CTO FORM LETTERS
FL 4: ILLEGAL ENTRY BY LANDLORD


EXPLANATION

ORC 5321.04(A)(8):
Provides that a landlord who is party to a rental agreement shall:
"Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary."

If the landlord is entering your unit in violation of this statute, you may have the right to sue for any actual damages that occur as well as request injunctive relief. Actual damages may consist of any missing property of the tenant's or other property damage that would not have occured but for the illegal entry. Injunctive relief consists of a court order requiring the landlord to abide by the statutory obligations. Further violations could result in contempt of court charges against the landlord. A landlord violating this part of the statute may also be found liable for any attorney's fees the tenant may incur in trying to recover for any damages.

Case law in Ohio has allowed tenants the option of adding locks to the doors to prevent a landlord from entering without proper notice. If the tenant has a written rental agreement however, he/she should first consult with that writing to be sure there are no clauses precluding the tenant from adding locks or otherwise "altering the premises". Any such clause in a rental agreement would prevent the tenant from legally adding locks. Additionally, even if the locks are added legally, the tenant may be liable for any damage to the doorway if the landlord must use force to enter in the event of an emergency.

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