The Legal Aid Society of Cleveland represents individuals and groups to:

  • Help low-income tenants secure and retain decent, affordable housing
  • Preserve and increase the supply of decent, affordable housing for low-income tenants
  • Enforce, preserve and expand the rights of low-income tenants

Legal Aid, along with other advocates, also engages in policy advocacy in multiple forums, and it publishes the Ohio Eviction and Landlord-Tenant Law, a leading book on these subjects.

Housing Matters We Handle

  • Public housing
  • Housing choice voucher program (aka Section 8 voucher program)
  • HUD subsidized housing
  • Rural Development subsidized housing
  • Low-income housing tax credit program
  • Shelter plus care program
  • Private landlord-tenant
  • Tenants residing in property in foreclosure

FAQs

Am I responsible for the conduct of my children and invited guests at my rental unit? Close

Yes. You must prohibit your children and invited guests from damaging the property and from disturbing your neighbors. You are not responsible for the conduct of uninvited persons who are on the property without your permission or the permission of a family member.

Next Steps

Visit a brief advice clinic, contact Legal Aid directly, or contact one of the following partner agencies.

Cuyahoga County residents:
The Cleveland Tenants Organization
Rental Information Center
(216) 432-0609

City of Cleveland residents:
Cleveland Housing Court
The Justice Center
1200 Ontario Street, 13th Floor
Cleveland, OH 44113
(216) 664-4295

Lake County residents:
The Fair Housing Resource Center
(440) 392-0147

Other Resources

“Know Your Rental Rights in Cleveland”
“Know Your Rental Rights”

Am I required to permit my landlord to enter my rental unit, if my landlord gives me 24-hours (or more) advance notice of the entry? Close

Yes. Your landlord is only permitted to enter your rental unit for certain purposes, which include inspecting the property, making repairs, and showing the property to potential purchasers or future tenants. Your landlord may not make repeated demands for entry that have the effect of harassing you.

Next Steps

Visit a brief advice clinic or contact one of the following partner agencies.

Cuyahoga County residents:
The Cleveland Tenants Organization
Rental Information Center
(216) 432-0609

City of Cleveland residents:
Cleveland Housing Court
The Justice Center
1200 Ontario Street, 13th Floor
Cleveland, OH 44113
(216) 664-4295

Lake County residents:
The Fair Housing Resource Center
(440) 392-0147

Other Resources

“Know Your Rental Rights in Cleveland”
“Know Your Rental Rights”

Is my landlord permitted to change the locks, or terminate a utility service, at my rental unit to make me move? Close

No. If this occurs, you may file a court action asking for (i) an order that requires your landlord to stop immediately these actions and (ii) a judgment for all damages that you have suffered as a result of your landlord’s actions.

Next Steps

Visit a brief advice clinic, contact Legal Aid directly, or contact one of the following partner agencies.

Cuyahoga County residents:
The Cleveland Tenants Organization
Rental Information Center
(216) 432-0609

City of Cleveland residents:
Cleveland Housing Court
The Justice Center
1200 Ontario Street, 13th Floor
Cleveland, OH 44113
(216) 664-4295

Lake County residents:
The Fair Housing Resource Center
(440) 392-0147

Other Resources

“Know Your Rental Rights in Cleveland”
“Know Your Rental Rights”

What steps must my landlord take before my landlord may force me to leave my rental unit? Close

To force you to leave your rental unit, your landlord must file an eviction action and obtain an eviction order. This requires your landlord to:

• Give you a written notice to leave and, in some cases, also a notice of termination
• File an eviction complaint with a court
• Prove the landlord’s right (if any) to evict you, during the eviction hearing
• Obtain a court order for eviction

The court will send you two documents: (i) the eviction complaint and (ii) a document called a “summons,” which tells you the place, date, and time of the eviction hearing. During the eviction hearing, you may present your facts (witnesses, documents, photographs) and your position on your right to stay in the rental unit.

Next Steps

Visit a brief advice clinic, contact Legal Aid directly, or contact one of the following partner agencies.

Cuyahoga County residents:
The Cleveland Tenants Organization
Rental Information Center
(216) 432-0609

City of Cleveland residents:
Cleveland Housing Court
The Justice Center
1200 Ontario Street, 13th Floor
Cleveland, OH 44113
(216) 664-4295

Lake County residents:
The Fair Housing Resource Center
(440) 392-0147

Other Resources

“Know Your Rental Rights in Cleveland”
“Know Your Rental Rights”

What do I do if my apartment has bed bugs? Close

Northeast Ohio and many places across the country are experiencing a significant increase in bed bug complaints. Bed bugs were once thought to be pests found only on bedding in homes, apartments, and rooming houses. Now bed bugs are found in office buildings, retail stores, hospitals, dormitories, nursing homes, office buildings, libraries, movie theaters, buses, and any other place where people gather. Bed bugs are excellent hitchhikers and are easily spread by moving beds, furniture, luggage, or clothing from one location to another.

