Shady Landlord

[Tenant for now]

Jurisdiction

Ohio

Hello All,

This is my first time ever posting on this site. I have a question that I would love to hear others' perspective on.

We are currently renting a home in a small area, because of the school district. We do not have any other options currently, as this school district/town, is only a total of 2 miles in radius as is. So finding a plethora of options just isn't a reality. My son, specifically, has special needs and has been in this district since the age of 3 and is now just shy of 17 years old. There has been many years worth of meetings and such for his IEP (individualized education plan) put into these years and to move out from this district at this point, would be like starting over. Prior to moving into this home 3 years ago, we rented another home here in this town, and were tenants there for a little over 12 years. Our "plan" was to remain in that home until all of our kids graduated this school district and move out of this area completely (to get a relief on how much we pay to live in this community in the first place). However, that home was owned by a local university, and due to restrictions that the town placed on the university and where they could/couldn't house students, the university notified us that our home was within the area where they could house students and therefore needed the home for student housing. They gave us plenty of time to find another place to live (knowing the circumstances of finding rentals in this school district), along with a great review for us as tenants.

We went from a really great renting experience to a complete 360 of a landlord, that has proven to be a piece of work, to say the least. Recently, we had some plumbing issues (again)--this "issue" has been a standing issue that rears its ugly head every 4-6 months and requires plumbers to come to repair. This last time, apparently, our landlord assumed this was a new issue, thus resulting in him initially sending us a $500.00 invoice for the repairs. Once we contested that invoice, he changed the amount owed via email, to $250.00. We still contested it. I went further and sent a certified letter, outlining the longstanding issues, along with proof that the landlords own maintenance man attests to being longstanding issues. To date, and this has been in limbo now for approximately 3 months, after the certified letter, we have heard not one peep from this landlord. When my husband took our rent check in recently, the secretary said to my husband "you don't want this to go to court do you, just pay it." My husband said, "You're right, I don't want this to go to court. However, it might appear as though that will be our only option, since the landlord has completely stopped responding to any and all resolutions we have proposed." To which the secretary responded by saying "Well, it won't go to court, he will just take the money from your deposit in the end." It's worth noting, we have not once been late on our rent, even after an almost $100 increase in rent due to "rising costs of property taxes and overall maintenance costs for all properties". Nor have we ever threatened, much less followed through, with putting our rent in escrow until this issue is resolved.

We would absolutely take him to court for this, if this is the case in the end. However, our efforts to avoid court ahead of time, have proven futile. I apologize for the length of my inquiry, however, I wanted to attempt to give a fairly clear picture of the whole scenario. So my questions would be:

Is this method of collecting on a disputed invoice legal?
What are our options when the time does come for this?
We have disputed the invoice well enough in advance (almost 2 years remaining in our long term lease), with no response from the landlord directly to resolve the issue ahead of that time, so does that or can that work in our favor (especially if the actual root of our dispute is a problem that to date has still not been repaired)?
Is there anything else I should do regarding this invoice and our dispute of charges that I haven't already?

Thank you in advance for any/all feedback!

 

[army judge]

Pay the lousy $250 or risk not having your lease renewed, or maybe an eviction action for not paying the plumbing bill in a timely manner.

I don't see any successful litigation results on your behalf surrounding this very minor and apparently fair debt.

 

[adjusterjack]

Is this method of collecting on a disputed invoice legal?

Sure, it's legal. There is no law prohibiting a landlord for billing you for something he believes is your responsibility.

What are our options when the time does come for this?

You mean when you move out and he takes it out of your deposit? That's easy. If you believe he has done it wrongly (in violation of the security deposit statute) you sue him in small claims court.

We have disputed the invoice well enough in advance (almost 2 years remaining in our long term lease), with no response from the landlord directly to resolve the issue ahead of that time, so does that or can that work in our favor (especially if the actual root of our dispute is a problem that to date has still not been repaired)?

In court, you present your documentation and evidence. Whether it works for your or against you is impossible to predict, though a long paper trail is likely to be helpful.

Is there anything else I should do regarding this invoice and our dispute of charges that I haven't already?

Other than suing him now, none that I can think of.

