Legal Question in Real Estate Law in Ohio

Health Hazard

I live in a unsafe apartment, the floor is about to cave in ontop of the people downstairs,windows don't open,bat droppings in the attic, chimney is leaking carbon minoxide and is about to fall, black mold is growing downstairs and working its way up,A couple of us have been sick a lot ever since we moved in.We have called a health inspector but he said there is no rules for how the house should be fixed. We told our landlord but she never did anything,now we are trying to get out but we have to prove that the house is unsanitary and unsafe to live in .How do i do that?


Asked on 11/13/00, 11:08 am

3 Answers from Attorneys

Ernest Ducey Ducey & Riewaldt

Re: Health Hazard

You can file a "Rent Escrow" Case in your local Municipal Court. You must follow the following section of the Ohio Revised Code:

�5321.07

(A) If a landlord fails to fulfill any obligation imposed upon him by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, or any obligation imposed upon him by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes that apply to any condition of the premises that could materially affect the health and safety of an occupant, the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid.

(B) If a landlord receives the notice described in division (A) of this section and after receipt of the notice fails to remedy the condition within a reasonable time considering the severity of the condition and the time necessary to remedy it, or within thirty days, whichever is sooner, and if the tenant is current in rent payments due under the rental agreement, the tenant may do one of the following:

(1) Deposit all rent that is due and thereafter becomes due the landlord with the clerk of the municipal or county court having jurisdiction in the territory in which the residential premises are located;

(2) Apply to the court for an order directing the landlord to remedy the condition. As part of the application, the tenant may deposit rent pursuant to division (B)(1) of this section, may apply for an order reducing the periodic rent due the landlord until the landlord remedies the condition, and may apply for an order to use the rent deposited to remedy the condition. In any order issued pursuant to this division, the court may require the tenant to deposit rent with the clerk of court as provided in division (B)(1) of this section.

(3) Terminate the rental agreement.

(C) This section does not apply to any landlord who is a party to rental agreements that cover three or fewer dwelling units and who provides notice of that fact in a written rental agreement or, in the case of an oral tenancy, delivers written notice of that fact to the tenant at the time of initial occupancy by the tenant.

(D) This section does not apply to a dwelling unit occupied by a student tenant.

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Answered on 11/20/00, 12:09 pm
Gregg Manes Gregg A. Manes, Esq.

Re: Health Hazard

If the health inspector will not condemn the place or at least cite the owner for violations of the health code you may want to hire a house inspector in order to show that the place is so deplorable that you cannot live there.

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Answered on 11/20/00, 1:00 pm
Rick Sommer Law Offices of Rick J. Sommer

Re: Health Hazard

Based on the information provided, you may have several options to pursue to force repairs, or to get out of your lease. Landlords have a responsibility to maintain rental properties in a habitable condition. Feel free to call me to discuss this further. 513-563-3003.

This message is for general information only and does not create an attorney-client relationship.

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Answered on 11/19/00, 11:34 pm


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