Legal Question in Landlord & Tenant Law in Ohio

In Febuary 2013 our landlord was arrested for taking our car without permission while intoxinated and totaled the car fliping it. Because there was future talk about the us trading cars. But he did not recieve the title until 5-9-2012 after the wreck. That was our sole transportation and although we had no insurance because we had just lapsed for about a week because we were unable to pay the bill. So we were not even drivinanxiety atthe time he took it til we paid our insurance bill. Theres still a long story to the car situation but there were a lot of other parts of the and the charges he got just disappeared. He only receieved an ovi. Not only did he take car druck, he held us in room while cops were there he wouldnt allow us to open door for them, he was screaming for us to shut up that cops needed a warrant even though the wrecked car somehow got back out front. I had my one year old in my arms and I was completely terrified of him. He was very drunk, violent and out of comtrol. We were in there for about 20 minutes while the cops walking around house knocking. We wanted to answer the door but he would not let us leave the bedroom. Finally I was able to het out the door quick then ran to give baby to my mom in the other side of the trailer with my other son. At the same time ian was letting our landlords brother and father in the back door as he followed me with the baby to make sure I didnt open door. His brother tried to calm him down and he just got up and atcked him and begun fighting through out house. It moved fastly down the hallway towards my kids, then they broke the baby gate down. So me not knowing if my mom had ahold of my baby and if he could get in the way of the fight, I ran to the door and yelled for the cops to help they came runnung in and were finally able to hold of him and cuff him even though he resisiting. More storty to that oartnto just trying to break it down for you.

Well he choose to plea not guilty at 1 st court date not accepting their plea bargain, so then I was subpoenaed to court which as supposed to be tomorrow. But yesterday him and his wife pulld up screaming at us as we were leaving saying we are done for

Asked on 6/05/13, 2:46 pm

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison

In Ohio, this is a lot less about a landlord tenant problem and a lot more about criminal law and certain civil claims for relief that you might have. First, with regard to him taking your car without permission and destroying it, I would go to the prosecutor's office in your area and tell them the story about that so that the prosecutor himself/herself can make the decision on whether or not this warrants criminal charges.

Further, you should also speak to the prosecutor about him keeping you against your will in the room and being in the rented premises without your permission. This would be kidnapping and trespass. Further still, with the fight you spoke about, I think a prosecutor could make out charges for aggravated assault as well.

Lastly, you should tell the prosecutor about the threats he made about you being "done for" since that could be intimidation of a witness. Make sure you show up for court tomorrow and tell the prosecutor these things and that you are scared of him if that is the case. When most prosecutors hear about their witnesses being threatened, they typically go ballistic.

As a condition of any plea deal, the prosecutor ask the judge for restitution to be made to you for the value of the car any medical bills that you might have.

With regard to civil claims that you might be able to sue the landlord for, you could sue him for assault, battery, false imprisonment, conversion, trespass, trespass to chattels and intentional infliction of emotional distress. If he has any financial resources behind him, it might be worth suing him.

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Answered on 6/05/13, 7:41 pm

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