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.

This page is a permanent link to the reply below and its nested replies. See all post replies »

CountScrofula · 41-45, M

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

Ragnarock1276 · 46-50, M

@CountScrofula ohio

CountScrofula · 41-45, M

@Ragnarock1276 Yearly lease or month-to-month?

Ragnarock1276 · 46-50, M

@CountScrofula Month 2 months and she did serve him in eviction notice today without even inspecting his apartment. She said she's just tired of the neighbors complaining.

Ragnarock1276 · 46-50, M

@CountScrofula I know if it would help but I just found out he is a member of the special Olympics.

CountScrofula · 41-45, M

@Ragnarock1276 Okay so last question and this may be where he has some rights - did the landlord give a proper eviction notice and if so how many days?

Or did the landlord just give a notice the lease would not be renewed next month?

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