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  1. #1

    Exclamation When Can You Give Notice Due to Landlord's Failure to Correct Defects

    My question involves landlord-tenant law in the State of: Ohio
    I am having a serious problem that I would appreciate some insight on. I have been living in a rental (bottom floor of a duplex) for a few months now, and ever since a few weeks of moving in, I have been having issues with things leaking, needing replaced, ect. About 2 months ago, during a snow storm, the ceiling above my living room window began to leak brown, thick water onto the window mantle. I informed the realty company about the issue since they are the ones who repair the property, and they sent out 2 crew members to look at it. According to the crew members, it was "too cold" outside to look at what the problem was or fix it, so they threw one of their old shirts down to soak up the water with the promise that they would come back at a later time to fix it. The ceiling is still cracked above the window and has leaked for over 2 months which has caused mold to begin to grow both on the shirt they put down as well as on and inside the walls. I am a 21 year old, full time student who is having his second heart surgery on the 27th of this month, and they will not come out to fix the mold even after being told about my surgery. I contacted my cities Department of Neighborhood Assistance to come out and look at the rental, and they discovered even more wrong with the property than what I was aware of. They listed 7 things on their report which has been sent out to the owner of the house. Here is what it says on their "Orders to comply with the Akron environmental housing code":

    -Have exterior doors/windows made weathertight and put in good state of repair
    -Repair or replace porch floor(s), steps, rail, and roof supports where necessary
    -Have exterior stairway put in good state of repair
    -Clean and protect all exterior structural surfaces by painting or use of other approved protective covering
    -Clean exterior siding
    -Provide adequate heat (70 degrees) to all dwelling units
    -Eliminate all mold and excessive moisture from the dwelling

    I want to put in my 30 day notice to leave the property due to all the construction that seems to need done to the house inside and outside. As well as the fact that my doctor who is preforming my heart surgery strongly urged me to move out for after my surgery when I am recovering. There is no clause in my lease that says I can or can not leave early so I am not sure what to do. They will not let me leave according to the rental company, but with my heart surgery and all these issues I have little choice. Does any of what I have explained seem like these factors would make my unit inhabitable or a danger to my health under Ohio law?

    My house also will not hold heat at all. my thermostat is set to 70 degrees F, and my house is lucky to stay at 60 degrees with that turned up. My heating bill for a 1 bedroom, 1 bath (800sq.ft.) house was $250 last month alone (Which is why there is the one bullet-point about providing adequate heat.
    Thank you

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: When Can You Give Notice Due to Landlord's Failure to Correct Defects

    Did the Orders to Comply give the landlord a specific time to address these repair issues? I'm guessing they did and if not, the rental property will likely be condemned.

    Until then you do not have a legal reason to terminate your lease. In other words, the landlord/management must be given time to address these repairs issues first.

    Gail

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: When Can You Give Notice Due to Landlord's Failure to Correct Defects

    Concur with Gail. Generally, the landlord will be given anywhere from 7 to 30 days to cure the issues. In the state of Ohio, 30 days is the absolute maximum the landlord is allowed to fix the issues.

    To move things along, I would suggest you head down to the Clerk of Courts and make arrangements to escrow your rent. That tends to light a quick fire under a landlord's butt and make him move faster.

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