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Landlord Troubles - Legal Issues

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Uncle Rudder View Drop Down
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    Posted: 16 July 2009 at 5:47pm

Sorry guys, I don’t like making these threads and you probably don’t like to see them either; but I am in a bit of a legal conundrum and am seeking any advice or help that anyone can offer me.  Any help at all is greatly appreciated. 

 

I recently (29 days ago) moved from my nice, old apartment into a rundown house with 4 of my friends.  I never got a chance to see the place before I signed the lease, (mistake #1), but it didn’t really matter because I was out of options and I was out of money. 

 

So I moved here.  This place is a dump (as I expected) but the rent is affordable (far lower than it was at the last place, which wasn’t exactly in “great” shape either).  But anyways, here’s the problem; our landlord has, thus far, broken Ohio state law 3 times (didn’t give us 24 hour notice, sometimes there was no notice at all, before showing up and walking in the front door – there was a court case in this city about 8 years ago that upheld this right and the fact that you can’t sign it away as part of the lease), also, there are multiple items in this place that are questionable if they passed code or not (most noteworthy - a heater that if left on for more than 15 seconds begins to turn the metal RED hot –bear in mind there is not central heating/AC so this is the source of our warmth in the winter), and, he has 4 more days to fix the list of things we requested to be fixed 26 days ago or another state law will be broken.  Also, he’s starting a trend of sending maintenance to the house every few 2 or 3 days, and they show up, and do nothing except walk around (I haven’t been here to witness it but I hear the same story from all my room mates).  So I’m not sure if this violates the “right to privacy” / not harassing the tenants with unnecessary and repeated entry, another state law. 

 

Normally I’d live with this, and just kinda deal with it and pester him until the stuff was fixed.  But I have a cat, and I’m not sure if cats are allowed.  I remember asking when signing the lease if pets were allowed and he said no, but I don’t remember there being any section in the lease that stated this in writing (hence why I asked him).  However, I can’t find my copy of the lease, among a couple of other things that seemed to have gotten lost in the process of moving, so I can’t go see for sure.  Also, according to my roommates, while I was off at work, the maintance men showed up (no notice) and tossed my cat out the front door (thankfully she came back 12 hours later). 

 

Now I have access to 3 attorneys thanks to working for the university.  But I’d hate to waste their time (as well as mine) if there is nothing that I can do because of lack of evidence for the violations except the eye witnesses, who are all my room mates and myself, so I don’t know if we’ll be “credible” witnesses (there are only 2 piece of written evidence, an email that was sent mere hours before his arrival as well as the maintenance request paper we filled out, but so far that hasn’t broken a law).  Also, even if we are able to take him to court, would we get any benefit out of it?  From reading the laws (legal jargon always confuses me) it seems like we can terminate our lease, but then we’d have no where to live, and really be up craps-creek without a paddle.  Plus the fact that I have a potentially illegal cat in the house doesn’t help my case. 

 

Any suggestions as to what I can do or should do?    I’m really not enjoying this situation at all, and it’s going to require me to request time off work to meet with the attorneys.

 

 
 
 
 
 

TLtTL;DR – Landlord breaking the law, not sure what to do. 
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Peter Parker View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Peter Parker Quote  Post ReplyReply Direct Link To This Post Posted: 16 July 2009 at 5:49pm
First question to ask yourself (always):  What are you trying to achieve?  What would you like the end result to be?

"E Pluribus Unum" does not mean "Every man for himself".

Pop Quiz: What do all the Framers of the Constitution have in common?
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oreomann33 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote oreomann33 Quote  Post ReplyReply Direct Link To This Post Posted: 16 July 2009 at 6:30pm
Poop in his mailbox.
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merc View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote merc Quote  Post ReplyReply Direct Link To This Post Posted: 16 July 2009 at 7:52pm
stop paying rent and walk. do the legal work to get out of the lease
saving the world, one warship at a time.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote procarbinefreak Quote  Post ReplyReply Direct Link To This Post Posted: 16 July 2009 at 8:34pm
talk to the lawyers at your school.  they deal with this all the time... in fact, my school holds a legal clinic every now and 99% of the stuff that they get questions on are landlord issues, and i'm willing to bet yours is the same. 

