Legal Question in Landlord & Tenant Law in Ohio

My son and daughter in law have an apartment in Ohio but I'm living in the UK. Their apt flooded due to a sump pump failure and it flooded the entire apt. They have a 2 year old daughter and are expecting one this month (July). They have had to move into a hotel and I'm sure have had to pay for this out of their pockets. They are still paying rent due to the landlord saying its still in a livable condition. They have shown me pictures of the flood damage and the mold that is around the house.

They cant live in this condition with a 2 year old and a new baby due anytime. What rights do they have as tenants in Ohio and what compensation, if any, can they receive. I cant have my grandchildren living in these kind of conditioins. Can you please give some advice so I can pass this on to my son and daughter?


Asked on 7/11/15, 1:32 am

1 Answer from Attorneys
John Sauter Cloppert, Latanick, Sauter & Washburn

Landlords have a statutory duty under Ohio law to, among other things, (1) comply with all applicable building, housing, health and safety codes, (2) "to do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition," and (3) to maintain all plumbing and/or sanitary fixtures supplied by him in good working order.

Upon the landlord's breach of their statutorily-mandated duties, the tenant should give notice to the landlord of their breach. If the landlord has not fixed the condition within 30 days, the tenant has a number of options, including depositing rent with the local clerk of court (if the tenant desires to continue living in the space), terminating the lease agreement or filing a lawsuit for money damages.

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Answered on 7/13/15, 5:54 am


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