LEAVING A PROPERTY
If you received an eviction notice but prefer to move rather than fight the eviction, you still need to respond to the eviction notice in court. The eviction process moves very quickly, and it’s important that you don’t miss any dates or deadlines. So if you move at any point during this process, make sure the court and your attorney have your new address, so you keep getting paperwork on time. Click here to learn about that process and how to protect your rights.
Moving before the eviction hearing
Should you move before the date of your eviction hearing, you may be able to get the eviction dismissed. Be sure to prepare your home correctly and return your keys before this date. See the FAQs below for more details.
moving after the eviction hearing
If you don’t move before your eviction hearing, or if you try to fight your eviction and lose, MAKE SURE you move before your “set-out” date. This is the date the court gives you to move out by. If you aren’t out by this date, the bailiff will come and physically remove all your belongings from the home and place them on the curb, change the locks, and lock you out. They won’t give you time to pack, and you may end up losing things.
As you start packing, think about what it’s going to cost you to move.
Do you need to hire a moving company or rent a truck?
Do you need to pay for a storage unit while you find a new place to live?
What is it going to cost you to put down a security deposit at your new place?
There are resources in the community that may be able to help, if you aren’t able to afford the cost of moving. Call your local 211 and ask for help with moving costs for people with low incomes. If you are a veteran or live with a veteran, the local VA or Veterans Service Commission may be able to help.
Getting packed and ready to go can save you time and money. Moving companies or truck rentals may charge extra money to you if it takes longer to move because you are not ready to go.
Keep any important documents, like social security cards and birth certificates, on you during the move. It is important that these papers don’t get lost or stolen.
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Frequently asked questions (FAQs)
What repairs do I need to make before moving out?
According to Ohio law, you have a responsibility to take care of the property while you’re living in it. Even when you are evicted, this is still true.
So, as you’re getting ready to move out, make sure you clean your home and fix any minor damages you caused. Typical wear and tear is expected, but if you created holes in the walls or let a leaking faucet run and damage the floor, you will likely need to fix these things. It’s important to do this, because it can affect whether or not you get your security deposit back.
When you do make repairs, make sure they are up to the condition of the rest of the home. If your landlord can show that any repairs you did are not up to standard, they can ask the court to make you pay to have them redone.
Now, there are several things you are NOT responsible for fixing, so let’s talk about those:
Any damage that existed before you moved in
Any damage that you reported to the landlord, that they ignored
Any damage that was out of your control -- like vandalism or break-ins
Any damage caused by nature, like storms
It is helpful if you can provide proof that you aren’t responsible for these types of repairs. So if you have photos, weather reports, police reports, emails or texts to your landlord, make sure you print these out and bring them to court with you as evidence.
How should I return my keys?
Returning your keys is seen by the court as an official step in moving out.
If you don’t return your keys, your landlord can argue that you didn’t officially move out. This can mean they can try to evict you, even if your eviction was dismissed already, or they can argue to the court that you owe them more money.
Be sure to return your keys on time. You may have to pay more for each day that you hold onto your keys.
When you return your keys, bring a witness with you and have your landlord write you a receipt with the date and their signature. If you can’t return your keys in person to your landlord, return them in person to their attorney.
If you do return your keys before your eviction hearing, bring your receipt and witness with you to court.
How do I get my security deposit back?
You are supposed to get your security deposit back within 30 days after you move. But you have to give your landlord an address for where to send it. Be sure to keep a copy of what you send your landlord with your new address -- like an email or sent by certified mail -- in case you need it for evidence in court.
Now, your landlord IS allowed to deduct some things from your security deposit -- like if you still owed rent or utilities, any late fees, or the cost of repairing any damages you made. But to do this, they have to put in writing how much they are taking out and for what.
They should NOT take money out of your security deposit for rent you don’t owe, utility charges that were their responsibility, excessive late fees, or repairs for damages you didn’t cause.
Download a sample request form here to ask for your security deposit back.
How do I protect myself from getting evicted again?
First, the most important thing is to make sure you rent a property that you can afford. According to Ohio law, if you don’t pay your rent, you can be evicted -- regardless of any other circumstances. So make sure you understand what your full payment responsibility will be, including rent and utilities, with all the other bills you have to pay each month. And always, always make sure you pay your rent.
Now, there are some things you should do with future rental units. Think of these as ways to protect yourself IN CASE something goes wrong. We always want to hope that it doesn’t, but it’s best to be prepared.
If you sign a lease, make sure you understand everything that’s in it. Don’t just take your landlord’s word for it, even if it’s someone you know or trust -- read it carefully and ask for any changes you don’t understand or agree with.
Document everything. Take pictures of the condition of your home when you move in and when you move out. Ask for receipts for each rent payment you make, and keep them. Keep copies of all communication with your landlord, including emails, texts, and anything on social media. Keep a file of all these things in a safe place in case you need them.
Keep an open line of communication with your landlord. Be polite with them and try to maintain a good relationship. If something does come up, like if you lose your job or have a medical emergency and can’t make your rent payment on time, talk with them about it as soon as you can -- in the best case, BEFORE you miss a rent payment. They may be willing to work with you. If they are, make sure you get any agreement in writing.
Know your rights and protect them. Your landlord has responsibilities to you, just like you have to them. Make sure they follow through with what they’re supposed to do. You can learn more about your rights in our renters’ rights booklet, found here. And if you think your landlord isn’t keeping up their end of the relationship, contact a lawyer to find out what you can do.