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
It depends upon what you mean by being "one day late on your rent". Every State I know of requires a landlord to issue the tenant a written pay or quit notice. Most States require that a tenant be given 3 days to pay their late rent or get out. If they do neither in that time frame, then and only then can a landlord go to court to file an eviction action. If you were one day past the pay or quit deadline, then yes, the landlord can pursue an eviction. If you never were served a pay or quit notice, then no, the landlord's action is most likely not lawful and is subject to being dismissed. Either way, you need to appear in court at the correct day/time/place or you will likely automatically lose and end up with an eviction on your record - something you definitely do not want. Exactly how many days are required in a pay or quit notice in Ohio will take an Ohio licensed attorney to say, but the principle is still the same. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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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