Most landlords try to operate a reputable real estate business and provide real value for the rent they charge. Few intend to defraud their tenants, but some occasionally make mistakes that require an attorney to intervene. Below, learn some of the common legal errors that landlords make so that you can protect yourself. 

What Are Legal Mistakes That a Landlord Can Make?

1. Keeping a Security Deposit Without Cause

In Ohio, you are not allowed to keep unused security deposit amounts unless you have an allowed reason. You can use some or all of it for repairs and cleaning, but you must return the balance unless the tenant has unpaid rent, unpaid utilities, late fees, or unusual wear and tear. Moreover, deposits in excess greater than $50 or one month's rent must receive at least 5% interest and is to be paid annually.

2. Violating Eviction Rules

Before commencing an eviction action, which is a legal suit that requires an attorney, landlords must terminate the lease agreement by giving notice and asking the tenant to vacate. Valid reasons for this include failure to pay rent or if one violates the lease agreement. Even upon winning the eviction lawsuit, the landlord may not forcibly remove the tenant. Only the sheriff or the authorities can do that.

3. Failure to Maintain the Property

When you sign a lease with a tenant, you provide them with an implied "warranty of habitability." This means that the dwelling must be safe, structurally sound, and have functional heating, plumbing, and gas utilities. Failure to do so can land you in a lawsuit. After requesting you attend to the issue, a tenant can take it upon themselves to make the repairs, and subsequently deduct the cost from their rent payment.

If you need an experienced real estate attorney to deal with a tenant dispute, contact Dennis P. Faller, Attorney in Wapakoneta, OH. He and his team have served Auglaize County since 1985 and have developed close ties to the community over the intervening decades. They also specialize in estate planning, living wills, and probate. Visit their website to reach out to them online or call (419) 738-4578 to arrange a consultation.