I'm guessing there is a phone number you can call from the city, like there is in Milwaukee and make a formal complaint.  This lights the fire under your landlord's butt to start fixing things, otherwise he can be fined if he doesn't fix things in a certain time. 

As for him walking in, if you need him to fix things and have called him or whatever about those things, i'm not sure about the 24 hour notice thing since you contacting him is sort of permission.  although it's pretty sketchy if he's just walking around and not doing anything.

I almost took one of my old landlords to court, but I didn't have the time or money (initial filing fees and what not) for what it was worth.  However, I did get a great handle on landlord tenant laws thanks to the situation and a bit of help from Rambino...


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Post Options Post Options   Thanks (0) Thanks(0)   Quote The Guy Quote  Post ReplyReply Direct Link To This Post Posted: 17 July 2009 at 12:14am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Uncle Rudder Quote  Post ReplyReply Direct Link To This Post Posted: 17 July 2009 at 1:36am
^^^ Haha, I shoulda seen that coming.LOL when I heard they tossed my cat out the front door door and then shut it, I was more pissed off then I can ever remember, not Tec-9 PO'd, more of "multiple dropkicks to the face" PO'd. 
 
As for my "goals" and what I want to achieve out of this, I want to live in a house that is slightly less of a dump, WITH my cat until I can actually afford to move to a better place.  Perferable one that actually has a working shower and doesn't have the biggest possible fire hazard I have ever seen, in my living room.  It would also be nice if atleast 1 room had a level floor, but that might be asking a bit much. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote God Quote  Post ReplyReply Direct Link To This Post Posted: 17 July 2009 at 1:41am

I think what PP meant was, What do you wish to accomplish with this landlord and the issues you face?

Also, none of your other roommates have a copy of the lease for you to see, either?



Edited by God - 17 July 2009 at 1:41am
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Uncle Rudder View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Uncle Rudder Quote  Post ReplyReply Direct Link To This Post Posted: 17 July 2009 at 3:15am

Ya, I didn’t word that very well at all.  What I want to accomplish is:

A) Get this stuff fixed
B) Not have the maintence guys here everyday, doing whatever it is that they’re doing (more like what they’re not doing).  Which really goes along with goal-A.  I admit, I do have more than a little bit of disdain for the maintenance guys after they tossed my cat out.  Seriously?  Who does that?  Even if the cat isn’t supposed to be here, that is not the way you handle the situation. 
C) If I have to hold up my end of the lease and do what the law requires me to do, than HE has to hold up his end and do what the law requires him to do to as well.  It’s a two way street.

 

And the biggest:
D) Seek any kind of financial compensation possible for the unlawful activity (reduced/refund part of the rent that we’ve paid).

 

 

 

Sadly enough I don’t live with the brightest guys.  I asked if anyone had a copy of the lease for me to look at, 2 of them said they had no idea where they put it or if they even kept a copy at all (It’s their first time leasing, so I’ll chalk it up their n00bness).  The 3rd guy said he has a copy, but he’s more than ‘a little disorganized’ and so far hasn’t been able to find it amongst all of his stuff.  (Just a quick peak into his room and you’d know exactly what I’m talking about.)  I have gone into his room while he was gone at work to hunt for it, and so far haven’t found it (not to mention I really don’t like doing that).

I just can’t win, story of my life.     

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b-YOU-ick. Was that so hard?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote DeTrevni Quote  Post ReplyReply Direct Link To This Post Posted: 17 July 2009 at 4:12am
This is why I love this forum. I can listen to you guys' stories and say, "Well, THAT'S something I'm gonna need in the future!" In short, the more you guys screw up before I start my "life," the less I will. :P

But seriously, I hope you get your compensation. I hate a-hole landlords, and I've never had to even experience one...
Evil Elvis: "Detrevni is definally like a hillbilly hippy from hell"

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Benjichang Quote  Post ReplyReply Direct Link To This Post Posted: 17 July 2009 at 9:35am
I had some god-awful landlords. Although they didn't do anything sketchy really, they sucked to deal with. It always seemed there was some kind of drama going on with them.

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