Legal Question in Landlord & Tenant Law in Ohio

Although it wasn't in my lease my landlord put up a notice 3 months ago that he would be inspecting apartments monthly. The first month he came in the second he didn't (though I waited all day and was given no notice he wouldn't be) it's almost time for number three but I can't be here that day. Can he still enter? He has given no extra notice and I am unsure if he will come in.

2nd question. We asked him at this first entrance to fix our AC explaining we can't open the windows because our special needs child will jump out. I keep getting pacifying answers even told a technician would be in my apartment today and he never showed. It has regularly been over 85 in my apartment! What can I do?

There are so many other problems with this apartment but I can not afford to break the lease or put a deposit on a new one. I have no Idea what to do.


Asked on 6/02/14, 6:26 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, whether or not and how often your landlord can enter the rented residential premises has nothing to do with your lease and everything to do with Ohio Revised Code Section 5321.04(A)(8) which states that the landlord may enter the premises for the purposes of inspection and/or repair so long as he gives reasonable notice to the tenant, reasonable notice being presumed to be 24 hours. Under R.C. 5321.05, the tenant must not unreasonably withhold his or her consent for such an inspection. But obviously, there is going to be some back and forth between the landlord and the tenant so that there can be a mutually acceptable time selected. But the landlord cannot dictate a time to the tenant, and the tenant cannot dictate a time to the landlord.

As for failing to fix things around the apartment, you can find your question answered here: http://www.ohiolandlordtenant.com/faq1.html

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Answered on 6/02/14, 8:07 pm


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