ohiolandlord
02-09-2006, 05:30 PM
We rennovated an old historic home. We completely gutted the bath and replaced the kitchen. The home had been rented out for years before we purchased it. We lowered our asking rent so our tenants could afford it then when they couldn't pay, set up a monthly plan to catch up. We have been very kind to them. In May we received a certified letter from the tenant with a list of repairs to be made. The repairs range from nail holes, ripped screens and water stains. We had difficulty contacting them to set up a repair date. After a phone call in which the tenant complained about our lack of response, we asked them to consider moving out becuase they were so unhappy with the old house. Last weeek we received another certified letter with a legal order from the city of violations and a threat that if we didn't comply in 30 days, it would be $500 fine and jail time. They also accused my husband of threatening them and that mold was causing their child to be sick! The violations are so minor and surely the city has better things to do. What are our rights? Where is the common sense? I would appreciate your input and advise as I see a future lawsuit! Thanks Mary
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In Ohio, Ohio Revised Code Section 5321.04 requires the landlord to do what is necessary to put and keep the rented premises in a fit and habitable condition. It also requires the landlord to live up to all of the terms of the lease regarding the condition of the premises, and all of the local city code requirements are implied into the lease agreement by the courts.
Unfortunately for you, you should be aware that the city means business when it issues findings of code violations. If they come out there and find that you are not making satisfactory progress upon the repairs they have ordered, they will evict the tenants (leaving you open to a lawsuit for breach of the lease agreement) and they can board up the house as well pursuant to a no occupancy order. This is true even of minor violations.
The other trouble is that once the landlord has notice of a problem with the house, someone is injured by the problem, then that gives rise to civil liability for the injury. For instance, if the city is citing you for not having a handrail on the stairs, and someone slips and falls on those stairs, then you would be liable for the injuries.
So it is in your best interest to make sure that everything at the rented premises gets repaired.
You should keep everything in writing with the tenants from now on so that there isn't any doubt about what was said. Further, if you want them out, you should send them a letter of strict compliance, stating that in the past you have been very lax on enforcing the rules, but that from now on, you will expect that all of the lease terms will be followed. After that, the next time they break a major lease provision (such as paying the rent late), you can evict them for that.
The trouble with an eviction soon after the complaints is that Ohio Revised Code Section 5321.02 prohibits "retaliatory evictions" so if a court were to get the idea that you were coming down hard on the tenants because they complained to the city, then your eviction might not go through.
I know it is frustrating to give people a break on the rent and then have them turn around and pull something like this on you, but the Ohio Revised Code does have a provision which says that the landlord cannot get around his 5321.04 duties via an agreement for a reduction in the rent.
To learn more about your rights and duties as a landlord, you might want to consider downloading our book online at http://www.ohiolandlordtenant.com/landlordbook.html
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Eric: Thank you! You have been VERY helpful. I downloaded the book so we will be more informed from now on. Thank you for providing this message board.
Mary
____________________
In Ohio, Ohio Revised Code Section 5321.04 requires the landlord to do what is necessary to put and keep the rented premises in a fit and habitable condition. It also requires the landlord to live up to all of the terms of the lease regarding the condition of the premises, and all of the local city code requirements are implied into the lease agreement by the courts.
Unfortunately for you, you should be aware that the city means business when it issues findings of code violations. If they come out there and find that you are not making satisfactory progress upon the repairs they have ordered, they will evict the tenants (leaving you open to a lawsuit for breach of the lease agreement) and they can board up the house as well pursuant to a no occupancy order. This is true even of minor violations.
The other trouble is that once the landlord has notice of a problem with the house, someone is injured by the problem, then that gives rise to civil liability for the injury. For instance, if the city is citing you for not having a handrail on the stairs, and someone slips and falls on those stairs, then you would be liable for the injuries.
So it is in your best interest to make sure that everything at the rented premises gets repaired.
You should keep everything in writing with the tenants from now on so that there isn't any doubt about what was said. Further, if you want them out, you should send them a letter of strict compliance, stating that in the past you have been very lax on enforcing the rules, but that from now on, you will expect that all of the lease terms will be followed. After that, the next time they break a major lease provision (such as paying the rent late), you can evict them for that.
The trouble with an eviction soon after the complaints is that Ohio Revised Code Section 5321.02 prohibits "retaliatory evictions" so if a court were to get the idea that you were coming down hard on the tenants because they complained to the city, then your eviction might not go through.
I know it is frustrating to give people a break on the rent and then have them turn around and pull something like this on you, but the Ohio Revised Code does have a provision which says that the landlord cannot get around his 5321.04 duties via an agreement for a reduction in the rent.
To learn more about your rights and duties as a landlord, you might want to consider downloading our book online at http://www.ohiolandlordtenant.com/landlordbook.html
________________________
Eric: Thank you! You have been VERY helpful. I downloaded the book so we will be more informed from now on. Thank you for providing this message board.
Mary