[OH] Can a tenant use self-defense when denied entry to their own home?

OH Landlord-Tenant

Andres Sanchez

25,021 satisfied customers

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Based on your situation, there are several legal arguments and considerations in Ohio that could potentially support your case:

Tenant Rights and Landlord Harassment: Ohio law protects tenants from harassment by landlords. This includes illegal entry into the property and tampering with utilities. Under (OH Rev Code § 5321.04), a landlord must give reasonable notice before entering, with 24 hours presumed reasonable, and (OH Rev Code § 5321.15) prohibits a landlord from terminating utilities or excluding a tenant from the premises to regain possession outside of the court eviction process. Your video evidence and police reports could be crucial in demonstrating these violations.
Assault Charges and Self-Defense: In Ohio, self-defense can be a valid legal defense against assault charges if you can prove that you were not the aggressor and that you had a reasonable belief that force was necessary to protect yourself. Under (OH Rev Code § 2901.05), once evidence is presented that tends to support self-defense, the prosecution must prove beyond a reasonable doubt that you did not act in self-defense. Your video evidence might help establish this.
Temporary Restraining Order (TRO): The TRO you were granted for the utilities indicates that the court recognized the urgency and seriousness of your situation. This could be relevant in showing a pattern of behavior by the landlord.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

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In the past month my landlord has broken into my house without notice. The property manager has tampered with my electric and gas and water. He stole the gas meter off the wall completely. I have it on video of him before and after and the kid that was there that witnessed it told the police exactly what happened. I made 3 police reports. Then the day after the meter was stolen. Two workers for the landlord showed up and blocked me from being able to go in my house. So they could put notices up and wrote on the house in sharpy. The man was very close to me and I told him to back up 8 times. I ripped the paper off the wall then the guy went to put it back up but first shouldered me into my screen door damaging the door and then I pushed him to the ground and today I go to check my civil case because a judge awarded me a TRO forcing the landlord to turn my utilities back on o see I have a warrant for assault. But I have the entire altercation on video showing exactly what I just said. What do I do?

Lexi, Chatbot

I'm really sorry to hear about the difficult situation you're facing with your landlord and property manager. Have you already consulted with a lawyer regarding the assault warrant and the issues with your utilities?

No.

Lexi, Chatbot

Have you documented all the incidents, including the video evidence and any communication with the police or your landlord?

The landlord is the one that directed them to do it all . i talked to a detective for 3 minutes and they just don't call me back I've tried calling the prosecutor 100 times too but i have video of the alleged assault.

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your landlord's harassment.

No.

Andres Sanchez

Hey there! Welcome to our service. I'm Andres, an attorney with many years of experience. I understand you're dealing with a situation where your landlord has broken into your house, tampered with utilities, and now there's an assault warrant against you. Have you considered any legal steps to address this situation?

I was granted a TRO for the utilities and made police reports about the break in, electric tampering and gas meter theft. i told the detective bout the assault but he said he would get back to me and never did but the assault is on video which i have and can send, the civil case is :Case No. [identifying number redacted] out of Cleveland OH and the criminal is Case No. [identifying number redacted] also Cleveland OH.

Andres Sanchez

Thanks for sharing those details. Could you tell me what your main goal is in resolving this situation? Are you looking to have the assault charge dropped, or is there something else you're hoping to achieve?

Dropped for sure and if anyone should be charged it would be the other guy that blocked the entrance to my home and shoulder checked me after i told him to get out my face 10 times.

Andres Sanchez

Got it, thanks for clarifying. It sounds like you want to focus on getting the assault charge against you dropped and possibly pursuing charges against the other person involved. Have you had any communication with a lawyer or legal aid about defending yourself against the assault charge?

No i just found out about the charge. I talked to legal aid about the civil stuff.

Andres Sanchez

Based on your situation, there are several legal arguments and considerations in Ohio that could potentially support your case:

Tenant Rights and Landlord Harassment: Ohio law protects tenants from harassment by landlords. This includes illegal entry into the property and tampering with utilities. Under (OH Rev Code § 5321.04), a landlord must give reasonable notice before entering, with 24 hours presumed reasonable, and (OH Rev Code § 5321.15) prohibits a landlord from terminating utilities or excluding a tenant from the premises to regain possession outside of the court eviction process. Your video evidence and police reports could be crucial in demonstrating these violations.
Assault Charges and Self-Defense: In Ohio, self-defense can be a valid legal defense against assault charges if you can prove that you were not the aggressor and that you had a reasonable belief that force was necessary to protect yourself. Under (OH Rev Code § 2901.05), once evidence is presented that tends to support self-defense, the prosecution must prove beyond a reasonable doubt that you did not act in self-defense. Your video evidence might help establish this.
Temporary Restraining Order (TRO): The TRO you were granted for the utilities indicates that the court recognized the urgency and seriousness of your situation. This could be relevant in showing a pattern of behavior by the landlord.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

I don't want to go up there and get arrested. And I want to focus on this assault charge.

Andres Sanchez

To address the assault charge and avoid arrest, here are some steps you can take:

Contact a Criminal Defense Attorney. It's crucial to have legal representation to navigate the assault charge. An attorney can help you understand your rights, evaluate the evidence, and develop a defense strategy. They can also communicate with the court on your behalf to address the warrant.
Gather and Preserve Evidence. Ensure that all video evidence and any other documentation related to the incident are safely stored and easily accessible. This evidence will be vital in defending against the assault charge.
Address the Warrant. Your attorney can help you address the warrant without you having to go to the police station. They might be able to arrange a court appearance or negotiate terms to avoid arrest.
Prepare for Court. Work with your attorney to prepare for any court appearances. This includes reviewing the evidence, understanding the charges, and planning your defense.
Consider Filing a Counter-Complaint. If you believe the other party should be charged, discuss with your attorney the possibility of filing a counter-complaint. Your video evidence could support this action.

Please let me know if you have further questions.

Especially since i couldn't walk in my door they blocked me. I cant call the prosecutor and show them the video and get it dropped? I cant afford a lawyer.

Andres Sanchez

I understand how frustrating and unfair that situation must have been, especially since you were blocked from entering your own home. This detail can be crucial in your defense, as it shows you were not the aggressor. Make sure to discuss this with your attorney, as it can strengthen your case. If you have any more questions or need further assistance, feel free to ask!

I understand that hiring a lawyer can be expensive. You can try contacting the prosecutor's office directly to discuss your case and present your video evidence. Sometimes, they may be willing to review the evidence and consider dropping the charges if it clearly shows your innocence. I hope this helps, and if you have any more questions, feel free to ask.

Andres Sanchez

25,021 satisfied customers

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