Tenants and landlords both are have rights and responsibilities under Ohio law. For example, landlords must make repairs, keep the electrical, plumbing and sanitary fixtures in good working order, and give the tenant reasonable notice before entering the house or apartment. Tenants must keep their unit clean, use the fixtures and appliances properly, and not disturb their neighbors. The parties’ lease may impose additional requirements on landlords and tenants.
Concerned about a Housing Issues? Free Eviction Help!
Call Legal Aid at 216-687-1900 or apply for help 24/7 online.
CLICK HERE for a artwork you can download/print to help spread the word!
How to Rent Deposit when Housing Conditions are a Problem
In Ohio, if a landlord refuses to make necessary repairs within a reasonable amount of time, a tenant can “rent deposit.”
“Rent deposit” or “rent escrow” means a tenant can pay rent to a court, instead of the landlord.
The tenant must be very careful to follow certain rules when paying rent to a court. If a tenant stops paying rent because the property needs repairs, the tenant risks an eviction for non-payment of rent. Instead of refusing to pay the rent, a tenant should follow the rent deposit procedure.
Click here for a brochure on “How to Rent Deposit” published by Legal Aid.
Ohio Landlord-Tenant Law: The Basics
Learn about Ohio Landlord-Tenant Law through this new brochure published by Legal Aid.
Ohio Landlord-Tenant Law: The Basics
Ley de Arrendadores e Inquilinos de Ohio: Cuestiones básicas
Sheria ya Mwenye Nyumba- Mpangaji ya Ohio: Mambo ya Msingi
In Ohio a Landlord has a duty to:
- Keep the property in livable condition.
- Keep the common areas clean and safe.
- Comply with building, housing, health, and safety codes.
- Keep in good working order all electrical, plumbing, heating, and ventilation equipment.
- Maintain all appliances and equipment supplied by the landlord.
- Provide running water, hot water and heat (unless the hot water and heat are controlled entirely by the tenant and supplied by a direct public utility hook-up).
- Provide garbage cans and trash removal (if the landlord owns four or more residential units in the same building).
- Give at least 24 hours notice, unless it is an emergency, before entering a tenant’s unit, and enter only at reasonable times and in a reasonable manner.
- Evict the tenant when informed by a law enforcement officer of drug activity by the tenant, a member of the tenant’s household, or a guest of the tenant occurring in or otherwise connected with the tenant’s premises.
In Ohio a Tenant has a duty to:
- Keep the property clean and safe.
- Dispose of rubbish in the proper manner.
- Keep the plumbing fixtures as clean as their condition permits.
- Use electrical and plumbing fixtures properly.
- Comply with housing, health, and safety codes that apply to tenants.
- Refrain from damaging the property and keep guests from causing damage.
- Maintain appliances supplied by the landlord in good working order.
- Conduct yourself in a manner that does not disturb any neighbors and require guests to do the same.
- Permit landlord to enter the dwelling unit if the request is reasonable and proper notice is given.
- Comply with state or municipal drug laws in connection with the property and require household members and guests to do the same.
Lead Poisoning: Rights, Remedies & Resources
Lead poisoning occurs when lead builds up in the body, often over months or years. Even small amounts of lead can cause serious health problems. Children younger than 6 years are especially vulnerable to lead poisoning, which can severely affect mental and physical development. At very high levels, lead poisoning can be fatal.
Lead-based paint and lead-contaminated dust in older buildings are the most common sources of lead poisoning in children. There is treatment for lead poisoning, but taking some simple precautions can help protect you and your family from lead exposure before harm is done.
Legal Aid can help! Click here for an informative brochure about Lead Poisoning: Know Your Rights, Remedies & Resources. You can also browse other Legal Aid articles related to lead poisoning and related FAQ’s and brochures by clicking here.
Get Tested for Lead
Young Children at Risk
Children 6 years old and under are at most risk for damage from lead poisoning. Children may be at risk of lead poisoning if:
- They live in or visit a home built before 1978.
- Paint is peeling on windows or doors.
- Large patches of bare dirt are exposed around their home.
Child Testing
Have your child’s doctor test your child’s blood lead levels. If you are covered by Medicaid, the lead screening will be covered. If the blood lead level is above 5 μg/dl there is cause for concern.
