eewillison
02-09-2006, 04:35 PM
I am a landlord who just received a letter entitled "Request for Landlord Intervention" from a long-term tenant regarding a dispute she has with another tenant in the building. This letter states that the other tenant, Bob, weed-whacked her flowers (Bob takes care of the lawn) and also placed old "dirty" furniture on her side of the building even though she said not to.
To my knowledge, however, this side of the building, as well as all other sides, are considered to be a common area, rather than the property of whoever lives in the closest apartment. This being said, I don't think there's much of anything I can do about who puts things where. Is this a correct assumption?
I'm just not sure what exactly I can do about this situation as a landlord other than writing both parties a letter. Is there something legally that I must do?
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In Ohio, if the landlord is renting to one person who is disturbing the quiet enjoyment of another tenant, that disturbed tenant could possibly have a cause of action against the landlord for breach of the lease.
The best thing to do here is to write a letter to both tenants and try to come up with a solution that will keep them out of each other's hair.
In the future, your lease should spell out what are common areas and what are the areas specifically reserved for one tenant or another, as this might prevent such disagreements.
You can learn more about your rights as a landlord in the state of Ohio by downloading our book online at http://www.ohiolandlordtenant.com/landlordbook.html
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Thanks so much for the quick response! I will try writing a letter to both tenants and go from there. Is the tenant who is disturbing the other tenant in breach of his lease agreement? Also, since I just purchased this property, I have no written leases for either tenant. Could this be a problem?
__________________________________________________ _______________
In Ohio, leases can be written, oral or implied from the facts (possession of the apartment by the tenant and the actions of payment of rent to the landlord). Without a written lease though, your lease agreement with the tenants will be presumed by the Ohio courts to be month to month.
Month to month tenancies in Ohio can be ended or otherwise altered in accordance with Ohio Revised Code Section 5321.17. For a description of how that process works, you can go to our FAQ section at http://www.ohiolandlordtenant.com/faq20.html
The tenant who is disturbing the other tenant is the one who is in breach of the lease agreement.
To my knowledge, however, this side of the building, as well as all other sides, are considered to be a common area, rather than the property of whoever lives in the closest apartment. This being said, I don't think there's much of anything I can do about who puts things where. Is this a correct assumption?
I'm just not sure what exactly I can do about this situation as a landlord other than writing both parties a letter. Is there something legally that I must do?
__________________________________________________ _______________
In Ohio, if the landlord is renting to one person who is disturbing the quiet enjoyment of another tenant, that disturbed tenant could possibly have a cause of action against the landlord for breach of the lease.
The best thing to do here is to write a letter to both tenants and try to come up with a solution that will keep them out of each other's hair.
In the future, your lease should spell out what are common areas and what are the areas specifically reserved for one tenant or another, as this might prevent such disagreements.
You can learn more about your rights as a landlord in the state of Ohio by downloading our book online at http://www.ohiolandlordtenant.com/landlordbook.html
__________________________________________________ _______________
Thanks so much for the quick response! I will try writing a letter to both tenants and go from there. Is the tenant who is disturbing the other tenant in breach of his lease agreement? Also, since I just purchased this property, I have no written leases for either tenant. Could this be a problem?
__________________________________________________ _______________
In Ohio, leases can be written, oral or implied from the facts (possession of the apartment by the tenant and the actions of payment of rent to the landlord). Without a written lease though, your lease agreement with the tenants will be presumed by the Ohio courts to be month to month.
Month to month tenancies in Ohio can be ended or otherwise altered in accordance with Ohio Revised Code Section 5321.17. For a description of how that process works, you can go to our FAQ section at http://www.ohiolandlordtenant.com/faq20.html
The tenant who is disturbing the other tenant is the one who is in breach of the lease agreement.