Is a Utility Billing Dispute a Defense to Eviction

[ohio216]

This is regarding Ohio law. I have a complex problem here. I currently rent from a private owner (duplex) I have lived here for 2.5 years now. I have been complaining to my land lord regarding the high electric bill I receive every month. My land lord advised me that they have checked the electricity and all electricity is seperated between both houeses. However, I contacted two licensed contractors who came out and stated that all electricity is connected to my unit. I have provided my land lord with the contractors findings and my land lord stated they will give me a credit of $6.50 per month for each month I been paying for the whole house. I informed my land lord that I was not an agreement with $6.50 per month credit.

I contacted the County Prosecutor office as per the light company it is consider a theft of electricity. The Prosecutor office informed me that I need to file a police report, which i did. However, that report has not yet been available for me to take the the prosecutor office. My land lord has now filed an evicition againist me for late rent. However, I have refused to pay rent because I disagreed with the credit amount and I am waiting to her back from the police department so I can take the report to the Prosecutor office. Can I ask the judge for a continueance based upon me not being an agreement with the credit my land lord wish to provide me and pending the prosecutor findings? If so, can I request a continueance before the court date which is in two weeks?

[Mr. Knowitall]

I see no authority for rent withholding in Ohio except for a set of circumstances under which rent may be escrowed with a court. It may be possible to characterize this as a need for repair, such that it would qualify, but it does not sound like you escrowed the rent - it sounds like you simply didn't pay it. You also haven't indicated whether you have filed a counterclaim over the metering issue.

The question of what the prosecutor may or may not find is irrelevant to the present lawsuit. If you believe you have grounds for a counterclaim, file a counterclaim and see about escrowing the withheld rent.

[ohio216]

You are correct I have not placed my rent into escrow because my landlord and I have not agreed to an amount at this time. My landlord advised me to take the $6.50 credit which I refused to take. I have been paying for the whole house and to give me a credit of only $6.50 is a little frustrating for me. I have contacted the light company to get a copy of all bills, but I was informed that could take up to 45 days to receive. I not sure what amount I should place into scrow becuase at this time that amount is up in the air. The clerk of courts office did not advied me when I contacted them regarding placing my rent into escrow...