If the blood lead level is above 10 μg/dl, Ohio law requires the Ohio Department of Health or a local health department to inspect the child’s home for lead hazards. Update your contact information with the child’s doctor to ensure the Department of Health can inspect.
Home Testing
Call the Ohio Department of Health at 877-532-3723 to get more information on having the place a child lives or visits tested for lead. Cleveland residents should call 216-664-2175. Other Cuyahoga County residents should call 216-201-2000.
Get the Lead Out
Tenants
If you live in a rental unit built before 1978, notify your landlord in writing if there is any peeling paint, large patches of bare dirt on the premises, or if your child has lead poisoning and request that your landlord make repairs. Date the letter and keep a copy for your records. If your landlord fails to make repairs within 30 days, under Ohio law you may:
- Deposit your rent in escrow at the court. You must be current in rent payments to use this process. See step by step directions for rent depositing at: https://tinyurl.com/LegalAidRentDeposit.
- Apply to the court to order the landlord to make repairs to lead hazards.
- Terminate your lease and move.
- Depositing rent may waive your rights to sue your landlord for any injury resulting from the lead poisoning. To consider any claims against your landlord, consult with an attorney before depositing rent.
Call Legal Aid if your landlord files an eviction or raises your rent after you have provided notice of a lead condition or because you have contacted the Health Department because of lead conditions.
Homeowners
Contact your local public health authorities for information on assistance programs to make your home lead-safe. Federal law requires disclosure of any known lead hazard at the time of sale.
Get Help
Help Your Child
Lead poisoning may have long term effects including attention difficulties, behavior problems, or learning challenges. A nutritional diet early on may help. For more information see: www.epa.gov/lead.
Early Intervention
A child under the age of 3 years old that has been lead poisoned may qualify for early intervention Help Me Grow services, even if they are not showing signs of delay. Call Help Me Grow at 800-755-4769.
Special Education
If a child has learning or behavior problems in school, ask the school to evaluate the child for special education services. Let the school know the child was lead poisoned, and it is impacting the child’s education.
- Put the request in writing.
- Date the request and keep a copy.
- If you are not given a written response within 30 days, contact Legal Aid.
Personal Injury Suit
You may have claims if your child has been lead poisoned. Lawsuits based on lead poisoning may be difficult to prove. Call your local bar association to consult with an attorney who handles personal injury claims.
Contact Legal Aid
Call Legal Aid’s intake line or visit your local Legal Aid office. Click here for details: www.lasclev.org/contact/
Legal Aid’s Brief Advice Clinics
Want to talk in-person with an attorney? In addition to in-person and phone intake, Legal Aid offers Brief Advice Clinics in neighborhoods throughout Northeast Ohio. At the Clinics you can talk in-person with an attorney and ask questions about your legal problem.
Text 216-242-1544 with the message LAS CLINIC for date and location of next clinic or visit www.lasclev.org for a complete schedule.
Contact the Bar Association
Contact your local bar association for a referral to a private attorney.
- Cleveland Metropolitan Bar Association: 216-696-3532
- Lorain County Bar Association: 440-323-8416
- Lake County, Ohio Bar Association: 440-350-5800
- Geauga County Bar Association: 440-286-7160
- Ashtabula County Bar Association: 440-415-4503
Am I entitled to a court-appointed attorney in my eviction case?
Evictions are not criminal cases where the defendant can be sent to jail, so, in general, the tenant does not have the right to a court-appointed attorney. Except, tenants who qualify for the new Right to Counsel – Cleveland (RTC-C) program do have the right to a lawyer.
Cleveland City Council passed an ordinance saying that some tenants in Cleveland have the right to be represented by an attorney in their eviction case. Tenants who have at least one child, and income at or below the federal poverty guidelines qualify. If you received eviction papers from Cleveland Municipal Court and believe you qualify for RTC-C program, visit FreeEvictionHelp.org for more information.
Landlords and tenants may hire a private lawyer to represent them. Some tenants who are low income, but do not qualify for RTC-C, may qualify to be represented by a lawyer through the Legal Aid Society of Cleveland. Due to the COVID 19 pandemic, Legal Aid offices are closed to the public. Tenants can apply by calling 1-888-817-3777 during most business hours or online anytime at https://lasclev.org/contact/.
