Landlords and Tenants: Part II

In my last post about landlords and tenants, I mentioned a few tips on how to make sure you get your security deposit back, and to be wary of bad roommates.  Both of those topics come up before and after the lease.  Now I'd like to talk about something that you should be aware of during the lease.

What if the landlord doesn't fix something that's broken?
This is something that comes up from time-to-time.  A leaky roof, a broken water heater, whatever the case may be, there are times where something in the property just doesn't work.  While a good landlord will make every effort to repair it, some landlords won't even bother.  Even worse, there are times when a landlord tries to fix the issue repeatedly, but simply can't get it repaired.  So what are the tenants options?

First and foremost, these situations don't automatically excuse the tenant from the lease.  Make no mistake, if you simply try to walk away from a lease because the stove won't turn on, then you will likely be found in breach, and therefore the landlord will be able to come after you according to the terms of the lease.  But, Ohio law provides you with a way to motivate the landlord into fixing the problem, but you must follow the law exactly in order to avoid getting yourself into trouble.

This statute explains how and when a tenant can deposit the rent due to the landlord with the clerk of courts.  It also allows for an application to be made to the court in which the rent will be reduced based upon what is wrong with the rental property.  Lastly, it allows a tenant to terminate the rental agreement.  The important thing to remember is that in order for a tenant to use this particular statute, the landlord must have failed to do something listed under this separate statute.

This can be confusing for the uninitiated and successfully using this law will likely require an attorney.  Remember, if you go about it the wrong way or for the wrong reason, you can be held liable for breaching the lease.

There are still a lot more things to be aware of, but I will save those for another post later on.


This post is for informational purposes only and should not be regarded as legal advice or as forming an attorney-client relationship.  If you are in the Dayton, Ohio area and feel that you may be in need of legal advice please contact Strain Law Office, LLC for a free consultation.