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Stanley Charles Cwalinski

Stanley Cwalinski’s Answers

5 total

  • Are landlords allowed to file an eviction when rent is one day past due in the state of Ohio?

    I submitted to my landlord a 30 day notice of moving, the month prior. My month of moving, I was one day late on the rent in return my landlord filed for eviction

    Stanley’s Answer

    rent is due on the day listed in the lease, although many leases provide for a grace period. if you are late on rent, the landlord must provide you with a proper 3 day notice and wait 3 business days before filing a formal eviction against you. if he doesn't provide you with the 3 day notice or doesn't wait the proper time to file his eviction, the court will dismiss his case. You should consult with an attorney to get better clarification on if the landlord acted properly and to possibly attend the hearing to ensure the eviction is dismissed if it was done improperly.

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  • How do I evict someone from my home when there was never a lease and only a verbal agreement and no rent has been paid?

    My grandson's father (our daughters ex) moved in with us in January after he lost his job and then moved his girlfriend and her infant in with us, because she had nowhere to go. They have now since brought one of her other two kids in. We have obj...

    Stanley’s Answer

    you do not have to have a written agreement to form a lease. If it was just verbal, then it will be considered a month to month lease. Was there an agreed upon monthly rent amount that he was to pay every month? If there was, then you will have to serve him with a proper 3 day notice to leave the property and then file an eviction action against him, which the court will set for a hearing. If there was no agreed upon monthly rent amount or there were other contingencies/terms as part of him moving in, then you might have to take a few extra steps to get him out. Contacting an attorney will help you get it straightened out so you can properly get him out of the home.

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  • Maintenance of property & yard work who's responsible

    I am the tenant of a single fam three floor home, my landlady says we as "tenants are responsible for climbing up a ladder to clean the gutters. what if we fall or injure ourselves? it is not stated in our lease. she also was trying to say we wer...

    Stanley’s Answer

    If the terms of your lease do not state specific requirements put upon you as tenant, then maintenance of the property for things such as gutters would likely be the duty of the landlord. If there are several issues you have with the house that include repairs and/or safety issues, then you may consider putting your monthly rent into escrow with the local municipal court. Hiring an attorney will help clarify your rights and ensure you follow proper procedure to protect yourself.

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  • Can I sue a landlord for a leak that has water all over my basement that they have known about for at least 2 years?

    The landlord has been shown pics and videos for the past 2 years. But the latest leak that is new I brought to their attention by video about 4 months ago.

    Stanley’s Answer

    If you have notified your landlord of the issue and he has failed to repair it, one option is to start depositing your rent payment with your local municipal court. This way you will not be in breach of your lease and it will force your landlord to make the repair and then ask the court to give him the deposited rent, otherwise he won't get his money. The court will ensure the repairs have been made and may even reduce your monthly rent amount for the months the repair was not completed and give you some of your money back.

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  • Foreclosure eviction timeline

    I live in hamilton county . I have been offered cash for keys , but they won't work with me on a reasonable timeline to vacate. My husband left leaving me to deal with foreclosure & moving alone. I have an extremely disabled son who is ventilator...

    Stanley’s Answer

    the answer depends on where you are at in the foreclosure process. Has the complaint been filed yet? has the property been sold or is scheduled for sale? The entire foreclosure process in Hamilton county from date of complaint filing to the time a purchaser could force you out is approximately 8 months (that is also if you do nothing in response). If it is early in the process, then they should be willing to give you some additional time especially with your situation. If not, you can look to find a place and slowly move out over the course of the next several months while also saving on mortgage/rent payments. Consulting with an attorney may also help, especially with a disabled child, to either get additional time to move if necessary or sufficient funds to find a new place.

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