Offices of Jacob M. Rzepka


Go to content

Landlord's Violation of Obligations

Landlord/Tenant > Restricted Actions

This section does not apply to student tenants or to any landlord who is a party to rental agreements that cover three or fewer dwelling units and who provides notice of that fact in a written rental agreement or, in the case of an oral tenancy, delivers written notice of that fact to the tenant at the time of initial occupancy by the tenant.


(A) If a landlord fails to fulfill any obligation imposed upon him by law, or any obligation imposed upon him by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes that apply to any condition of the premises that could materially affect the health and safety of an occupant, the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid.

(B) If a landlord receives the notice described in division (A) of this section and after receipt of the notice fails to remedy the condition within a reasonable time considering the severity of the condition and the time necessary to remedy it, or within thirty days, whichever is sooner, and if the tenant is current in rent payments due under the rental agreement, the tenant may do one of the following:

(1) Deposit all rent that is due and thereafter becomes due the landlord with the clerk of the municipal or county court having jurisdiction in the territory in which the residential premises are located;

(2) Apply to the court for an order directing the landlord to remedy the condition. As part of the application, the tenant may deposit rent as described above, may apply for an order reducing the periodic rent due the landlord until the landlord remedies the condition, and may apply for an order to use the rent deposited to remedy the condition.

(3) Terminate the rental agreement.

_______________________________________________________________________________________
Law offices Jacob M. Rzepka 5035 Mayfield Rd. Lyndhurst, Ohio 44236 (216)-923-1309
Hours By Appointment - Evening and Weekend Appointment Available
_________________________________________________________________________________________

The laws governing legal advertising in the state of Ohio require the following statement in any publication of this kind: "THIS IS AN ADVERTISEMENT."This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship




Home Page | Divorce | Children Issues | Landlord/Tenant | Mediation | Foreclosure | Contact Us | Site Map


Sub-Menu:


2008 Phillips & Rzepka, LLC. All Rights Reserved Designed by JMR Web Solutions | jrzepka@rzepkalaw.com

Back to content | Back to main menu