Lease with option to purchase

[bibi]

I am doing a lease with the option to purchase. There is a section in my lease that I do not understand: "this lease is subject to all valid sections of the Ohio Revised Code, which regulates the respective rights and obligations of landlords and tenants. Any provision herein contrary to said laws shall be of no force and effect. Any sections of the law which are contrary to the said provisions shall be substituted therefore."

There is another section in the lease that says that we (lessees) are repsonsible for maintaining the property (repair and/or replace) at our expense. Does this mean that the owner of the house isn't responsible for any repairs to the property?

There are two sections to the contract - the first pertaining to the lease, and the second pertaining to the option purchase. In the option purchase section it has a paragraph about purchasing the property in "as is" condition.

When I contacted the owner of the property about the repairs, she was offended and told me that the repairs were my responsibility and that we had agreed to purchase the property in "as is" condition. I told her that we are currently leasing the property and have not yet "optioned" to purchase the property.

She wouldn't budge on the repairs. Also, we had a bad storm recently and had a tree fall. Part of it is in our yard, and part of it is in our neighbor's yard (most of it). They are not happy and we are not sure what to do.

I have read the Ohio Revised Code and do not see anything that specifically applies to leasing with the option to purchase. I found something for the city of Cincinnati that actually spelled out my rights. The problem is that although I am in the same county, I don't exactly live within the city limits. The owner is saying that it doesn't apply.

Any advice?

[ohiolandlord]

I would think that the landlord's obligations as set out in Ohio Revised Code 5321.04 would apply - specifically

(A) A landlord who is a party to a rental agreement shall do all of the following:

(1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety;

(2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;

(3) Keep all common areas of the premises in a safe and sanitary condition;

(4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by him;

(5) When he is a party to any rental agreements that cover four or more dwelling units in the same structure, provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of a dwelling unit, and arrange for their removal;

(6) Supply running water, reasonable amounts of hot water and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection;

(7) Not abuse the right of access conferred by division (B) of section 5321.05 of the Revised Code;

(8) Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.

(9) Promptly commence an action under Chapter 1923. of the Revised Code, after complying with division (C) of section 5321.17 of the Revised Code, to remove a tenant from particular residential premises, if the tenant fails to vacate the premises within three days after the giving of the notice required by that division and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in that division. Such actual knowledge or reasonable cause to believe shall be determined in accordance with that division.

(B) If the landlord makes an entry in violation of division (A)(8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement.