Results 1 to 7 of 7
  1. #1
    Join Date
    Feb 2014
    Posts
    4

    Default Landlord Refusing to Fix Heat in Winter

    My question involves landlord-tenant law in the State of: Ohio

    We got new management end of December...He showed up at the door claiming to be our new landlord even though our OLD landlord did not tell us he was no longer the landlord. We asked that the NEW landlord show us proof of the company or that he was landlord..and where to send rent payments. He said no problem...we tried to call our OLD landlord many times left messages and he would not call us back at all. The NEW landlord starting coming in January taking multiple pictures and videos of our home...as we did not really want to let him in but he insisted he did. That it was for homeowners insurance he was trying to get. So we still asked for the papers...and gave him a $200 money order for January rent...( we were current up until Jan 1st) We told him we was NOT giving him anymore money until he showed us proof of who he was...there is more to this as he was introduced to us in November ( before house sold apparently) as just a maintenance supervisor.....We watch closely for scams...anyways...he did not show us any proof, as we kept reminding him until Feb 11th. We said well, we will pay you $400 on Feb 17th around evening. He said okay thats fine. Our heat went out Feb 16th in the middle of the night...i called him the next morning 3 times before he called me back..he said just to let you know i am NOT fixing your heat until you pay me. I said i have 4 kids..one is a baby and we are freezing. He said i dont care, i am not fixing it until i get that $400. I said well its not going to be until tonight...but i told you you would get it. He said well you will just have to be cold until i get the money. He said i am not fixing anything in that house until after you give me money each time. He sent someone over to fix it within 2 hours...but when the guy called him to tell him how much it cost he said no your to high i am not fixing it. So the guy left, as we were still cold. I waited all day until about 5pm and i got legal advice about what to do. I was told to fix the heat with the $400..that heat was my priority and not to trust the landlord could take the $400 and still not fix heat after all he didnt care we were cold all day. I still waited to see if he was going to send someone else out...by 6pm no call from landlord, and no one showed up. So we paid the guy who came out. The landlord did not call me until the next morning asking me where the money is....THINKING we still had no heat. I told him we had to fix the furnace, and he said well your out. I am giving you a 3 day notice. I said fine. Never heard no more from him and last night through the night the furnace went out again. The furnace guy who was here last week said the whole furnace needs replaced but he fixed it temporarily. Once again today we have no heat...and its blowing snow outside. We called the landlord and he said no, he was not fixing it that we need to pay the furnace guy to fix it...he once again didnt know what to tell me. So now we are stuck once again...having the furnace guy out here today...and we only RENT.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Refusing to Fix Heat in Winter

    You need to make up your mind about whether this person is your landlord, in which case you owe him rent and he's the guy you are going to call for repairs, or if you're going to keep insisting that he's not the landlord. If you are now accepting that he's your landlord, you need to stop the games and pay your rent.

    As for his duty, whether or not you're current with the rent, he has an obligation to repair the heat within a reasonable time frame. O.R.C. 5321.04(4). Your remedies are described in the following statute, but your statutory remedies are contingent upon your rent being current:
    Quote Quoting O.R.C. 5321.07. Failure of landlord to fulfill obligations - remedies of tenant.
    (A) If a landlord fails to fulfill any obligation imposed upon him by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, or any obligation imposed upon him by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes that apply to any condition of the premises that could materially affect the health and safety of an occupant, the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid.

    (B) If a landlord receives the notice described in division (A) of this section and after receipt of the notice fails to remedy the condition within a reasonable time considering the severity of the condition and the time necessary to remedy it, or within thirty days, whichever is sooner, and if the tenant is current in rent payments due under the rental agreement, the tenant may do one of the following:

    (1) Deposit all rent that is due and thereafter becomes due the landlord with the clerk of the municipal or county court having jurisdiction in the territory in which the residential premises are located;

    (2) Apply to the court for an order directing the landlord to remedy the condition. As part of the application, the tenant may deposit rent pursuant to division (B)(1) of this section, may apply for an order reducing the periodic rent due the landlord until the landlord remedies the condition, and may apply for an order to use the rent deposited to remedy the condition. In any order issued pursuant to this division, the court may require the tenant to deposit rent with the clerk of court as provided in division (B)(1) of this section.

