Skip to main content
Peter Stephen Kirner

Peter Kirner’s Answers

1,827 total


  • Security Deposit return

    I have a tenant who did not pay June rent and is asked to move out by the end of month. Can I keep the deposit since they did not pay rent and really made the nice apartment look like a rummage sale!

    Peter’s Answer

    Yes. By law you are required to forward them a notice advising them specifically why you are retaining any security deposits. You can do that, and have them sign it, so that you are entering into an agreement. Depending on the apartment, you still have a right to pursue damages. The bottom line is that you can enter into an agreement for whatever you want. Good luck.

    See question 
  • I live in ohio,my grandmother owned a home which was sold to my cousin. I rented there. he says I have to leave,whats my rights?

    MY GRANDMOTHER OWNED A HOME FOR MANY YEARS,SHE DIED AND HER CHILDREN TOOK OVER OWNERSHIP,THEN SOLD THE HOME TO MY COUSIN. I PAID RENT UNDER HER CHILDREN,MY COUSIN TOOK OVER AS OWNER TODAY,HE SAYS I NOW HAVE TO LEAVE.HOW LONG DO I HAVE A RIGHT TO G...

    Peter’s Answer

    You would need to be evicted. They are asking you to leave, so you can simply just leave, if you are in agreement. You can ask for a date certain, and just comply with that. If as counsel indicated, there is no lease, then you would need to be evicted. That process will take approximately 30 days from start to finish. They will serve you with a 3 day notice, then they will evict you if you do not move. You will then have an eviction on your "record" and if you want to rent again, that may be problematic. I would just talk to them, and make arrangements to move out. Good luck.

    See question 
  • Can I get out of my lease in Ohio for not feeling safe?

    I rent a room in a house where I have a few room mates, one of which is the landlord. I recently found out that one of the men I live with who is not the landlord is a wanted felon. He also brings his friends around who have been to prison. I've v...

    Peter’s Answer

    I agree with counsel. The answer to your question, is unfortunately "NO". Feeling safe is not a valid basis to terminate a lease. You should talk to the landlord and see what you can agree to. Good luck.

    See question 
  • Going through a divorce in Ohio. Can the wife get a restraining order to force me to move out of my house?

    Neither of our names is on the house deed

    Peter’s Answer

    Depending on the jurisdiction, and the local rules of that court, and behaviors of the parties, the answer is maybe. If she filed for it, and it was granted, then the answer is yes. Good luck.

    See question 
  • My attorney isn't doing a great job following up on my investment information from my ex's attorney. It's 16 months post divorc

    Can I reach out to my ex's attorney?

    Peter’s Answer

    Sure. You can terminate the services of your attorney, and either retain another, or follow up on your own. Good luck. Attorneys are prohibited from talking to other parties who are represented. Good luck.

    See question 
  • Opposing attorney in divorce case not releasing trust money. Tax return to be split 50-50 by court order.

    I signed the federal tax return check (9 months ago) and it was to be cashed by opposing attorney and 50% given to me (court ordered in final and filed divorce decree). I have not received the money. Opposing attorney is not responding to requests...

    Peter’s Answer

    In part, it depends on the drafting of the language. Generally it is not the attorney that is responsible, it is the other party. You should file a show cause motion, against your husband, with the court. If you have an attorney, you can also file for attorney fees. The police will not likely do anything in this matter. Really your only action is to file a show cause motion. Good luck.

    See question 
  • Shipping

    i purchased a motorcycle out of state from a dealership on Friday, April 24th. The bike was to be shipped as soon as the bank processed the paperwork which was overnighted back to the bank. The dealership charged me $900 to ship the bike. Last Fri...

    Peter’s Answer

    You can complain. What were the terms and conditions of the delivery ? Did they give you a time frame for when you would get it ? I doubt you have any recourse here, assuming the bike arrives somewhat timely. Good luck.

    See question 
  • Is it legal for a landlord to file an eviction notice 10 days after the rent is due if you haven't paid it yet?

    Our trailer park has a new policy that of your rent isnt paid by the 12 the of the month they will file an eviction notice against you. And once that is filed there is nothing they can do. I understand if someone hasn't paid in a couple months and...

    Peter’s Answer

    YES. Rent is due on a day certain. IF you do not pay by that day, you can and will be evicted.

    See question 
  • I want to break my lease but my landlord is keeping my deposit and is now asking for a re-letting fee.

    The landlord has agreed to let us out pending we are responsible for the rent if we don't find another tenant. We have already agreed to forfeit our deposit, but now she is asking for a re-letting fee. Is that legal? I thought that would be a part...

    Peter’s Answer

    You are in a contract, if you want to break that contract you can. IF you break that contract you can be sued. You can be responsible for the balance of the lease payments, until such time the landlord is able to re-rent the property. IF they cannot, then you have to pay. You COULD be entitled to the return of your security deposit so long as there are no damages. That being said, regardless of your contract, you can both jointly agree to terminate the lease on what ever terms the two of you agree. IF you do not want to comply with their terms, you could be sued. So, you have to weigh your exposure and time against an "agreement". What ever you agree to, get it in writing !!!! Good luck.

    See question 
  • Is it legal for landlord to show house you are still in and while moving out after giving 30 day notice?

    Landlord showing house to rent that is still being occupied till end of month when lease is expired. All personal belongings all over and cannot always be home, is showing house for potential new tenants. Lease does not say anything about tha...

    Peter’s Answer

    Neither inappropriate, nor rude. The house belongs to the landlord and hence they are permitted to do this. So long as they give you 24 hour notice, or notice permissible per your lease, then they are with in your rights. Sorry.

    See question