Landlord is trying to illegally evict?

Ok, to make a long story short we pay 485$ a month in rent. We decided one month to pay the current month and next months rent so we could get it out of the way. That means we gave our landlord 970$.

We went there, gave him the envelope with the cash, counted it and then got a cash receipt for it.

The landlord shows up a couple days later claiming we were 100 dollars short.

The landlord then wrote (very informally mind you) on a piece of paper that basically we were being evicted and attached his copy of the cash receipt with void written across the top. Which is obviously illegal, you cannot void cash receipts.

So we get a court date and then my Mother mixed the days up and ended up missing the court date which is totally our fault. Well we were given around a week and a half to move out or they are going to come in and put all of our stuff on the side of the road.

We have attempted to appeal the ruling but courthouse ended up not having the paperwork needed and we had to jump through a bunch of hoops to get the papers we needed. When we finally put in the papers we are told the judge is in today and will look at the papers. We called back today to find out he did not even show up.

The next day the judge will be in is the same day that they can come in an take all our things and throw them by the road.

What exactly can we do at this point? Who can we talk to? We can’t afford an attorney right now sadly.
I live in Ohio. I forgot to add that.
We went to a community legal aid assistance service but they said they couldn’t help us right now because they had too much going on basically.
Hector- The reason we are not coughing up another 100 dollars is because we sat there and counted on his desk the entire amount of 970 dollars. You cannot say that because you are a landlord with good ethics that every landlord is that way. I have had landlords that walked into my house while my mother was in the shower home alone. Not everyone is good intentioned.
White- I understand the case is solid. Thank you for your answer, but unfortunately it didn’t answer the question.

Posted in Landlord Tenant Law.

4 Comments

  1. Go and see the Civil Legal Aid office for your area. The court clerk can give you their address and phone number.

  2. There are some holes in your story. First, since you did pay for the current month, they cannot evict you that quickly. Even if you fail to pay rent, the landlord needs to give you 30-60 days notice (depending on where you live). If they take your things and toss them “by the side of the road”, you can file a suit in small claims for the value of your things. You have a good case to take to court regarding your rent. Since you have the receipt for the cash you gave the landlord (and since he counted it before he wrote the receipt), it’s a sure winner. You need to get your act together on going to court.

  3. This would be handled in Small Claims court and you don’t need an attorney.
    Missing your court date was a HUGE mistake and any judge would have decided against you.
    Obviously, you should have counted out the money with the landlord. At this point, why not cough up the other $100 and beg the landlord to take it? I doubt he’s lying about the amount.

    I am a landlord myself.

  4. You need to move out. The landlord won this case, the judge will not be getting to whatever you submitted after the fact.

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