Legal Question in Landlord & Tenant Law in Ohio

I'm going to be buying a property on Westerville and will be closing tomorrow (8/1/2014). The current Landlord has had some problems in dealing with some of the issues with the tenant and the one particular case the tenant had a plugged toilet. She called the landlord and the landlord called a plumber to come fix it.

The problem at hand is that in their lease agreement the tenant agree's to fix any maintain the property, this is how it reads in the contract (which got wet at some point and has unreadable parts)

Maintenance and Repair: Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; keep electric bills in order; keep the walks free from dirt and debris; and at his sole expense shall make all req (unreadable), range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from less (unreadable) misuse, waste, or neglect, or that of his employee, family, agent, or visitor. Major (unreadable) premises, not due to Lessee�s misuse, waste, or neglect or that of his employee, family (unreadable) bility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting (unreadable) Lessee or at his direction without the prior written consent of the Lessor.

He billed the tenant for the plumbing services, the tenant responded with a list of ORC's and why she didn't have to pay the bill. He is now going to take it out of the security deposit before I get the deposit at closing tomorrow.

I told him to provide a copy of the invoice and an itemized list for the deductions and amounts and he has to present it to her so that she knows the security deposit is not going to be a full amount when she moves out in two months (as I'll own the property then).

Rumor has it she is quick to quote laws that are in her favor, and to stir up hassles to avoid any responsibility for anything.

So my question is: So long as he provides a copy of the invoice and itemized list for deductions from the security deposit. That he will not be making a full deposit transfer to me at closing tomorrow. Will she have any legal rights to the full deposit from myself as the new owner?


Asked on 7/31/14, 4:48 am

2 Answers from Attorneys
Andrew J Ruzicho II Law offices of Andrew J Ruzicho II

5321.04 Obligations of landlord.

(2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;

(4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by him;

The Landlord cannot put his legal duty of fixing and maintaining the premises upon the tenant. Any provision of the lease that is contrary to Ohio law is null and void. The section of the lease that you quoted would be null and void. It is the landlord's duty to maintain the premises.

If you can somehow show that the tenant was at fault for plugging the toilet then you can charge her for the repair but the landlord still has the duty to fix it.

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Answered on 7/31/14, 5:29 am
Eric Willison Eric Eastman Willison

Mr. Ruzicho is correct in what he says above. Ohio revised code 5321.05 does put the duty upon the tenant to maintain plumbing fixtures in as clean and as sanitary a condition as their condition permits, and the court could find that this would cover unclogging toilets.

But I would add that if you do not return the whole security deposit to the tenant, she is probably going to sue you under Ohio Revised Code 5321.16. That statute allows for double damages the attorneys fees If the tenant can show that you wrongfully withheld any portion of the security deposit after she gave you written notice of her forwarding address. The cost of successfully defending the lawsuit will be far more than the cost of unplugging a toilet.

Further still, if the tenant sues you for the security deposit, the rule is that the the old landlord, since he is the one who received the security deposit, is going to be responsible for returning it to the tenant, unless that landlord can prove that he turned the security deposit over to you. In this case, he will show that he turned over part of the security deposit to you. But make no mistake about it, the both of you are going to get sued.

Further still, the landlord has the burden of proof, when sued by a tenant for a wrongfully withheld security deposit, to show that his withholding is proper. The problem here is that you will be required to establish the condition of the premises when the tenant moved in and compare that with the condition of the premises when the tenant moved out, and show the court that the difference between the two conditions exceeds reasonable wear and tear. The question then becomes, since you did not own the premises when the tenant moved in, how are you going to established its condition at that time? You might want to have an agreement with the former landlord signed by him and in writing that he will come and testify as to the condition of the premises at move-in if you are sued by the this tenant.

As you can see this is all going to get very complex. The better way to do it is to simply return the full security deposit to the tenant and move on with your life.

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Answered on 7/31/14, 7:44 am


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