Legal Question in Landlord & Tenant Law in Ohio
My husband and I recently signed a lease for a basement apartment, and we moved in yesterday. While my parents were here moving our belongings in my dad noticed that there are no smoke detectors in our entire apartment, and he thinks the ceilings are too low ( I am 5'4" and I can touch every ceiling without standing on my tip toes) and he said that the paint should not be peeling off like it is. Also none of the windows open, and the wiring seems sketchy. Some parts of the ceiling aren't even covered (rafters and wires are exposed). Am I living in an illegal apartment?
1 Answer from Attorneys
In Ohio, local municipalities and counties have code requirements. one of those code requirements is that there needs to be two ways to get in and out of a room used for sleeping purposes. so if the windows do not open in the bedroom then that would violate the local code requirements. All residential property must have working smoke detectors as well In order to be in compliance with the codes.
If you call your local housing inspector to come out they will probably cite the landlord and if the problems cannot be corrected, such as the ceilings being too low, and they would issue a vacate order in force you to leave. it sounds like the lease that you signed with the landlord would not be enforceable because it would be for an illegal purpose , that of renting an apartment that is not up to code.
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