But considering how EXTREMELY limited your rental opportunities are, you're between a rock and a hard place and I tend to agree with Army Judge that maybe you should just pay the $250.

Goes against everything I believe in but, let's face it, you chose to live in a small community with limited options. Life is full of compromises. Stick it out for the remaining two years, your son will be finished with that school and you'll have plenty of other options.

 

[Tenant for now]

Thank you for your colorful responses. Ha! I thought I had made everything pretty clear, but I apparently left some holes, judging by some of the responses. We aren't in fear of being evicted over this. In fact, that wasn't ever mentioned to us by our landlord or by me, that I recall in my initial post. It was whether or not his non-communication to resolve the issue now, prior to it getting to retaining any of our deposit at the end of our lease, is a legal move on the landlords part. It's as if he is dismissing our VERY valid argument of why we actually don't owe for this invoice, by lurking in the background all to attempt a fast move when it comes to whether or not he will give us our full deposit back at term end, or all but $250.00. In my opinion, that isn't a resolve to the actual issue, but simply a lay and wait tactic, that I question the legality of.

Perhaps this makes my inquiry more clear?

 

[Tenant for now]

You mean when you move out and he takes it out of your deposit? That's easy. If you believe he has done it wrongly (in violation of the security deposit statute) you sue him in small claims court.

Do you know where I can find "The Security Deposit Statute" for Ohio, that you mention? Thanks!

 

[Tenant for now]

But considering how EXTREMELY limited your rental opportunities are, you're between a rock and a hard place and I tend to agree with Army Judge that maybe you should just pay the $250.

It is not that cut and dry, since these specific repairs are reoccurring, due to a larger problem that continues to go ignored by the landlord (and long before we were tenants in the property, according to his maintenance man and previous tenants before us, with whom we have developed a friendship based on our experiences with this landlord actually. Crazy what situations can actually bring strangers together over! HA!).

Certainly, if we "cave" and pay the $250.00, then we are by default, admitting to being responsible, which in turn, will be expected for us to accept responsibility for each and everytime it occurs. Which judging by the past 3 years in this place already under our belt, will continue to be every 4-6 months. So it wouldn't stop at $250.00 once. It will open a whole can of worms, that will be a costly situation, that will place the responsibility ON us and OFF of the landlord, who refuses to actually fix the core issue that causes repeated repairs in the first place.

 

[adjusterjack]

In my opinion, that isn't a resolve to the actual issue, but simply a lay and wait tactic, that I question the legality of.

Again, for something to be illegal, it has to be prohibited by statute. You can read the Ohio landlord tenant statute at:

2017 Ohio Revised Code :: Title [53] LIII REAL PROPERTY :: Chapter 5321 - LANDLORDS AND TENANTS

If he is not complying with his statutory obligations you can take him to court to compel him to do so.

Do you know where I can find "The Security Deposit Statute" for Ohio

Section 5321.16 at the above link.

Certainly, if we "cave" and pay the $250.00, then we are by default, admitting to being responsible, which in turn, will be expected for us to accept responsibility for each and everytime it occurs.

Might happen that way, might not.

If you don't want to pay it, you have judicial remedies available to you by statute. It's your choice whether or not to avail yourselves of them.

 

[army judge]

Certainly, if we "cave" and pay the $250.00, then we are by default, admitting to being responsible, which in turn, will be expected for us to accept responsibility for each and everytime it occurs.

Read your lease.

Your lease determines what the landlord is responsible for fixing (if anything), and what the tenant is responsible for reimbursing the landlord (most everything, if the landlord uses a standard lease form).

Nevertheless, read EVERY word of your lease, you'll be better informed.

 

[Tenant for now]

Thank you for the responses.

 

[Tenant for now]

Again, for something to be illegal, it has to be prohibited by statute. You can read the Ohio landlord tenant statute at:

2017 Ohio Revised Code :: Title [53] LIII REAL PROPERTY :: Chapter 5321 - LANDLORDS AND TENANTS

If he is not complying with his statutory obligations you can take him to court to compel him to do so.



Section 5321.16 at the above link.



Might happen that way, might not.

If you don't want to pay it, you have judicial remedies available to you by statute. It's your choice whether or not to avail yourselves of them.

