Legal Question in Real Estate Law in Ohio

I live in an apartment in Ohio and I recently found out that my duct that provides my central air and heat to my apartment is also tied into the apartment hallway, meaning my electric bill was pretty high. When I confronted the landlord, he first told me that he knew that there was one apartment that shared air with the hallway but when asked why he leased it out to us anyways without informing us, he changed his story and said that all the apartments share their heat and a/c with the common area.

I searched everywhere in my lease and I found nothing that mentioned this. Isnt he basically stealing my a/c for free? and if its not disclosed in my lease, isnt that illegal and possible grounds to break my lease?


Asked on 9/07/09, 1:37 am

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Renter: Yes, since the landlord failed to inform you of the ductwork deception, you have a right to either move out, breaking the lease by reason of the landlord's breach, or demand immediate correction of the ductwork. And, you can demand a rent credit or repayment for the percentage of cost to you for heating and A/C by reason of the deceptive ductwork.

Retain legal counsel to advise you; perhaps a stern letter warning and demand upon the landlord coming from an Attorney can correct the entire picture without the need to move, etc.

Good luck. Sincerely, J. Norman Stark, Cleveland, OH.

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Answered on 9/08/09, 8:49 am


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