Identifying Bed Bugs

• Bed bugs are small, flat, oval, reddish-brown, wingless insects that feed primarily on the blood of humans.

• Adult bed bugs are approximately ¼ inch long, about the size of an apple seed. Young bed bugs (nymphs) are quite small and when unfed they appear lighter and almost clear in color.

• Bed bugs do not fly or jump. However, they can crawl very fast.

Bed Bug Bites

• Bed bugs bites often occur on the arms, shoulders, neck and legs.

• The bite can usually be seen as a red bump, up to a centimeter in size and without a red puncture mark in the middle.

• The bites may occur in lines or as a cluster of three or four.

• The bite may appear within hours or delayed up to a week.

• Bed bugs are primarily a nuisance to humans and are not known to transmit disease. Some people have no reaction to bites while other people may experience itchiness and irritation. Try to avoid scratching bites. Questions about bite marks should be directed to a medical provider.

Signs of a Bed Bug Infestation

Usually the first sign of a bed bug infestation is the appearance of red itchy welts on any bare skin that is exposed while sleeping. Next, look for small black or rusty-colored spots on bed linens, pillows, or mattress. These are blood spots and bed bug droppings. Also, look for live bed bugs, eggs, and cast skins.

Inspecting for Bed Bugs

Bed bugs hide close to where people sleep. They prefer fabric, wood, and paper surfaces over metal or plastic. Look for live bed bugs, eggs, cast skins, and blood or fecal spots in these locations: mattresses, box springs, head boards, bed frames, upholstered furniture, recliners, baseboards, behind pictures, under loose wallpaper, draperies, electrical outlets, telephones, radios, televisions, stacks of books, piles of papers, back packs, luggage, futons, gym bags, draperies & curtains, stuffed animals, hollow furniture legs, door frames & hinges, wall / ceiling junction.

Treating Bed Bug Infestations

Complete elimination of a bed bug infestation can be a difficult process and may require the services of a knowledgeable and licensed pest control operator. It may take several treatments to gain control over an infestation. If a “do-it-yourself” method is chosen, only use pesticide products that are labeled to kill bed bugs. Remember to always read and follow the label directions before applying any pesticide product. Here are some additional tips to help eliminate bed bugs.

• Reduce and eliminate clutter. Don’t keep piles of clothes, boxes, toys, shoes, etc. on the floor, under the bed, or in closets. They are prime hiding places for bed bugs.

• Wash infested bedding and clothing in hot water and then dry on a hot setting for at least 30 minutes.

• Encase an infested mattress and box spring in a zippered cover that is labeled and certified “bed bug proof”. Leave the covers on for at least one full year.

• Vacuum bedrooms thoroughly and often. Pay particular attention to the area around the bed and the bed itself. Place the vacuum cleaner bag or contents in a zip-lock plastic bag and discard it in the trash outside.

• Getting rid of bed bugs is a cooperative effort. Follow all recommended preparation guidelines provided by the pest control company prior to each treatment.

• Pesticides labeled to kill bed bugs are available over the counter and may provide effective control. However, if the problem persists or is heavily entrenched, contact a knowledgeable, experienced, and licensed pest management professional for assistance.

• Since bed bugs are difficult to control, plan on several extensive treatments to eliminate an infestation.

• DO NOT USE “Bug Bombs”. These products may kill on contact but they are ineffective against hidden bed bugs. They may make the infestation worse by scattering the bugs throughout the home or apartment.

• If an infestation is suspected in a rental unit, contact the building manager or landlord about the problem. Property owners should contact a professional pest control company for advice and assistance. The Cuyahoga County Board of Health (at (216) 201-2000) is also available to assist.

Preventing Future Infestations of Bed Bugs

• Do not bring discarded bed frames, mattresses, box springs, or upholstered furniture into the home.

• Carefully inspect used or rented furniture prior to bringing it into the home.

• When traveling, inspect the bed, headboard, and furniture upon arrival. Keep suitcases off the floor and bed and inspect them before leaving. Wash and dry all clothing thoroughly after returning home.

• Caulk and seal any cracks and crevices throughout the home, especially in rooms where people sleep.

• Be careful of who stays overnight or sleeps at the house.

Bed Bugs in Nursing Homes

Although no residence is safe, certain populations are particularly prone to bed bug infestations. A troublingly high incidence of bed bug infestations has been reported in nursing homes throughout the country.

Bed bug infestations are a concern for many seniors living in senior housing. Seniors living in a nursing home may be exposed to bed bugs through shared laundry facilities or common sitting areas, or by staying in a room near someone who may have bed bugs.

Bed bugs are attracted to heat and chemicals emitted by humans and survive on human blood. Therefore, nursing homes act as a breeding ground for bed bugs due to the high rate of residents, staff and family members moving about the facility. Furthermore, residents stay in bed for prolonged periods of time and live in close proximity, making it easy for bed bugs to survive.

Recommendations for Residents in Senior Housing

• Keep any living space clutter-free. Clutter provides great hiding spots for bed bugs.