I have fallen behind on my rent. Can my landlord change the locks or cut off my utilities to make me move?
No. It is unlawful for a landlord to change the locks, terminate a utility service, take a tenant’s property, or do anything else to make the rental unit uninhabitable in order to force a tenant to move. This is sometimes called “constructive eviction.” It is also unlawful for your landlord to set your personal property out without a court order. This is sometimes called a “self-help eviction.”
If a tenant has missed a rent payment, violated the lease agreement or failed to meet their duties under the Ohio Landlord-Tenant Law, the landlord must serve the tenant a notice to vacate, then file an eviction action in the local court. The tenant may appear in court at the hearing, and present any defenses or explanation they wish. The court will decide whether the tenant will be evicted. The landlord then must follow court procedure for a court-ordered move out. It is unlawful for a landlord to attempt an eviction outside of the court system.
What terms that cannot be included in a lease or rental agreement?
Leases, sometimes called rental agreements, usually include terms like the amount of rent and the due date, but the parties may include in the lease other terms they agree on, like terms about pets, use of the basement or laundry facilities, or parking.
There are some terms, however, that cannot be included in a lease. The law says that a landlord may not include in a lease any terms that:
- allow the landlord to accept rent free of the duty to make repairs;
- say that a tenant gives up their right to respond to an eviction filed against them;
- requires either party to pay the other party’s attorney fees; or
- limits the landlord’s liability for damages.
A court also may refuse to enforce terms that it finds are “unconscionable,” that is, outrageous, unreasonable, or very unfair. And, of course, the court will not enforce any term in which the parties agree to engage in illegal conduct.
My new landlord wants me to sign a lease, but I don’t like some of the terms. What can I do?
A lease, sometimes called a rental agreement, is a contract between the landlord and the tenant. By signing the lease, both parties are saying they agree to all the terms.
Like any other contract, the parties can negotiate the terms. A landlord and tenant, for example, may agree to modify a written lease form to make the lease term shorter (e.g. six months instead of one year) or change the date the rent is due. To change the terms of a written lease, the parties can either re-write the lease, or just make the changes and have both parties initial them, then sign the lease, and keep a copy of the signed lease
If you feel the lease your new landlord is offering you is unfair, you can try to negotiate a change to that term. If the landlord refuses, you must decide whether to sign the lease as-is, for consider finding a new place to rent. If you sign the lease as-is, remember that you have agreed to follow all the lease’s terms.
I am about to rent my first apartment. What are some things that all tenants should know?
Here are some tips:
- Before you move in, make sure you and your landlord agree about the terms of your tenancy:
- How much is your rent? When is it due?
- Does your landlord charge a late fee? How much is it? When does it apply?
- How will the rent be collected? By mail? In person?
- Who will pay for utilities?
- If you are signing a written lease, be sure to read it carefully and make sure you clarify any confusing terms before you sign.
- When you move in, get the full name, address, and telephone number of the landlord, and the name of the property owner, if that person is not the landlord.
- On the day you move into a house or apartment, take photos of the condition of the property. Take another set of photos on the day you move out.
- Communicate with your landlord. Notify the landlord promptly if problems arise. Good communication helps to set up a good relationship, which may benefit you later, if, for example, you have a problem with repairs or rent.
- If you pay your rent in person, get a receipt. If you pay by mail, keep the money order stub or a copy of the check, and mail the rent using proof of mailing, available from the post office.
- When you move out, walk through the property with your landlord if possible. Agree on how you will return the keys. Give your landlord your forwarding address, for the return of your security deposit.
Can my landlord enter my apartment whenever he or she wants?
Ohio law says that your landlord may enter your apartment to inspect the unit, make repairs, deliver parcels that are too large for your mailbox, or show the unit to repairpersons, contractors, potential tenants, or purchasers. Except in an emergency, or if it is impractical to do so, your landlord must give you reasonable notice before entering, and enter only at reasonable times. Twenty-four hours is usually considered reasonable notice.
As a tenant, you do have to let the landlord in if you receive the proper notice. But your landlord must be reasonable about coming into your apartment. For example, the landlord cannot demand to come in so often, or at such inconvenient times, that it has the effect of harassing you.
