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LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 789
Experience:  Practicing attorney licensed for over 23 years.
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I am attempting to find information on a second cause. My

Customer Question

Hi . I am attempting to find information on a second cause. My tenant is in a government program that paid 100% of the rent. The eviction was filed, she moved now we are going into the second cause. My question is : will the court make her pay? Also she filed a counterclaim. State of Ohio
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ohio
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Not at this time
Submitted: 2 months ago.
Category: Legal
Expert:  LegalEagle1 replied 2 months ago.

Hello and welcome to JustAnswer. I would like to assist you with your question today. Before I can address your question I need some additional information.

Am I correct that your second cause of action is for damages to the premises and perhaps also unpaid utilities?

Expert:  LegalEagle1 replied 2 months ago.

I'm sorry I posted some information in error. I will wait for your reply.

Customer: replied 2 months ago.
Damages and back rent only. However she is on a goverment program that paid her rent 100%. Will the courts rule that she does not have income and call it a wash?
Expert:  LegalEagle1 replied 2 months ago.

I am a little confused if the government pays her 100% of the rent, why you would pursue a claim for rent. But the court will allow you to pursue the second cause of action against the tenant regardless of her financial ability to pay damages. Depending upon the amount of the judgment the person may be excluded from receiving future vouchers if you report the claim to the housing program. It is up to you to decide if it is worth the time and expense. I believe the current amount for exclusion is $5000. You can confirm this with the housing authority. If the damage caused is only a few hundred dollars it may not be worth the time and expense. Also some damages may be recoverable from the housing program. You will need to check with them what is required to get reimbursed.

Customer: replied 2 months ago.
I am pursuing the rent because she stayed in the unit for nearly 3 months after the voucher stopped also she filed a counterclaim. I at this time I would like to drop my claim but I believe her counterclaim will will go forward correct? .
Expert:  LegalEagle1 replied 2 months ago.

Depending upon the basis of the counterclaim, if she shows up in court and wants to proceed the court may permit her. If she fails to show up, the court may dismiss her counterclaim. If you are both there, you may reach an agreement to mutually dismiss your claims against each other. Without reviewing the pleadings or having a better understanding of the circumstances it is difficult predict.

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