Thank you for the link!

 

[mightymoose]

First, your post was quite long with irrelevant info so I didn't read it all...

It is not clear whether the plumbing problems are a result of anything you are responsible for our if it is just maintenance the property requires. Depending on the nature of the plumbing problem you may have no responsibility for it at all.

You have no obligation to pay the landlord's demand. Yes, it may eventually be taken from your deposit, and you will have options to dispute that when and if it occurs. The landlord will have to convince a judge it was proper.

Review your lease and learn the exact procedure for reporting maintenance issues. This often requires written notice. Make sure you comply with the procedure in the lease and keep good records. At this point it would be best that all of your communication with the landlord be written.

Options may be limited, but the sooner you start looking for somewhere new the better. When you do move out make sure you are familiar with the obligations of the tenant and of the landlord and the timelines involved with returning deposits and what is and is not deductible from the deposit. Once the time has elapsed, if you are not satisfied with the landlord's performance, go to small claims and explain it all to a judge with the help of your well-kept written records.

 

[Tenant for now]

First, your post was quite long with irrelevant info so I didn't read it all...

It is not clear whether the plumbing problems are a result of anything you are responsible for our if it is just maintenance the property requires. Depending on the nature of the plumbing problem you may have no responsibility for it at all.

You have no obligation to pay the landlord's demand. Yes, it may eventually be taken from your deposit, and you will have options to dispute that when and if it occurs. The landlord will have to convince a judge it was proper.

Review your lease and learn the exact procedure for reporting maintenance issues. This often requires written notice. Make sure you comply with the procedure in the lease and keep good records. At this point it would be best that all of your communication with the landlord be written.

Options may be limited, but the sooner you start looking for somewhere new the better. When you do move out make sure you are familiar with the obligations of the tenant and of the landlord and the timelines involved with returning deposits and what is and is not deductible from the deposit. Once the time has elapsed, if you are not satisfied with the landlord's performance, go to small claims and explain it all to a judge with the help of your well-kept written records.

No worries, Moose. Your lengthy response offered nothing more than what I've already been doing/already know. But thanks.

 

[Tenant for now]

Just to point out- The issue with the plumbing is due to "extreme corrosion of galvanized pipes". Anyone who knows about galvanized pipes, knows that A. They are not even put in homes anymore, because of their inability to last and B. Once corroded, it's like some sort of monster with jagged teeth that one plumber said he wouldn't even trust flushing a goldfish through.

Each and every time our landlords chosen plumber has come to repair the same issues, they have noted this and also followed up with our landlord that until he replaces the pipes altogether, the same issues will continue to happen. So, hopefully this explains why we feel so strongly about not paying for this stuff. Because if we pay once, he will most certainly take that as admitting to something that is well beyond our control and not our fault. And history has been a great indicator of the future. Knowing that in the past 3 years, we have had the plumber here like clockwork every 4-6 months to make the same repairs-- I believe our landlord is is just tired of paying the same bill over and over, he loves to take the easy and cheap way out to just slap a proverbial band-aid on stuff vs spend a little more to fix it for the long term. Therefore, he threw out this random invoice to see what would stick. And until he fixes the core issue, which in turn will give us a fair shake to show him we aren't a bunch of baffoons that don't know how to be respectful of indoor plumbing, we will never entertain paying for this kind of nonsense.

So I'm fairly certain at this point that it will boil down to us battling it out in small claims in the end. And I am very prepared for that. I stopped verbally communicating with him about 6 months into our 1st year here, and switched to written communication- because he cannot be trusted.

Again, Thank you all for your input.

 

[mightymoose]

That does soundsl like something entirely the responsibility of the landlord.
You still should make a written complaint I've you have already done so and make sure you have done everything required of you in the lease regarding notice of repairs.

The trick here regarding your deposit is that when moving time comes the landlord can claim the money was put toward other things. You will need to make sure the residence is immaculate and you have photographic documentation and you do a walkthrough with the landlord prior to handing over the keys so you have opportunity to address any issues.

As of right now you have no damages and no action to take. You already know the plumbing problem will come back, so keep searching hon for a way out. Good luck.