    (3) Terminate the rental agreement.

    (C) This section does not apply to any landlord who is a party to rental agreements that cover three or fewer dwelling units and who provides notice of that fact in a written rental agreement or, in the case of an oral tenancy, delivers written notice of that fact to the tenant at the time of initial occupancy by the tenant.

    (D) This section does not apply to a dwelling unit occupied by a student tenant.

  3. #3
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Landlord Refusing to Fix Heat in Winter

    Your posting is a bit confusing.

    You agree this person is your landlord with the issue that they fix your furnance.

    However, you don't agree this person is your landlord enough to pay him rent.

    I'm a bit surprised that the eviction process of nonpayment of rent hasn't been started yet.

    Gail

  4. #4
    Join Date
    Feb 2014
    Posts
    4

    Default Re: Landlord Refusing to Fix Heat in Winter

    Quote Quoting Mr. Knowitall
    View Post
    You need to make up your mind about whether this person is your landlord, in which case you owe him rent and he's the guy you are going to call for repairs, or if you're going to keep insisting that he's not the landlord. If you are now accepting that he's your landlord, you need to stop the games and pay your rent.

    As for his duty, whether or not you're current with the rent, he has an obligation to repair the heat within a reasonable time frame. O.R.C. 5321.04(4). Your remedies are described in the following statute, but your statutory remedies are contingent upon your rent being current:


    What i typed is from Jan 1st. We KNOW he is now our landlord as of Feb 11th and as i wrote WE BOTH AGREED to the $400 payment on Feb 17th. I did seek legal advice before we paid to fix the furnace. I was told that he can not withhold fixing the furnace even if we owed a year rent...( which we dont) but thats the advice i received.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Refusing to Fix Heat in Winter

    If you paid your rent in full as of Feb. 17, then as indicated you have potential statutory remedies. You will start by providing the required written notice, if you have not done so already.

    If you prefer to retain a lawyer and to try to compel the repair outside of the statute, by all means, go right ahead and do so. It will probably cost you far more than any rent arrears, and probably won't give you the same scope of relief, but it's your money.

  6. #6
    Join Date
    Feb 2014
    Posts
    4

    Default Re: Landlord Refusing to Fix Heat in Winter

    As of December 31st our rent was current...always been. People can not tell me that you would just hand your working money over to anyone who appears at your door and says "hey im landlord" with no paperwork and nothing to show....when several months ago...the same man showed up at your door and said "hey im maintenance"...Anyone would be skeptical with the way the world is now. All we asked for was proof of the new landlord and/or company. The old landlord supplied nothing to us as i said we didnt even know he was gone.

    - - - Updated - - -

    About the sending a letter...what do i do if he told me on the phone that under no means was he going to fix it he did not care what i did. ( first time) then the second time which is today i called him he said i don't know what to tell you, have your furnace guy fix it because i don't know why your calling me. The first time we paid to fix it, he called the furnace guy and threatened to sue him and told him that he was not to repair this furnace period. He cussed at him, and now that furnace guy is no longer taking his business.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Refusing to Fix Heat in Winter

    The statute gives you three options, numbered (1), (2), and (3).

    1. Sponsored Links
       

Similar Threads

  1. Repair and Maintenance: No Heat in the Winter
    By willefunk in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 11-05-2011, 05:48 PM
  2. Repair and Maintenance: Landlord Won't Fix Heat, and It's Below Zero Outside
    By amandaxo in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-04-2011, 07:59 PM
  3. Repair and Maintenance: How Long Does My Landlord Have To Fix My Heat
    By ldvlev in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 02-14-2008, 05:14 PM
  4. Change of Ownership: Landlord Let The House Go Into Foreclosure And I Have No Heat
    By misslizz28 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 12-03-2007, 03:57 PM
  5. Repair and Maintenance: my landlord will not fix my heat
    By autumn in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-06-2005, 12:34 AM
 
 
Sponsored Links

Legal Help, Information and Resources