Illegal Store Lockout Remedies

Summary

The user, a commercial tenant in Ohio, was locked out of her store without notice. She had an oral agreement with the landlord, supported by text messages. The landlord claimed a fire department violation as the reason for the lockout, but the user believes this was an excuse. The user made improvements to the property as part of her rent agreement. She is seeking advice on how to remedy the situation, including filing a wrongful eviction lawsuit and contacting the Ohio Attorney Generals Office.

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I was locked out of my store and I feel it was illegally done
What is the location of your store, ****? This will help me provide you with the specific laws and regulations applicable to your situation.
* Mill St. Lockland OH *
What was the reason given for the lockout? In Ohio, landlords can't lock out tenants without a court order.
He told the cop he didnt know I was there. He told me later a violation with fire department.
What was the nature of the fire department violation? In Ohio, landlords must provide notice and opportunity to correct violations before eviction.
I had a couch I was selling outside the store on display
What was the specific violation cited by the fire department for having the couch outside? In Ohio, fire code violations can lead to eviction if not corrected.
The fire department never showed up while I was there. I believe he contacted them afterwards because he is friends with them and the cop.
What evidence do you have to support your belief that the landlord contacted the fire department after you left?
There was no mention of it during the initial lockout and I was always at my store. I don't know if he contacted them or not if he just using it as excuse
Did you receive any written notice from your landlord or the fire department about the violation before the lockout?
No
Did you have a lease agreement with the landlord for your store?
I had an oral agreement with his mother who I originally thought had part ownership, then I found out after being there a week that her son had to approve it and we had to wait to see and he did and hired boyfriend due liking the improvement to the store for other projects.
Did you have any witnesses or any form of written communication that can prove the existence of the oral agreement?
I got text messages from the mother discussing our business plans and what I must do ect. I got a message from her talking about her son approving it once he got back and then I got my boyfriend who was hired from the approval of my store. There is a trail with the text messages that will outline the sequence of events.
Did you pay any rent or make any improvements to the property as part of your agreement? This could help establish a landlord-tenant relationship.
Yes the improvement was the rent. ,and to sell her items for her as well.
What kind of improvements did you make to the property and do you have any proof of these improvements?
We painted, fixed flooring, had to clean up dried blood and all sorts of nasty stuff before moving in.
Do you have any photos or receipts of the improvements you made to the property? This could serve as evidence in your case.
We got disconnected. So Im locked out. He is only letting me in to pack and do stuff around his schedule. I was just getting open. I spent two months of hard labor setting up the store. I was suppose to get a year for improvements and selling her stuff. I got a text on July 22nd saying she closing her location and mine by Sept * due to her getting stage * cancer. I agreed because I knew she didn't plan on getting cancer but the on July 30th I think or 28th. I come waking up to the store to open and there was Landlord and his cop friend and the cop explained he was changing my locks and I would have to get with Kyle to get my things. I asked how can he do that. I have an agreement with his mother that he is aware of to be in that space. The cop said that he has no clue that I was there and that his mother can't make those decisions without him. I have a text sent to my boyfriend prior to prove he knew I was there. Not including the times he pulled in front of the store to park while I was setting up. I want to know what are next move. I'm low to no income and that store was suppose to be my way. I feel like it was a scam from go to get cheap work out of my boyfriend and that once he finished and there was a payment issue between them they locked my store same day. I don't even think the mom has cancer now. I think was a way to get out of her agreement but then they didn't even honor the Sept 1st date
Do you have a written lease agreement or any other form of written agreement with the landlord or his mother?
No oral with text messages to prove the sequence of events and acknowledges it was known what I was doing by his mother and landlord. The place is also a ltd
What state is this issue occurring in? The laws regarding landlord-tenant disputes vary by location.
Ohio
What is the exact location of your store in Ohio?
Lockland
Do you have any legal representation or have you sought advice from a legal aid service?
Legal aid said they don't do commercial and I've got no money and I think they banked on that to get away with illegal lockout
What evidence do you have to prove the agreement with the landlord's mother? In Ohio, oral leases are legally binding but harder to enforce without solid proof.
Text message talking selling stuff under her and keeping complete tax records so we don't get in trouble and a message taking about her son will be back and hopefully he approves it and then further business talk after the approval date to prove he approved it.
What is the nature of the business you were conducting at the store?
Resale shop
What type of items were you selling in your resale shop?
Antiques and home decor mostly but little bit of this and that
What actions have you taken since the lockout and have you been able to retrieve any of your items from the store?
Been trying to figure out what to do. It took two months to unpack all my breakables. A lot of china dishes. I have had a couple days around his schedule that worked for me to go pack, but it a lot of work and it not getting packed properly out of gear he going to throw it out if I don't get it out of there.
Have you considered filing a complaint with the Ohio Attorney General's Office for this illegal lockout? They might be able to provide some assistance.
No can I do that? What do I do
Yes, you can file a complaint with the Ohio Attorney General's Office. Visit their website and look for the "File a Complaint" section.
Okay will do. What does that do
Filing a complaint with the Ohio Attorney General's Office can initiate an investigation into your case. They can potentially help mediate the dispute or take legal action if necessary.
Okay, what else can I do. I mean he lied to the police to even lock me out in first place. He went to school with them and he manipulated the system in his favor
Have you considered contacting the local media or a consumer rights group to bring attention to your situation? Public pressure can sometimes influence the outcome.
No I didn't think about that. I now just want to get my things and try to pursue lawsuit for my hours lost and the scam they pulled on me but just not sure how to go about.
Have you consulted with a lawyer about filing a lawsuit for breach of contract and damages? In Ohio, you may be entitled to compensation for your losses.
No I didn't know what lawyer I should contact since I have no income. Your my first lawyer advice I got
What evidence do you have to prove the amount of work and money you put into setting up the store? This could be useful in a potential lawsuit for damages.
I have local store owners who will vouch that I put a lot of time and work into the place. They seen it not long after I started and they seen it at the 2 month point when I was just opening. I didn't really put much money besides a lot of long hours and back breaking labor.
Do you have any photos, receipts, or other documentation that can substantiate the improvements you made to the store?
Maybe got some pictures. Im not sure of the before pics I'll have to check. I do got pictures of the improvements after and the mother stating it looking very good.
What is the exact date when you started setting up the store? This could help establish the timeline of events. In Ohio, oral agreements are legally binding but harder to prove.
May 27th is when the agreement was made. Jun 1st the mother stopped by to check progress. Jun 3rd text message talking about her son coming on the 5th to approve. Text on the * asking to talk to my boyfriend bout employment after seeing the improvements at the store. Then further text outlining the following week what I needed to do to keep sales receipts for tax purposes and what she wanted done with the sale of her part of the inventory.
What was the exact date when you were locked out of the store?
July 30th
July *
What steps have you taken since the lockout to resolve this issue?
Contacted you
Contacted you
Haven't besides reached out to police chief about the illegal lockout with no response and packed two days he allowed me there and no talking with you about what to do
What was the response of the police chief when you reached out about the illegal lockout?

