Legal Question in Real Estate Law in Ohio

tenant rights

If an tenant is without heat for several days (when heat is needed) can the tenant subtract a prorated amount of the monthly rent? Also, if a tenant is having allergic reaction caused by something in an apartment (which can not be reasonably alleviated) and a Dr. can substantiate the claim is that an adequate reason to get get out of a lease. Thank you for your help.

Scott


Asked on 10/22/02, 10:27 am

3 Answers from Attorneys
Joseph Burke Law Office of Joseph T. Burke

Re: tenant rights

No, a tenant cannot unilaterally subtract rent. The proper procedure is to provide written notice of the landlord and give him or her an opportunity to cure. If the landlord fails to do so, you can either make an application for a rent deposit with the local municipal court, or constructively evict for failure to supply heat to the apartment.

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Answered on 10/22/02, 11:39 am
David Weilbacher, Esq. Attorney at Law

Re: tenant rights

The answer to your second question is no. Your allergy to something on the property does not render the property uninhabitable. You could move out, but you would be responsible for the rent until the landlord found a new tenant.

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Answered on 10/22/02, 1:32 pm
Frank Rozanc Frank J. Rozanc, Esq.

Re: tenant rights

Lack of heat for a short period of time is not grounds for withholding rent. You must give the landlord written notice of the problem before you can put your rent into escrow with Willoughby Municipal Court. As to the other condition, if after you have given the landlord written notice of the defect, and he has done nothing after 30 days, you may terminate the lease, and use the condition as a defense to a landlord action against you.

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Answered on 10/23/02, 12:32 am


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