Ok, were we were living (Ohio), we recieved a 3 day notice, put on our door August 5th...We left there August 8th ( @ like 3 in the morning to be exact) We now are living in N.Carolina (because of family issues) and today I recived a certified letter stating thatI am summoned to appear in court on Sept 11th. It says "Summons in forcible entry and detainer with claim for money damages" There was NO damage to the apartment whatsoever, BUT is this because I did NOT return my apartment door keys? What do I do, I cannot make it up to Ohio by then and I have never been through an eviction like this. We left in the 3 days like we were suppose to, the only thing I can think of is because of the keys, because it also states " SInce on or about August 10th, we have and still do unlawfully and forcibly detain from the plaintiff possession of the following premise, our OLD address" Do I mail him the keys? I have proof that we didnt live there and were IN NC on the 8th!! Please help! Thank u
2007-08-27 14:26:52 · 5 answers · asked by moofy011 2 in Politics & Government ➔ Law & Ethics
If you owe back rent they can still come after you for that. Sounds like the complaint was written and filed before you moved out. I would call the landlord's attorney and ask if you can just mail the keys back and forfeit any security deposit. Work w/ him and work something out.
FYI, I am not sure that they can serve you by certified mail but to be safe I would mail a letter to the court w/ a copy to the landlords' attorney so at least the court will know you are communciating w/ them and won't just give the landlord a judgment for whatever he wants just b/c you didn't show up. Good luck
2007-08-27 15:03:50 · answer #1 · answered by Anonymous · 0⤊ 0⤋
that sounds like an ilegal evicition, most states give you 30 days, not three and it is served by a deputy , not placed on your door and the owner of the place should have changed locks or padlocks the day you left.
since you have the keys, you would not have forced your way in.
it sounds like a robbery.
i would call the courthouse there and explain that i wasnt there after such and such date. that i was out of state, and had no way to travel.
it is on him to prove you did the damage but in the future, make sure that the landlord looks the place over and that you hand him the keys on your way out. take time date stamped pictures of everything also.
get a lawyer and send certified letters to the courthouse and the landlord saying that you werent there.
2007-08-27 14:40:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you received a 3 day notice, that means you are behind on your rent - otherwise you leave the day your lease expires. The landlord isn't going to sue you over keys, as a good landlord would change the lock anyway. They're coming after for rent, not keys
2007-08-27 14:37:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Contact the Clerk of the Court in Ohio, that issued the summons. Inform him that you are living in another state, and can not appear. Find out what the exact charges are. Proceed from there.
2007-08-27 14:33:49 · answer #4 · answered by Beau R 7 · 0⤊ 0⤋
If the judge decides that you owe money to the landlord, a judgment will be filed against you.
2007-08-27 14:32:46 · answer #5 · answered by Renaissance Man 5 · 0⤊ 0⤋