In Ohio, landlords cannot change locks without giving proper notice. If they do, it's considered an illegal eviction.
He didn't respond back
What steps did you take to reach out to the police chief? Did you send an email, make a phone call, or visit the police station in person?
Emailed him
Email
I emailed him thru the lockland pd website contact us form
What was the content of your email to the police chief and when did you send it?
2 days later and I was emotional so it was a little dramatized but basically asking what can be done to remedy the illegal Lockout.
Asking how to remedy the illegal lockout. 2 days after
I asked how to remedy the lock out
Ugh
Okay thank you. How do I get a lawyer to help or do I small claim court him
So what can I do if I'm illegally locked out of my store and he not letting me have access to my stuff
What is the reason given by the person who locked you out? In Ohio, a landlord cannot lock out a tenant without a court order.
He claimed he didn't give me permission to set up store which is complete lie
What evidence do you have to prove that you had permission to set up the store? In Ohio, verbal agreements can be legally binding but harder to prove.
Texts
What do the texts say? In Ohio, text messages can serve as evidence in court.
Talking about me and the store and details of running it.
What steps have you taken so far to resolve this issue? In Ohio, you may need to file an unlawful detainer lawsuit if you're illegally locked out.
What is a unlawful detainer lawsuit
An unlawful detainer lawsuit is a legal action taken by a landlord to evict a tenant from the rental property. It's typically used when a tenant overstays their lease or violates the lease agreement.
But a tenant can file one
In Ohio, a tenant cannot file an unlawful detainer lawsuit. Only landlords can initiate this to remove tenants. However, tenants can file a "wrongful eviction" lawsuit if illegally evicted.
So do you know you contradicted yourself and your advice doesn't make sense. Why should I believe that you know what you're talking about
I apologize for any confusion. Can you please specify where you found the contradiction so I can clarify?
You told me to file unlawful detainer then said I couldn't that I should file unlawful eviction
I apologize for the confusion. As a tenant, you should file a "wrongful eviction" lawsuit, not an "unlawful detainer". Unlawful detainer is initiated by landlords.
How do I file wrongful eviction
To file a wrongful eviction lawsuit in Ohio, you need to:

- Gather all evidence (like texts)
- Contact a local attorney
- File a complaint in your local court

Hamilton County Municipal Court: * Main St, Cincinnati, OH *, Phone: (*) *-*
What if I can't afford attorney
If you can't afford an attorney, you can seek help from legal aid services. In Ohio, you can contact Ohio Legal Aid at (*) *-*. They provide free legal assistance to low-income individuals.
What if they won't help
If Ohio Legal Aid can't assist, you can try reaching out to local law schools for free or low-cost legal clinics. University of Cincinnati College of Law has a clinic: (*) *-*.
I called and they said that I called the wrong place?
I'm sorry for the confusion. Can you please tell me who you called and what legal assistance you were seeking?
I already told you
I apologize for the confusion. To clarify, did you call Ohio Legal Aid or the University of Cincinnati College of Law clinic for assistance with your wrongful eviction case?
Law clinic
I'm sorry for the confusion earlier. The correct number for the University of Cincinnati College of Law clinic is (*) *-*. They should be able to assist with your wrongful eviction case.