If you are a tenant in the City of Cleveland, and your landlord violates this rule, a City ordinance says that you may be entitled to recover actual damages (e.g. compensation for lost or broken items) or damages from $50 to $500, get an injunction preventing your landlord from entering your unit improperly, or terminate your rental agreement.
How do I end a lease?
How you end a lease (rental agreement) depends on the terms of the lease itself.
A lease can be oral or in writing. The length of an oral lease is determined by the period for which rent is paid. Most tenants pay rent once a month, for the calendar month. This is a month-to-month lease. A landlord or a tenant may terminate an oral month-to-month lease by giving a full thirty days’ notice to the other party. The thirty days begins on the next rental due date and runs with the rental period. This same rule applies for written month-to-month agreements, unless there is a clause in the lease that requires a longer notice.
A written lease also may be for a longer term, such as a year. For a longer-term lease, the lease normally specifies the method for termination or renewal. If termination or renewal is not specified, then the agreement ends on the date in the agreement.
Some written leases have an automatic renewal clause. This means that the lease renews, usually for a term of the same length as the original lease, unless the landlord or tenant terminates it. In Cleveland, automatic renewal clauses must be conspicuous in the lease, so the tenant is sure to see them. Automatic renewal clauses usually require longer notice to terminate. If you think your lease may have an automatic renewal clause, look at the lease well in advance of the end date, and follow the notice instructions if you do not want the lease to renew.
If a tenant breaks a lease by moving before the lease is up, or if a tenant has had a lease terminated because the tenant is in violation of the lease, the tenant may liable for rent under the agreement until the unit is re-rented.
What are the duties of a tenant?
All residential tenants have certain duties or responsibilities, even if they are not spelled out in the parties’ lease. The tenant’s duties are listed below. These duties are in addition to any obligations that are included in the parties’ lease:
In Ohio a tenant has a duty to:
- Keep premises safe and sanitary.
- Dispose of rubbish in the proper manner.
- Keep the plumbing fixtures as clean as their condition permits.
- Use electrical and plumbing fixtures properly.
- Comply with housing, health, and safety codes that apply to tenants.
- Refrain from damaging the premises and keep guests from causing damage.
- Maintain appliances supplied by the landlord in good working order.
- Conduct yourself in a manner that does not disturb any neighbors and require guests to do the same.
- Permit landlord to enter the dwelling unit if the request is reasonable and proper notice is given.
- Comply with state or municipal drug laws in connection with the premises and require house-hold members and guests to do likewise.
What are the duties of a landlord?
All residential landlords have certain duties or responsibilities, even if they are not spelled out in the lease. The landlord’s duties are listed below. These duties are in addition to any obligations that are included in the parties’ lease:
In Ohio a landlord has a duty to:
- Put and keep the premises in a fit and habitable condition.
- Keep the common areas safe and sanitary.
- Comply with building, housing, health, and safety codes.
- Keep in good working order all electrical, plumbing, heating, and ventilation systems and fixtures.
- Maintain all appliances and equipment supplied or required by the landlord.
- Provide running water and reasonable amounts of hot water and heat, unless the hot water and hear are supplied by an installation that is under the exclusive control of the tenant and supplied by a direct public utility hook-up.
- Provide garbage cans and arrange for trash removal if the landlord owns four or more residential units in the same building.
- Give at least 24 hours notice, unless it is an emergency, before entering a tenant’s unit, and enter only at reasonable times in a reasonable manner.
- Evict the tenant when informed by a law enforcement officer of drug activity by the tenant, a member of the tenant’s household, or a guest of the tenant occurring in or otherwise connected with the tenant’s premises.
Am I responsible for the conduct of my children and invited guests at my rental unit?
Yes. The law says you must prohibit your children and invited guests from damaging the property and from disturbing your neighbors. If you do not, their conduct may be grounds to evict you.
You are not responsible for the conduct of uninvited persons who are on the property without your permission or the permission of a family member.
Do I have to move out 3 days from when my landlord gives me a notice to vacate or 3-day notice?
A landlord must deliver a 3-day notice to vacate to a tenant before filing an eviction. The 3-day notice does NOT mean the tenant must move out of the property within 3 days. It does mean the landlord may be preparing to file an eviction action in court. If a tenant chooses to move out within 3 days, then the landlord may not also file the eviction. A landlord cannot force a tenant out of the property. Only after a court grants judgement for the landlord can the landlord seek assistance from the bailiff to forcibly remove a tenant.
