant vacating the property. If the landlord fails to comply, the tenant may be entitled to recover the deposit plus damages equal to the amount wrongfully withheld, along with reasonable attorney’s fees. For landlords, proper documentation of the property’s condition at move-in and move-out is essential to withstanding any challenge to deductions.
If you are a landlord or tenant facing a dispute, call 440.253.9459 to discuss your situation.