Kyle Kirts has worked as an attorney in and around Dayton, Ohio, for the last five years. Over the course of his career, Kyle T. Kirts has served clients in a variety of court cases, including tenants who have been unlawfully evicted.
In Ohio, an eviction is only lawful after being determined so by a municipal court judge. There are four primary defenses against an eviction lawsuit. Firstly, a landlord who attempts to facilitate eviction by dishonest means (shutting off utilities, for example) will be subject to legal action. Secondly, landlords who fail to comply with the legal strictures of the eviction process may also face legal action; for example, if they immediately file a lawsuit without serving the necessary three-day notice prior to eviction, they may fail in their pursuit.
Thirdly, there are a number of health codes and building standards to which a landlord must adhere. In the state of Ohio, if a landlord fails to meet these standards, a tenant may legally withhold rent until living conditions are improved. Finally, an eviction that is shown to be rooted in prejudice or some other form of personal malice is illegal and will not be upheld in a court of law.