What Are My Defenses Against Eviction in Columbus, Ohio?

Question from Ads, What Are My Defenses Against Eviction in Columbus, Ohio?

Answer from AI:

If you are facing eviction in Columbus, Ohio, and your landlord has engaged in various forms of misconduct, you may have several defenses available to you. Here are some key points to consider:

Understanding Your Rights as a Tenant

In Ohio, tenants have certain rights even if there is no written lease. An agreement via text message can still be considered a valid rental agreement. Here are some general rights and protections you have as a tenant:

• Right to a Habitable Home: Landlords must maintain rental properties in a habitable condition, which includes providing essential services like heat, water, and electricity.
• Right to Privacy: Landlords must provide reasonable notice before entering the rental property, typically 24 hours unless it’s an emergency.
• Protection Against Retaliation: Landlords cannot retaliate against tenants for exercising their legal rights, such as reporting code violations or requesting repairs.

Possible Defenses Against Eviction

Given the circumstances you described, you may have several defenses against the eviction:

1. Retaliatory Eviction: If your landlord is evicting you in retaliation for requesting repairs or reporting issues, this could be a defense. Ohio law prohibits retaliatory evictions.
2. Breach of Implied Warranty of Habitability: If your landlord has intentionally broken the AC unit, cut off utilities, or failed to make necessary repairs, they may be in breach of the implied warranty of habitability. This could be a defense against eviction.
3. Illegal Entry: If your landlord has entered your apartment without proper notice, this could be a violation of your right to privacy and may serve as a defense.
4. Constructive Eviction: If the landlord’s actions have made the apartment uninhabitable, you might argue that you have been constructively evicted, which could be a defense.
5. Improper Notice: If the three-day notice to leave was not properly served or if the eviction filing was not done according to legal procedures, this could be a defense.

Steps to Take

Here are some steps you can take to protect your rights and build your defense:

1. Document Everything: Keep records of all communications with your landlord, including text messages, emails, and any written notices. Take photos or videos of the conditions in your apartment.
2. File a Complaint: You can file a complaint with the local housing authority or health department if your landlord is not maintaining the property in a habitable condition.
3. Attend the Eviction Hearing: Make sure to attend the eviction hearing and present your evidence and defenses to the court.
4. Seek Legal Assistance: Consider consulting with a legal professional who specializes in landlord-tenant law. They can provide personalized advice and represent you in court if necessary.

Resources and Legal Assistance

For more information and assistance, you can refer to the following resources:

• Ohio Legal Help – Eviction
• Legal Aid Society of Columbus

If you believe your landlord has violated your rights, it is crucial to seek legal advice. A legal professional can help you navigate the complexities of landlord-tenant law and ensure your rights are protected.