Posted January 17, 20169:48 am
In the print edition of The Plain Dealer on Sunday, January 18 - a sidebar companion to a housing story highlighted how to "rent smart" or deal with difficult landlords.
Click here for the full article, which is also copied below:
CLEVELAND, Ohio -- Below are a tips from experts at Legal Aid Society and Cleveland Tenants Organization on renting and tenants' rights.
What's below might help avoid situations like ones in this story, about the Brown brothers, two notorious Cleveland landlords.
For specific advice, contact Legal Aid or head to an upcoming clinic to chat in person with an attorney.
Before renting
Get things in writing
Verbal agreements are hard to enforce. Get any terms in writing, including things like rent amount, payment method, responsibility for utilities. If the landlord is providing appliances or promising any improvements or fixes, make sure that is in writing as well.
Read any lease before signing (and then read it again.) Keep a copy for your records.
Do research
Simple online research can reveal red flags about a landlord or home you want to rent.
- Search municipal court websites in the city where the rental is located for health or housing code violations
- Search county court websites for foreclosure cases, lawsuits or judgments against the owners.
- County property records can help verify who owns the home and whether the taxes are paid.
- Housing records for Cleveland, which show whether a home has been inspected or is condemned can be found here.
Moving in
After renting a home, condo or apartment:
- Take photos of each room to document the conditions.
- Document what needs to be repaired. Keep a log with the date and details of the request and any response or keep emails or text messages.
- Keep proof of rent payments. It's best to pay by check or money order. If paying cash, get a dated and signed receipt with the amount.
What if something needs fixed
Landlords are required to maintain habitable rental units that comply with housing, building, health and safety standards.
If a landlord fails to make needed repairs, a tenant can deposit rent payments with the clerk of the local municipal or housing court, where they will be held until repairs are made. However, the tenant must be current with rent payments, give the landlord written notice of the needed repairs and a reasonable amount of time (usually 30 days) to fix the problem.
To move out
Either a landlord or a tenant may terminate a month-to-month agreement by giving 30 days notice.
For a longer-term or written lease, the method of termination or renewal should be spelled out; including the date the agreement expires.
Breaking a lease by moving early or violating a law can leave a tenant responsible for costs until the unit is re-rented.
Below are answers to other commonly asked landlord/tenant questions.
Find a comprehensive guide to Ohio Landlord-Tenant law here.
If a tenant:
- Fails to pay the rent on time
- Stays in the unit beyond what the lease or rental agreement allows
- Breaks the lease or agreement
How can a landlord legally evict a tenant?
The landlord must first serve a 3-day notice to vacate the property in person or by mail. If the tenant does not move, then the landlord must file a case with the city or housing court asking that tenant be removed and the property cleared. The court will schedule a hearing and the tenant will receive a notice to be in court and a complaint. At the hearing, the landlord may present evidence in support of the eviction and the tenant may present a defense to the eviction action. A tenant may raise the issue of bad conditions as a defense or a counterclaim at the eviction hearing. If an eviction is ordered, the landlord will make arrangements with the court to have the tenant's belonging removed from the unit if the tenant does not move. Local procedures may vary, check with your municipal court or an attorney.
Is my landlord permitted to change the locks, terminate a utility service, or take my property from the rental unit in order to force me to move?
No. These are called "self-help evictions" and that is illegal.
If a tenant has missed a rent payment, violated the lease agreement or failed to meet obligations the landlord must serve the proper notice and file an eviction action through the local court, according to Ohio Landlord-Tenant law. It is unlawful for a landlord to attempt an eviction outside of the court system.
Can I stop a landlord from retaliation?
Landlord can't retaliate against a tenant by increasing the rent, decreasing the services, evicting or threatening to evict the tenant because the tenant has:
- Complained to a public official
- Complained to the landlord
- Joined with other tenants to bargain collectively over the terms and conditions of the rental agreement.
A landlord who engages in retaliation may be held liable for any actual damages to the tenant and for reasonable attorney's fees.
Can a landlord enter an apartment whenever they chose?
No. A landlord may enter a tenant's unit only after giving a 24-hour notice, except in case of emergency. Landlords may not enter at an unreasonable time or in an unreasonable manner. Landlords may not make repeated requests for entry that have the effect of harassment. Tenants may seek injunctive relief from the courts when landlords abuse their right of access. Ohio Landlord Tenant Law does not prohibit a tenant from installing her/his own locks on the rental premises, although this may be prohibited by agreement in a lease. A tenant can't unreasonably restrict the landlord's access to a home or apartment.