Legal Question in Real Estate Law in Ohio
Violation by maintenance crew
First of all, my maintenance came in to work on my apartment while I was sleeping.I woke up and found them in my living room, and i did not even know they were coming. Then, on another day, i was in the shower and they pounded on my door and then tried to enter my apt.while I was standing there in a towel. Thank god i had put a chain up after the other incident. That same day they left me a threatening note saying that they had to fix the grout in my tub and they would cut my chain to do it! i still have that note in my possession.What can I do?
2 Answers from Attorneys
Re: Violation by maintenance crew
Your landlord or his/her maintenance crew is allowed to come in at reasonable times with reasonable notice unless it is an emergency. For ordinary maintenance items you can ask for 24 hours notice.
Good Luck!!!!!!!!
Re: Violation by maintenance crew
Assuming that you have not unreasonably withheld consent for the landlord, (which means the maintenance crew), to enter to perform maintenance, etc., the landlord may not abuse the right of access conferred by division (B) of section 5321.05 of the Ohio Revised Code.
Unless it's an emergency, or if it is impracticable to do so, the landlord must give you reasonable notice of his/her intent to enter, and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.
You may have a cause of action against the landlord for violating Ohio law. Feel free to call me if you want to discuss this further (513) 563-3003.
Rick Sommer
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