State Specific Question About: OHIO (OH)

resident can attempt to press charges if they so desire, what are the police saying? I say she doesn't have a leg to stand on but that's just my opinion.

"Police refuses to intervene" - sounds like they are saying it is a civil matter. Meaning that the state will not pursue it directly, and the tenant will have to sue you herself in court to seek justice.

I detest section-8ers like this one, had one myself. Man that was a rough year. You'll get through this, don't give up. And don't repeat this mistake.

Be careful not to confuse civil statute with criminal statute

While under civil statute Landlord clearly retains certain rights when you engaged in a residential lease and temporary property rights are transferred to the tenant, those rights are not an absolute immunity to criminal statues

As long as the tenant is a legal resident they retain certain rights, as such, under your fact pattern if the tenant is home and does not want to allow entry, you cannot force your way into the home, without exposing yourself to criminal prosecution

The police have chimed in, the tenant is free to make a criminal complaint, but the police feel your actions of nudging the door arises to criminal action, now if you had actually kicked the door in, the door hit the tenant causing them to fall to the ground and was injured, that fact pattern would equate to jail time for you

If you entered, yes...

If you have been over there more than once after being told to leave yes.

The cop put it in the hands of the judge,

Solve the problem, eliminate the tenant..

You had a right to enter.

Tenant did not have the right to barricade the door when they knew you were coming.

They gave you a rent check and you took it.

If they object, you can call the cops, if they still object you can enter a court case situation, for a Judge to hear.

It is a civil case, and could be criminal, it is now up to the Judge.

Tenants Rights,. they have possession, and they also have their possession there to protect, you are the intruder, and was ask to not enter.

You may be looking at Criminal Trespassing.

A smart man limits his liabilities, and knows his limits...

They gave you a rent check and you took it.

If they object, you can call the cops, if they still object you can enter a court case situation, for a Judge to hear.

It is a civil case, and could be criminal, it is now up to the Judge.

Tenants Rights,. they have possession, and they also have their possession there to protect, you are the intruder, and was ask to not enter.

You may be looking at Criminal Trespassing.

A smart man limits his liabilities, and knows his limits...

You must have a bona fide reason to give notice to enter the premises.

Sorry, if the tenant refuses to let you enter - then you don't. You have no right to force entry.

It was not an emergency that you had to enter to show someone the house. And why would you subject yourself to this unfriendly situation in front of your prospective tenant?

It never is an ideal time to show a property with an uncooperative tenant.

Seems to me you have to go the eviction route with a lawyer handling everything.

Are you sure the tenant has a new section 8 voucher. Perhaps they don't have the voucher so they are not moving but will be freeloaders for a while.

Don't believe you can deduct the damaged door from their security because you were attempting to gain entry, door was barricaded and by your "nudge" probably caused the damage - or they would claim that.

And yes, they do have the right to say when you can or cannot enter.

Sorry, but we landlords have to follow the law and tenants have certain rights while they are tenants in our properties.

Generally speaking you have right of entry. If the tenant refuses unless it is an emergency where the property is being damaged then PD might assist - such as to shut off water, electric, etc.

Otherwise you immediately serve notice to comply or quit, I would also probably immediately file a SC damage case if there were obvious damages, along with beginning eviction.

I try to head these things off by having a very clear talk with tenants before move-in as to what is expected and what they can expect from me, meaning a responsive LL to their needs.

I talk a mean story - from a lifetime of experiences, but the reality is I've had one relatively minor problem in the past three years and that was resolved without going to court, and didn't even require a trip into the desert with a shovel. ;)

The main thing is to keep communication open. Tenants are often afraid of the LL, I don't want my tenants to be afraid of ME, but of what I will DO if THEY screw around with me. So long as you keep that mindset and maintain a pleasant professional relationship - AND are relatively careful who you let in, your problems are minimal.

This is one of those cases where the jailed LL can say all day long "but the law says...!"

I'm with Gwen - stay away from crazy people.

Nudge? as in forced? Barricaded with stuff? Obvious they did not want you in and you knew it. My guess is there was some yelling involved, too.

And what did this accomplish other than put you at risk? NEVER argue with a tenant. Bible says never argue with a fool.

Notices on door don't count if tenant says NO.

Tenant's free atty would LOVE to take this to court. My judge would hang my by my thumbs. He'd give the tenant 3 months to get out.

Protect YOURSELF first, esp legally. File and evict.