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What Are a Landlord's Duties to a Subtenant

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  • 06-24-2014, 07:27 AM
    lhystory
    What Are a Landlord's Duties to a Subtenant
    My question involves landlord-tenant law in the State of: Ohio

    To make a long story short - I have very limited time available, and running out of options.

    I am currently a sublessee. The lease was originally for a year, with the previous tenant unable to stay due to medical reasons.

    After moving in, I had no issues except for a plumbing issue once (horrible winter in Ohio, old pipes) that took some time to fix.

    The previous tenant submitted his 30 day notice to terminate lease, and I have been notified of it for some time.

    The issue I have is with the leasing company's/Landlord's treatment of me as a non-tenant. About a month ago, I got in contact with the landlord to let them know that I will be out of the country, but want to pursue a new lease upon the previous tenant's lease ending. I was reassured multiple times that I have no issues with writing another lease and that I will be able to stay in the property after the previous tenants lease expires. He has been moved out completely, and I have been the sole inhabitant of the property.

    I informed the landlord that I will be out of the country on multiple occasions for majority of June, and was told that I need not worry about anything. Turns out that on the 17th I received a letter of vacation - stating that any and all related properties to the old tenant must vacate by the 30th.

    This is devastating as I literally have a few days to completely vacate and find another apartment. Despite the landlord's reassurance. If I had known of their intent of not offering me a new lease, I would have made preparations for moving/or finding another property. I called the management company and they would not offer me reasoning for why they were going back on their word, citing that I was not 'their tenant'. After speaking with the current tenant from whom I'm subleasing, they are citing the plumbing issues as the main reason why they don't want to extend the lease.

    It's all very weird as it seems that I was basically blacklisted from the property...for no violations at all. No warnings, no conversations, nothing.

    What should I be pursuing in this situation? I'm thinking it's best to just cut ties and get another place if they're going to treat me like that. But on the other hand, moving in 5 days, finding another place, and paying the crazy out of pocket expenses are something that's quite frustrating.

    Please advise!
  • 06-24-2014, 09:43 AM
    gail in georgia
    Re: Landlord Acting Shady on a Sublease
    From your posting, it sounds as if you may be under a month to month tenancy, correct?

    If so, this is what you must be provided in your state to terminate such a lease.

    If a week to week tenancy (i.e., you pay your rent on a weekly basis), the time factor is shorter.

    Keep in mind that you are not being blacklisted and quite honestly, to terminate a month to month tenancy the landlord/management does not have to give one a reason for not renewing such a lease.

    http://codes.ohio.gov/orc/5321.17

    Gail
  • 06-24-2014, 09:52 AM
    lhystory
    Re: Landlord Acting Shady on a Sublease
    Thanks for your reply.

    However, I am not under a m-to-m tenancy. I'm on a year lease, which was sublet to me through the previous tenant. I have a written agreement with the previous 'tenant' who sublet the property to me.
  • 06-24-2014, 10:11 AM
    gail in georgia
    Re: Landlord Acting Shady on a Sublease
    When does your lease end and did this previous tenant have permission to sublet?

    Gail
  • 06-24-2014, 10:27 AM
    lhystory
    Re: Landlord Acting Shady on a Sublease
    The leas ends June 30th, 2014. The previous tenant was given an exception to sublet due to medical issues. Otherwise, no.
  • 06-24-2014, 10:45 AM
    Mr. Knowitall
    Re: Landlord Acting Shady on a Sublease
    Then it would appear that there has been no interference with your lease term. The master tenant, your landlord, rented the premises through the completion of your lease. You aren't being put out early.

    Your best approach would appear to be to try to convince the building's landlord to allow you to enter into a new lease, despite whatever reservations they have. Do you have any information about why they changed their mind about leasing to you?
  • 06-24-2014, 11:28 AM
    lhystory
    Re: Landlord Acting Shady on a Sublease
    They have been rather shifty with including me on the ideas as to 'why' and claim they don't have to offer me any reasoning due to me not being their 'tenant'. I am not sure what I have done to rub them the wrong way. In my conversation with my 'landlord/tenant of the company' he revealed to me that they may have cited too many plumbing issues as problematic, leading them to construe me as a problem tenant. Outside of that they're not mentioning anything. No noise complaints, no warnings (verbal or otherwise, no incidents where I may have even come off as rude or unwelcoming. After our 'incident' with the plumbing, which amount to nothing more than old pipes (plumber's words), there has been another clogging of the building. This time someone blocked the water with a towel of sorts and caused the water to shut off again. I get the feeling that somehow it's being blamed on me and I've been therefore mistakenly categorized as a 'problem tenant', despite being a young married professional that treats his property with extreme care.
  • 06-24-2014, 11:56 AM
    gail in georgia
    Re: Landlord Acting Shady on a Sublease
    Unfortunately, legally they do not need to give you a reason as to why they have changed their mind regarding leasing to you; however, there is always the chance that they wish to work on these old pipes (?perhaps replacing them?), a time consuming job that is best done in an empty unit.

    You do sound like you have been an excellent tenant.

    Gail
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