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  1. #1
    Join Date
    Jan 2016
    Posts
    3

    Default My Landlord and Ex- Are Trying to Force Me to Move Out

    My question involves landlord-tenant law in the State of: Ohio

    My boyfriend and I broke up a week ago. He contacted the landlord and told the landlord to removed my name from the lease. The landlord then called me and told me that he would removed my name from the lease and I had 1 week to move. I told him I would need more time as I have no place to go and have 2 children. He made the comment "you have one week or things will become hostile". I asked him numerous times for atleast 2 weeks to find a place, pack and move. He then told me that if I didn't move he would evict my ex and myself. We are both on the lease, rent has always been paid on time and we are good tenants.

    After or phone conversation I emailed him and asked for clarification as to how he could evict us both. He never really answered my question and proceeded to push more for me to move out in a week. Yesterday he emailed me again...

    This is the email:
    It important both of you to understand is that ------- Properties represents the owners, while trying to suggest a resolution of your lease, not your separation agreement. Accept this as notice that you should each hire legal counsel for consultation and representation in this matter. I am not an Attorney and i do not wish to practice law.

    Jon your collective security deposit under the lease is in jeopardy. It is a guarantee to the Owner of your specific performance of the terms of the lease. I believe the Owner now may have a potential claim to keep the security deposit against the damages charged to lease the property to Carissa or someone else. ------- Properties charges one month's rent as a leasing fee to our property management clients. Jon, you have the right to surrender your security deposit to the owner to settle your obligations to the Owners. The alternative is that you may be party named in a forcible, entry and detainer action with the possibility of collection of potential damages aka eviction.

    Carissa, by your default, and continued requests for clarification, you have not responded to the opportunities presented to you, and you have now lost your "get out of this relationship quickly and for free opportunity". The simple english translation is usually the standard interpretation of all communication. Read it as if you were an 8th grader assuming no more and no less that the words themselves. Legal Consultation may be beneficial for your interpretation.

    Carissa, your interpretation is very good. You both have the right to possess and to occupy the home until you mutually agree otherwise or until you default on the terms of your lease. I made a mistake in this mornings email. On behalf of the owner, he has offered to complete a new lease with Carissa subject to the surrender of your collective security deposit and with the payment of a full security deposit and one month's rent on or before February 1, 2015.

    1. Jon from yesterday's email, i believe you have agreed to surrender possession of the home to Carissa? Jon are you willing to surrender your interest in the lease with Carissa and your claim to the security deposit to the Owner to terminate your leasehold responsibilities?

    2. Carissa are you willing to surrender your interest in the lease with Jon and your claim to the security deposit to the owner to terminate your leasehold responsibilities?

    3. Carissa contingent on Jon's agreement to #1 and your agreement to #2 the Owner has offered you a new lease starting February 1st with the payment of a security deposit and the first month's rent.

    Time is of the Essence for you to act and to settle your leasehold interests and to avoid possible legal action. Please direct us how you wish to proceed.

    Respectfully Yours;
    --------
    I looked at the lease and there is a part that states the lease can not be modified without written agreement by all parties. So I'm not sure how he can just take my name off the lease without my consent. All I asked for was more time. I tried negotiating with my ex and he is just being unreasonable.

    I have no clue where to start with all of this...any advice would be appreciated

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Landlord and Ex Are Trying to Force Me to Move Out

    He is still wrong.

    He can make conditions (like the loss of the security deposit) to take one of you off the lease and sign an amended lease with the other party, However, he cannot force a forfeit of the security deposit if one of you moves out without being removed from the lease...nor can he force anything to happen by any specific date. (like February 1st)

    Time is NOT of the essence.

  3. #3
    Join Date
    Jan 2016
    Posts
    3

    Default Re: Landlord and Ex Are Trying to Force Me to Move Out

    Is there anything I can do to prevent his threats of eviction and hateful emails at this point? My ex told him to go ahead and start legal action. But what legal action can actually be taken?

    This is the email that the landlord sent me yesterday, I questioned the part where he states that he will give my ex possession of the house. That's what prompted the email I posted previously....

    "Carissa & Jon;

    Has there been any discussion of settlement between the two of you? On behalf of the owner i submit the following;

    Jon, Carissa has not responded to my proposed offer of settlement.

    Carissa, Jon has offered surrender the possession of the house to you.

    Carissa, are you prepared to accept the full responsibility of the lease?

    Jon, are you willing to surrender leasehold rights and the security deposit to Carissa?

    Carissa, Now with Jon's proposed settlement, I can offer you a new lease on a limited basis. Until February 1, with a security deposit, I can offer to complete a new lease with you. Jon would have to agreed to surrender his claim to a security deposit refund or you would have to pay a security deposit of your own.

    Without a mutually agreement that i am trying to broker, Jon has the right to claim possession and can access the property at anytime. "Time is of the Essence" to claim your exclusive right of possession.

    Carissa, Please direct us how you would like to proceed? "

  4. #4
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Landlord and Ex Are Trying to Force Me to Move Out

    Quote Quoting clc2015
    View Post
    Is there anything I can do to prevent his threats of eviction and hateful emails at this point? My ex told him to go ahead and start legal action. But what legal action can actually be taken?
    You can’t prevent him from making threats, but remedies are available to you if he violates landlord-tenant laws. As llworking pointed out, he can’t take any action at this point. Feb 1 is not 30 days notice to terminate your tenancy assuming it is month-to-month.

    Do you intend to stay or do you just need more time?

    If you haven’t yet, take a look at ORC 5321 with attention to 5321.16 about security deposits and 5321.17 about termination of tenancy. Also you could read this booklet.

  5. #5
    Join Date
    Jan 2016
    Posts
    3

    Default Re: My Landlord and Ex- Are Trying to Force Me to Move Out

    We are 4 months into a 1 year lease. My original intent was to try to come to an agreement with my ex so neither one of us get screwed (for a lack of better words). But since all the threats and demands started I have began to look for some where else to go. But now I'm concerned that if I do leave, one of them is going to sue me because it's became so hostile. Tough situation.

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