renting, roof leaking, landlord threatened to evict

[GunsMadeAmericaFree]

One of my son's friends is renting an apartment out in the 'boonies'. He recently told me that when it rains, water drips all over the place. He says that he asked the landlord to fix the roof, but was told that she 'couldn't afford it right now'. She threatened to kick him out if he 'causes any trouble' about it.

I know that in Ohio, renters have the right to put rent in escrow with the clerk of courts until repairs are made:

Ohio rent escrow

However, while it says that the landlord can't LEGALLY evict him, that doesn't mean that she couldn't try to do so, or make life hard for him.

Any thoughts?

 

[pete6032]

Get out. A landlord who threatens tenants is not a good living situation, even if the roof doesn't leak.

 

[nOOky]

Ask the county inspector to visit, at least so someone can walk around the property and see the damage and document it. The landlord is expected to perform certain basic functions such as providing operable toilets and running water etc.

Probably best to just find another place and hope he gets his deposit back.

 

[lxskllr]

Yea, just leave. If you somehow fixed this problem, there'll be another one soon enough. Being right doesn't make the time sink of dealing with it any better.

 

[Torn Mind]

Are the statements in writing or verbal?

Are there contractors willing to provide a free, written estimate of the roof damage(friend only has to pretend that he's paying for the repairs)?
Video or pictures of the water damage in progress?

Do two things to satisfy two independent elements of retaliatory eviction, complaint to authorities and a general complaint to the landlord.

https://cintimha.com/wp-content/uploads/2016/08/OHIO-Tenant-and-Landlord-Law-1.pdf

 

[thestrangebrew1]

Here in CA landlords can't evict you over complaining that their roof is leaking. And it's the landlords responsibility to fix it. If they haven't done so already, do as what was said above, document it, get it inspected and provide the information to the landlord and appropriate authorities. One potential problem about getting it inspected, I've had people call wanting to get an inspection saying their landlords aren't fixing the place up. If the inspector goes out there and deems the place substandard, they'll red tag it and basically kick the tenants out until reparations are completed. That leaves the tenants essentially homeless and trying to get a landlord to pay for a hotel AND to repair the damage is a nightmare. We tell them to be careful what they wish for basically.

 

[Torn Mind]

Ask the county inspector to visit, at least so someone can walk around the property and see the damage and document it. The landlord is expected to perform certain basic functions such as providing operable toilets and running water etc.

Probably best to just find another place and hope he gets his deposit back.

Depending on the locale's security deposit rules, he can get more than just the deposit back if procedures of maintaining the deposit is not followed to the absolute letter of the law, and there's a chance this landlord does not.

At the very least, separation of accounts that hold security deposits is a must do for a landlord.

 

[Red Squirrel]

This is why I would never rent. If it was my own house I could just go and fix it or call a contractor to fix it and it's a done deal. PITA when it's not your building and you need to try to get someone else to care.

I would definitely just look at moving since it's not worth dealing with a landlord like that.

 

[Brainonska511]

I'd report the landlord/unit to whatever local building authority handles that stuff, keep everything in writing and take pictures in case the landlord tries to hold a security deposit unlawfully. And just find a new place to live either at the end of the lease or break the lease (depends how much effort you want to put in).

This is why I would never rent. If it was my own house I could just go and fix it or call a contractor to fix it and it's a done deal. PITA when it's not your building and you need to try to get someone else to care.

I would definitely just look at moving since it's not worth dealing with a landlord like that.

Renting can be fine. If something breaks, I don't have to pay a dime to get it fixed. I also don't have to go through some huge rigamarole if I have to move. But it also depends on who you rent from.

 

[BoomerD]

https://codes.ohio.gov/ohio-revised-code/chapter-5321

 

[GunsMadeAmericaFree]

Yep, like I said, a law is in place to supposedly stop landlords that don't fix things up. However, that wouldn't necessarily stop them from doing petty things to make life really annoying for a while. I'm going to encourage him to write up a notice, and take a photo of it posted to her door, along with date he printed and put it there, and then put his rent into escrow with the clerk of courts. It could POTENTIALLY end up in court, though, so I don't know if he will do it.

 

[Brainonska511]

Yep, like I said, a law is in place to supposedly stop landlords that don't fix things up. However, that wouldn't necessarily stop them from doing petty things to make life really annoying for a while. I'm going to encourage him to write up a notice, and take a photo of it posted to her door, along with date he printed and put it there, and then put his rent into escrow with the clerk of courts. It could POTENTIALLY end up in court, though, so I don't know if he will do it.

Consider checking the lease regarding notification. There might be specifically defined procedures.

If not, electronic notice could also work. Send an email, but then follow up with a text message summary referencing the email. Save the time stamped messages.

 

[Torn Mind]

Yep, like I said, a law is in place to supposedly stop landlords that don't fix things up. However, that wouldn't necessarily stop them from doing petty things to make life really annoying for a while. I'm going to encourage him to write up a notice, and take a photo of it posted to her door, along with date he printed and put it there, and then put his rent into escrow with the clerk of courts. It could POTENTIALLY end up in court, though, so I don't know if he will do it.

File a court fee waiver affidavit and attach a motion to expedite the decision because "habitability and abusive conduct".

Communication can be any form of written, although old school certified mail and a carbon copy to himself is a one old-school way. The others have been suggested already.

Keep a diary of the harassment. Tell the landlord to stop if the course of conduct threaten manifests itself.

Also, file a fair housing complaint even if he doesn't think he meets one of the protected class. With the Feds and the local governments.

https://www.homecincy.org/

Goodie two-shoes are too scared of court while "professional tenants" milk the system and abuse landlords for all its worth in getting deposits back or free months.

 

[PowerEngineer]

Seems to me the answer depends on how easy it is to find another comparably priced place to rent, and perhaps how long a lease agreement was signed. If he can move easily and soon then that is what I would suggest. Renting from a crummy landlord is a lot like working for a crummy manager. Yeah, there are laws that are supposed to protect you - but evoking them isn't going to ever make the situation a good one.