Is it legal for an apartment manager to Evict somebody without proof of them doing anything wrong.

My friend had inspection today at his apartment. And the manager walks in doesn't check anything and just says

it stinks in here. I'll be back in a few days, if it still stinks you're Evicted.

You can take pictures of dirt and damage.But To evict someone because you don't like the way their apartment smells? There is no paper trail. No proof of any wrong doing. And on top of that. He is mentally handicapped.
And been found incompetent by multiple psychologist.

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CountScrofula · 41-45, M

If you can tell me the state I can tell you the rules.

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Ragnarock1276 · 46-50, M

@CountScrofula Proper eviction notice 30 days.

CountScrofula · 41-45, M

@Ragnarock1276 Okay so.

The landlord has a right to simply cease renting to your friend with 30 days notice. If the landlord knew the law, this would be the play. Good news, the landlord doesn't seem to know this. Your friend has more rights under eviction.

Furthermore, your friend should have a 30 day notice period to clean up the place. Here's the law:

Failure to Fulfill Tenant Obligations

According to ORC §5321.11, if a tenant fails to fulfill their obligations under Ohio law, a landlord may give them a 30-day notice to correct the violation. If the tenant does not correct the violation within thirty days after receiving this notice, the landlord may give them a 3-day notice to vacate, and then file for eviction if they do not move out within three days. (See Tenant Obligations)

So here's how you deal with this:

There needs to be a cleanup of whatever kind can be done. Cleaning party, hiring a service if someone has the cash, ANYTHING. If that smell is not gone, your friend loses the place.

The landlord has served an illegal eviction notice and is going to have a court fight to actually make this eviction stick. The landlord does not want a court battle.

Furthermore, the landlord does not want to have to clean this place. Why would she? It is way, way, WAY easier if he stays there and corrects the issue.

The way out of this is to not only scare her with "You don't know the law and I do", but to make it clear that a cleanup is a MUCH better option for her personally because otherwise she gets to go to civil court and then clean out the place after he's gone and getting him out may take a long time.

It is better if he has an advocate to communicate this to her. And importantly, for any of this to work, the smell needs to be corrected. If that's not an option, he's out.

Ragnarock1276 · 46-50, M

@CountScrofula thank you

smiler2012 · 56-60

[@ragnarrock1276] i think the apartment manager will be hard pressed too evict your friend on the grounds given this just shows how cruel and vindictive some worse off than themselves

nonsensiclesnail · F

You should check with your state housing authority about the laws in your area.

Roundandroundwego · 61-69

Yes. You get that - victims of domestic violence are tossed out that very day. My child assaulted me, I got evicted. Where did you think all the trash people in the streets came from? One guy strangled his wife because her medical care was outrageous and expensive. Without him she'd die anyway. Fair is that for murka. For the no socialism middle class.

Iwillwait · M

Time for glade plug-ins and a deep clean.

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NativePortlander1970 ·

@Ragnarock1276 Managers are the evil little minions as landlords and just as evil.

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