Cleveland City Council introduces legislation to create a right to counsel in housing court; first city in Ohio and the Midwest.
Written by The Legal Aid Society of Cleveland on 8/21/2019
Asserting “lack of legal counsel for tenants during eviction cases is a violation of a basic human right,” Cleveland City Council today introduced legislation to create a right to counsel in eviction cases in Cleveland Housing Court.
The legislation will provide legal representation to households facing eviction that include children and are below 100% of the federal poverty guidelines.
Under the leadership of Cleveland City Council President Kevin Kelley and Councilman Tony Brancatelli, United Way of Greater Cleveland will develop and implement this landmark right in partnership with The Legal Aid Society of Cleveland.
Our constitution ensures access to no-cost legal counsel when someone is accused of a serious crime and cannot afford an attorney. No similar constitutional right to legal counsel exists for tenants in eviction cases — even if losing the case would lead to homelessness.
“The Housing Justice Alliance will tip the scales for those who cannot afford a lawyer when their homes are at risk,” says Colleen Cotter, Esq., Legal Aid’s Executive Director. “By establishing a right to free, high-quality legal representation, we can secure safe, affordable, and stable housing for Cleveland families living in poverty.”
A safe, stable home serves as a foundation for healthy families and is the nexus of thriving communities. Yet, too many Cleveland families living in poverty are being evicted. There are an estimated 20,000 evictions in Cuyahoga County annually. In Cleveland, where about 9,000 evictions filed are filed each year, only 1% -2% of tenants facing eviction are represented by an attorney. Most landlords have a lawyer.
Thanks to the Sisters of Charity Foundation of Cleveland’s Innovation Mission, The Legal Aid Society of Cleveland began to examine the efficacy of a right to counsel in Cleveland in 2018. From this platform, the Housing Justice Alliance was created. The Alliance is led by Legal Aid attorney Hazel Remesch and an advisory committee which includes low-income community members, representatives from the bar, and city leaders — including Council President Kelley and Council Member Brancatelli.
Studies show that tenants who receive full legal representation in eviction cases are more likely to stay in their homes and save on rent or fees. In the summer of 2017, New York City became the first U.S. city to pass historic “right to counsel” legislation, guaranteeing that tenants under 200% of federal poverty guidelines who face eviction have access to legal representation. As a result, New York City is expected to gain a net savings of $320 million annually. In the first year since the law’s implementation, 84% of households represented in court by lawyers avoided displacement.
Cleveland’s introduction of legislation for a right to counsel in eviction cases aims to help many Cleveland families overcome barriers to employment, economic opportunity, and educational success. Some evictions will not be avoided, of course; many evictions are unavoidable. However, this new legislation will ensure a significant number of low-income people who should not be evicted will not be, and that those who need to move can do so with a soft landing.
For more information, visit www.HousingJusticeAlliance.org.
Media inquiries can be directed to Melanie Shakarian, Esq. at melanie.shakarian@lasclev.org or 216-215-0074.
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Tenant Information Line – Here to Answer your Housing Questions!
Do you rent your home? Do you have questions about tenant rights and responsibilities? Tenants can call Legal Aid’s Tenant Information Line for information about Ohio housing law. For Cuyahoga County tenants, call 216-861-5955. For Ashtabula, Lake, Geauga and Lorain Counties, call 440-210-4533. Some examples of common questions are:
- Am I allowed to break my lease?
- How can I get my landlord to make repairs?
- What do I need to do to get back my security deposit?
- Can I keep my service animal if my new building does not allow pets?
- Do I have to keep paying rent if my landlord is not paying utilities that are his responsibility?
- I received a 3- day notice, do I need to move?
- How much can my landlord charge for late fees?
Tenants can call and leave a message at any time. Callers should clearly state their name, phone number and a brief description of their housing question. A housing specialist will return the call between 9 AM and 5 PM, Monday through Friday. Calls are returned within 1-2 business days.
This number is for information only. Callers will get answers to their questions and will also receive information about their rights. Some callers may be referred to other organizations for additional help. Callers who need legal assistance may be referred to Legal Aid’s intake or a neighborhood brief advice clinic.
