A Portsmouth man called 911 after he said employees from a rent-to-own company went too far while trying to recover property from his Harrisonville Avenue home.
The resident told Portsmouth Police that Rent-2-Own employees had repeatedly come to the house seeking to repossess property. He said workers had been pounding on windows and looking through windows in the backyard, frightening his elderly mother, who was inside and believed someone was trying to break in.
The man also showed officers damage to a screen door that he believed was caused during one of the visits. He said he had since installed cameras inside the home in case anyone attempted to enter without permission.
Police gathered information for a criminal damaging report. The report does not say officers determined who caused the damage.
What Can a Rent-to-Own Company Do?
Ohio law does allow rent-to-own companies to seek the return of merchandise when a customer defaults on an agreement, but that does not mean employees can simply force their way into a home.
Under Ohio’s Rental-Purchase Agreement Act, a rent-to-own contract cannot contain language giving the company or its employees permission to commit a “breach of the peace” while repossessing property.
In practical terms, that means a contract does not give a company permission to break into a residence, force its way past someone who refuses entry, damage property or use threats or violence to recover merchandise.
A company can ask for its property back, contact the customer and arrange for voluntary return. What becomes much more problematic is attempting to recover it in a way that creates a confrontation or involves unauthorized entry.
Ohio law also says a rent-to-own agreement cannot make a customer’s mere failure to return merchandise, by itself, probable cause for a criminal case.
Knocking on a door or attempting to contact a customer is not automatically illegal. But damaging a door, attempting to enter a home without permission or creating a confrontation can turn what began as a civil property dispute into a matter for police.
Anyone who believes someone attempting a repossession is trying to force entry should avoid a physical confrontation, keep doors locked, document what happens if it can be done safely and contact police.