• Bites that appear after sleeping may be an indication that bed bugs are present, even if they do not itch.

• Report a bed bug infestation to the property manager or facility administrator within 24 hours of the pest sighting.

• Do not attempt to control a bed bug infestation alone. Never self treat with pesticides, especially “bug bombs”, which drive bed bugs into adjacent rooms or units.

• Do not remove anything from an infested room until after the room is treated by a pest management professional (PMP).

• Cooperate fully with the recommendations provided by the PMP to prepare rooms for bed bug inspection and treatment. Ask the property manager or administration for help if there are preparation steps that cannot be accomplished alone, such as disassembling or moving furniture. Disabled and elderly individuals should request assistance with preparation.

• Prior to treatment, place all clutter and garbage from infested rooms in sealed plastic bags. Bagged items should remain in the infested room for treatment by a PMP prior to disposal.

• The day of the pesticide treatment, all bedding and clothing should be bagged in plastic, transported to the laundry and laundered using hot water. Dry the items for at least 30 minutes on high heat. Bags used for transport should not be re-used, but should be sealed and disposed with other infested refuse.

Bed bug infestations are a problem that affects everyone. Do not be reluctant to discuss a possible infestation because of embarrassment. It is important to report the infestation to management. The earlier the infestation is addressed, the more likely it will be quickly controlled.

What can I do if my landlord won’t do anything to help with my mental or physical disability? Close

Sometimes there is a connection between a tenant’s physical or mental disability and a lease violation. When this occurs, the tenant may ask the landlord for a reasonable accommodation that will allow the tenant to keep their housing. A tenant may make this request in connection with an eviction action or at any time before eviction.

Some examples of reasonable accommodations include:

  • using a power of attorney to pay the rent on time,
  • having a cleaning service clean the apartment, or
  • moving from a one bedroom to a two bedroom apartment fora live-in aide.

Many older people benefit from a companion animal, based on a doctor’s note that the animal helps with depression or other illnesses.

If there is a connection between the health problem and the lease violation, generally the landlord may not evict for the lease violation. The landlord may deny the reasonable accommodation request if:

  • it would impose a large financial or administrative burden;
  • it would change the nature of the housing provided; or
  • it would not eliminate the direct physical threat to the health and safety of other tenants.

These reasonable accommodation rules apply in both private housing and subsidized housing. When a reasonable accommodation is granted, the tenant must then remain in compliance with the lease. A tenant may also make more than one reasonable accommodation request.

A tenant may also request a reasonable modification to their rental dwelling or to common areas of the building such as wheelchair accessible entryways to both dwelling units and common areas.

If a tenant needs a modification in order to use the apartment or house, the landlord must allow the modification if it is reasonable. In private housing (including section 8 voucher housing), the tenant is required to pay for the modification if it is reasonable.

Tenants who have either a physical or mental disability should consider using a request for reasonable accommodation or modification to obtain or keep affordable housing.

My landlord hasn’t responded to my requests for repairs. What can I do? Close

If you are a tenant, your landlord is required to make certain repairs to your rental unit, when they are needed, including:

  • Repairs to keep the property in a livable condition;
  • Repairs to meet housing and building codes that affect health and safety; and
  • Repairs required by the terms of the lease.

In Ohio, a rent deposit (or rent escrow) process allows tenants to pay their rent to a court, instead of the landlord, to get the landlord to make these repairs.

Before a tenant may rent deposit, the tenant generally must:

  • Be current in rent;
  • Give the landlord written notice of the repairs needed, by sending the notice to the person or place where the rent is normally paid; and
  • Then give the landlord a reasonable time (usually 30 days) to make the repairs.

If the landlord does not make the repairs during this reasonable time, the tenant generally may rent deposit.  This means the tenant may deposit the monthly rent with the Clerk of Court of the municipal court for the tenant’s community.  Each month, the tenant must continue to deposit the rent with the Clerk of Court by the date the rent is due.  The Clerk of Court may have rules for depositing the rent, which the tenant must follow.

Some non-profit groups help tenants with the rent deposit process, at no charge to the tenant, such as:

  • In Ohio (all counties):  Rental Housing Information Network in Ohio, (888) 485-7999.
  • In Cuyahoga County:  Rental Information Center of the Cleveland Tenants Organization, (216) 432-0609.
  • In Lake County:  Fair Housing Resource Center, Inc., (440) 392-0147.

Also, some courts help tenants with the rent deposit process.  For example, Cleveland Housing Court specialists explain the rent deposit process to tenants.  The specialists are located on the 13th Floor of the Justice Center, 1200 Ontario Street, Cleveland, OH 44113.  They are available for drop-in visits, Monday through Friday, 8:30 a.m. to 3:30 p.m.  The Cleveland Housing Court phone number is (216) 664-4295.

This article was written by Legal Aid attorney Peter Iskin and appeared in The Alert: Volume 29, Issue 1. Click here to read the full issue.

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