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James Thomas Hodges

James Hodges’s Answers

17 total


  • What can I do about my grandmas landlord trying to make me leave while I'm on house arrest here

    James’s Answer

    You are in a tough spot. You should consider explaining the situation to your supervising officer so you could make an alternate plan if the landlord takes action. If the police are ok with you being there, then it is unlikely they will make you leave. The only remedy the landlord could have is trying to evict your grandma for an unauthorized tenant. It would depend on what the lease says.

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  • Can we legally be evicted in 3 days or can we sue them for tresspassing?

    James’s Answer

    This question is hard to answer without more information. What is the agreement between you and your parents? Is it written? Do you pay rent? If so, you may be entitled to more than a 3 day notice for these type of violations. If you don't pay rent, they can definitely serve a 3 day notice. For the type of violations you mention, you could be entitled to a right to cure. In any event, Ohio law does not allow a 3 day notice to be served by text message.

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  • What happens if I violate my forbearance agreement with my landlord?

    James’s Answer

    It depends on the entirety of the agreement, which we don't have here. But generally, if you follow the agreement you won't be evicted. Also, if a landlord does file an eviction action, you can move out prior to the hearing date to avoid the eviction judgment on your record. However, this doesn't necessarily protect from a claim for rent and damages.

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  • Is a 30 day notice to move required if I moved out after receiving a 3 day notice to pay or quit due to nonpayment of rent?

    James’s Answer

    You may still be on the hook for rent owed during the time you were there. But once the tenancy has ended, your rent obligation is over. In your case, they are on notice that your lease is terminated once you told them you moved out. You could still have to pay the month you left and the next month. But nothing more unless there is something written to the contrary.

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  • How do i get my ex to move out.

    James’s Answer

    In the landlord's eyes, you probably both have equal right to access the unit. I would talk to the landlord to see if you can get out of the lease under the circumstances. If not, make sure the landlord bans the new guy so you don't have to deal with that.

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  • Can I be exempt from court as a witness if I cannot remember everything that happened?

    James’s Answer

    You still must respond to the subpoena. You can't blow it off. If you do, you could face serious consequences. Worst case, you get up on the stand and say you can't remember, assuming that is the trust.

    You should contact the attorney who issued the subpoena and explain the situation. You could be excused by such attorney at that point.

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  • If no security deposit can landlord charge for painting

    James’s Answer

    Can she sue? Yes. Will she sue? Who knows. Should she sue? No.

    I wouldn't sue in this case on behalf of the landlords I represent. And she can't retroactively enforce a new lease provision after the first year. Unless it is clear you agree to be bound by the same. I don't see many courts holding a tenant liable under these circumstances.

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  • What does writ of restitution returned showing expired mean

    James’s Answer

    The landlord will need to reapply for the writ. But I wouldn't sit back and do nothing. You should move quickly to get your things out or work something out with the landlord.

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  • How long does the Prosecutor have to answer a motion for Judicial Release?

    James’s Answer

    There probably isn't a specific limit. For a judicial release to be granted, it requires a hearing. The prosecutor could always object in person at the hearing. In Hamilton County, there is a local rule requiring a response in 10 days. But that requirement is often extended for various reasons.

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  • Landlord family always on property

    James’s Answer

    You have a right to quiet enjoyment of the property. But other tenants, including your landlord, do too. So it would be really fact specific on how disruptive their conduct is to you and your family. If the conduct is really loud, the police could get involved. But once you cross this line, the tenancy could become uncomfortable. I would consider having a civil conversation with the landlord to see if that can help the situation.

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