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  1. #1

    Default Can You Break a Lease Over Unrepaired Plumbing Problems

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

    Issue #1: There is a leak in my ceiling above the bathtub. Every time the upstairs neighbor showers, a stream of clear, cold water comes down on the roof. Not fun when you're taking a shower at 7AM and cold water comes squirting on to your head!

    I reported this to the landlord 4 months ago. It still isn't fixed. I email her once or twice a month letting her know it is still occurring.

    Issue #2: Lately, the sink has been filling with yellow fluid and then receding. I'm not sure where it's coming from, but I can only imagine.....
    Sometimes, the floor in the bathroom is wet (even after I've been away for weeks), so I believe that it spills over every now and again.

    She says a plumber is coming this week to take care of it. However, she ignores issue #2.


    What are my remedies? Can/Should I withhold rent until this is fixed? Can I write her a letter stating I'm moving out and she can just use my security deposit for the February rent?

    Any help is appreciated.

  2. #2
    Join Date
    Dec 2012
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    Default Re: Leak in Ceiling + Sink That Backs Up with Yellow Fluid

    Here are the statutes for your state that offer the remedies should a landlord fail to address repair issues. You are allowed to withhold rent under "certain circumstances" but there are steps you need to take (i.e., notifying the landlord in WRITING)....this is better than emails or phone calls as you can keep a copy of this documentation for your files. In addition, the rent you would normally provide your landlord would, instead, with the clerk of court to show your "good faith" intentions of rent payment when repairs are completed.


    Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, but only under certain circumstances. Instead of paying rent to the landlord tenant may deposit rent with the clerk of the court with jurisdiction over the premises. Tenant must have first notified landlord in writing of landlord’s failure to fulfill obligations defined in §§ 5321.04 or in the rental agreement, or if a governmental agency has found code violations that could affect health and safety, AND landlord has failed to remedy the conditions in a reasonable amount of time considering their severity and the time necessary to remedy, or within 30 days, whichever is sooner. (§§ 5321.07, §§ 5321.08, §§ 5321.09 and §§ 5321.10)

    I hope this helps.

    Gail

  3. #3

    Default Re: Leak in Ceiling + Sink That Backs Up with Yellow Fluid

    Quote Quoting gail in georgia
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    Here are the statutes for your state that offer the remedies should a landlord fail to address repair issues. You are allowed to withhold rent under "certain circumstances" but there are steps you need to take (i.e., notifying the landlord in WRITING)....this is better than emails or phone calls as you can keep a copy of this documentation for your files. In addition, the rent you would normally provide your landlord would, instead, with the clerk of court to show your "good faith" intentions of rent payment when repairs are completed.


    Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, but only under certain circumstances. Instead of paying rent to the landlord tenant may deposit rent with the clerk of the court with jurisdiction over the premises. Tenant must have first notified landlord in writing of landlord’s failure to fulfill obligations defined in §§ 5321.04 or in the rental agreement, or if a governmental agency has found code violations that could affect health and safety, AND landlord has failed to remedy the conditions in a reasonable amount of time considering their severity and the time necessary to remedy, or within 30 days, whichever is sooner. (§§ 5321.07, §§ 5321.08, §§ 5321.09 and §§ 5321.10)

    I hope this helps.

    Gail
    Thanks Gail! Very helpful. Question on rent payments to the clerk of courts, though. Once the landlord actually makes the repairs, who gets the money? The landlord should not get to keep the full amount because they did not provide a "fully usable" unit. But that's just my opinion!

  4. #4
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    Default Re: Leak in Ceiling + Sink That Backs Up with Yellow Fluid

    If you want to sue for a rent abatement, you can sue your landlord based and try to get the court to abate a portion of your rent based upon the problems with your unit. If you choose not to do so, then you won't get a rent abatement.

  5. #5

    Default Re: Leak in Ceiling + Sink That Backs Up with Yellow Fluid

    She told me tonight that she deemed the unit "livable".

  6. #6
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    Default Re: Leak in Ceiling + Sink That Backs Up with Yellow Fluid

    Quote Quoting landlordsucks
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    She told me tonight that she deemed the unit "livable".
    Unless she is versed in exactly what it means for the premises to be uninhabitable as a matter of law, her opinion and $3 will get her a cup of coffee.

  7. #7

    Default Re: Leak in Ceiling + Sink That Backs Up with Yellow Fluid

    Quote Quoting Mr. Knowitall
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    Unless she is versed in exactly what it means for the premises to be uninhabitable as a matter of law, her opinion and $3 will get her a cup of coffee.
    Heheh....probably not worth it to go to court over a bathroom with a leaky ceiling and sink that backs up piss water, though. Rent is only $600. I'm not versed in what would make the premises habitable/uninhabitable either, and getting a lawyer would be more expensive than recovering any rent (I assume).

    I also worry about mold. A leaky pipe for several months that falls onto a piece of plywood is a pretty sure bet for contamination, right?

  8. #8
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    Default Re: Leak in Ceiling + Sink That Backs Up with Yellow Fluid

    A leaky pipe for several months that falls onto a piece of plywood is a pretty sure bet for contamination, right?

    Nope...

    Gail

  9. #9
    Join Date
    Jan 2016
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    Default Re: Leak in Ceiling + Sink That Backs Up with Yellow Fluid

    This doc explains your rights and responsibilities, and has contact info for Legal Aid in Ohio: http://www.ohiolegalservices.org/pub...sk-12-2013.pdf

  10. #10

    Default Re: Leak in Ceiling + Sink That Backs Up with Yellow Fluid

    So, it's been a few weeks now and the landlord fixed one problem but completely ignored another. It's time to get this nasty woman into a courtroom. Some of her explanations defy logic and prove that she's a complete imbecile.

    Rent abatement would be great.

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