I was denied public housing because of my criminal record. Can I appeal the decision?
What to Do When a Landlord Denies Public Housing Based on a Criminal Record
When you apply for Section 8 or public housing, you may be asked whether you or a family member have ever been arrested or convicted of a crime.
If is the answer is yes, then the landlord may deny your application. But you may still qualify for the housing. If you want to challenge the denial, you need to ask for an informal appeal right away. The number of days you are given will be stated in the rejection letter. You count the number of days from the date in the letter.
You will need to write a short letter to ask for a meeting about the denial. Take your letter to the landlord’s office and ask the receptionist to date-stamp a copy of your request for a meeting. Keep the stamped copy. In the letter, you should ask for:
- a copy of your application
- the information used to deny your application
- a copy of the Tenant Selection Plan (TSP)
The TSP will tell you how long the criminal conviction will count against you. Federal law requires the time to be reasonable. The time may count either from the date you were convicted or from when you completed your sentence. Different landlords will look at criminal convictions for different lengths of time.
At the meeting with the landlord, you need to show that you will be a good tenant. You could show that your conviction should not count against you because it is from a long time ago. Also, you could show that your behavior has improved since you were convicted. Bring letters from teachers, mentors, pastors or others that say how you have changed. Certificates showing you completed courses or programs can also be helpful. You may want to consult with an attorney before the meeting. To find out if you are eligible for Legal Aid, please contact intake at 216.687.1900 or attend a free Brief Advice Clinic.
This article was written by Legal Aid Supervising Attorney Maria Smith and appeared in The Alert: Volume 29, Issue 2. Click here to read the full issue.
Apartment complex bills $2800 in sprinkler damage to grieving daughter: Euclid woman finally able to mourn mother’s passing without threat of frivolous suits
After Ingrid Perry’s mother passed away two years ago, the manager at the housing complex where they both lived gave Perry 15 days to get hermother’s unit cleared out.
“I was cleaning her apartment, and all of a sudden the fire alarm and sprinkler system went off. Nobody knew how to turn it off, so it was on for 15 minutes or more,” Perry said, “Everything was soaked, all my mother’s photos, everything.”
The loss of precious keepsakes was painful enough, but then Perry got a $1,500 bill for water damage and a threat to evict from her landlord.
Perry called Legal Aid, where attorney Maria Smith took her case and negotiated an agreement with the apartment complex that prevented her eviction if she agreed to vacate her apartment. The landlord also agreed to provide a neutral reference as Perry prepared to move into subsidized housing.
Keen to avoid both the fine and an eviction record that could jeopardize her new housing, Perry moved out by the deadline, received back her mother’s security deposit, and found a new home without incident. For the time being, Perry had some closure to a painful chapter.
But two years later, the young woman received another invoice from the corporate headquarters of the complex — this time for $2,800 in damages.
“It felt like they were tearing the scar off an old wound,” Perry said. “Didn’t I already go through enough?”
Perry had left her own unit in fine condition, with a housing inspection report to prove it. Yet the corporate headquarters were taking advantage of the way the previous court case had settled – “without prejudice,” meaning the plaintiff could file a future lawsuit for damages.
Perry called Legal Aid for the follow-up help and staff attorney Callie Dendrinos was her advocate. The corporate office alleged that she had hit the sprinkler head while cleaning out the apartment. At a petite 4’11’’ it was unlikely any part of Perry could have set off the sprinkler.
Dendrinos knew Perry had a strong case and issued a written discovery outlining the many holes in their complaint.
“It seemed they were hoping she wouldn’t show and they’d get a default judgement against her,” Dendrinos said. “When it was clear we were going to litigate this, they lost their appetite.”
With Legal Aid’s representation, Perry received her second favorable outcome as the plaintiff dropped the suit. “The news lifted such a weight off me,” Perry said. “I was finally able to move forward in my life.”
Did you know most eviction cases are over in only 5-7 minutes? Having an attorney by your side in court makes all the difference when your home is at risk. Yet, people lose their housing every day because they don’t know or understand their rights as a tenant. Special thanks to the Bruening Foundation, First Federal of Lakewood, Higley Fund, KeyBank Foundation, Murphy Family Foundation, Sisters of Charity Foundation, Ulmer Berne, and United Way of Greater Cleveland: all groups helped underwrite Legal Aid’s housing advocacy over the past year. Ms. Perry’s case would not be possible without their support.
Mom fights illegal eviction after unexpected homebirth
When Emma Westmoreland’s water broke, she called the ambulance.
“I hear them coming, but I’m like, ‘Oh no! She’s coming!’” Westmoreland said. “Car’Mani was born right there in my apartment.”
Mom and baby were in good health, but the hasty homebirth led to other complications. In the bleary days of newborn motherhood, Westmoreland had trouble securing a birth certificate — a typically seamless process with hospital births.
Unable to recertify her housing subsidy without the birth certificate, Westmoreland faced eviction unless she paid market rate at $822/ month for the modest unit.
“I was so stressed out because I was going to be homeless with my kids,” Westmoreland said, adding that her job readiness coach at OhioGuidestone brought her to Legal Aid, where staff attorney Michael Russell took her case.
Russell felt the urgency of the situation. An eviction from a federally subsidized home could lock a family out of all other federally subsidized housing for up to five years.
“She didn’t have any family to stay with, nowhere to go,” Russell said. “But through the case and through her hard work, she got Car’Mani’s birth certificate, she got her Social Security card, and she beat the eviction.”
With Legal Aid’s help, Westmoreland presented Car’Mani’s documentation to the property manager before her trial. But the company insisted on the eviction unless she paid thousands in unwarranted back rent. In response, Russell filed a trial brief detailing the company’s unlawful efforts to force the family out of their home: failure to send all the required notices, incorrect information on notices they did send, and failure to consider Westmoreland’s unique circumstances.
Seeing the evidence stacked against them, the company dropped the eviction the day of the trial. For Westmoreland, the threat of homelessness disappeared as suddenly as Car’Mani had arrived two years before.
Now that the days of running around to file and refile paperwork have passed, Westmoreland can focus on her daughters—headed to preschool this fall— and on her new job doing special event security with the Cleveland Browns.
“I appreciate everybody who helped me,” Westmoreland said, “because I was doing everything, but it still wasn’t enough. When I finally got through this, I felt so happy and blessed.”
Volunteer prevents “fake landlord” from evicting client
Sheena Waymon had a serious problem with the man who claimed to be her landlord. (Ms. Waymon’s name changed
for client privacy). Less than a year earlier, the single mom moved into her Euclid rental house with her young children. Money was always tight, but she had a job and paid her rent. However, when she requested a three-day extension to make her monthly payment, she received a three-day eviction notice instead.
To compound her problems, the court date was set during her work hours. She faced a choice between skipping work at the job she needed and losing the chance to defend her home.
With no money for an attorney, she turned to The Legal Aid Society of Cleveland, where volunteer Carter Strang, a partner at Tucker Ellis LLP, agreed to represent Ms. Waymon. First, Mr. Strang set to work on the court date’s conflict with
Ms. Waymon’s work schedule.
“I called up the court to get the lay of the land for the hearing,” Mr. Strang explained. He learned that many eviction cases similar to Ms. Waymon’s go uncontested, so the court schedules several back-to-back on the same day. He also learned filing an answer to the complaint would show the case required more consideration, and the hearing would be held before a magistrate judge at a later time.
“We determined our case was more complicated and deserved the attention a magistrate could give it,” Mr. Strang explained. “Having the case referred to a magistrate had the side benefit of avoiding the conflict with her schedule. It was a win-win.”
At the hearing, the man who had been harassing Ms. Waymon for rent revealed he did not actually own the home Ms. Waymon was renting. The owner on the deed was not referenced in the complaint or present at the hearing. When the plaintiff, who was not an attorney, said he was acting as an agent on behalf of the owner, Mr. Strang objected.
Non-lawyers may represent themselves in court, but it is unlawful for them to practice law on behalf of others. The case was dismissed, and Ms. Waymon and her children were able to remain in their home until she found a new place.
Afterwards, Mr. Strang reflected on what he called “a fulfilling and rewarding experience,” in representing his client. “I had such a feeling of satisfaction knowing that the plaintiff couldn’t get away with what he was doing. It certainly made my day.”
Read the full issue of Poetic Justice where this article appears.