Roach Infestation And Rent Refund

Summary

In ohio, landlords are legally required to provide habitable housing, which includes pest control. Tenants can withhold rent or terminate the lease due to uninhabitable conditions. Consult a local attorney for personalized advice.

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Roach infestation at apartment. Landlord won’t give me all of my money back
What state are you located in, ****? This will help me provide the most accurate information regarding tenant rights and landlord responsibilities.
Ohio
What steps have you taken so far to address this issue with your landlord?

In Ohio, landlords are legally required to provide habitable housing, which includes pest control.
Everything! I even filed a complaint with the Health Department. They’re only willing to offer me six month’s of rent if me and my son move out at the end of July. Five month’s rent if we move out by August.
Have you documented the infestation and your communication with the landlord? In Ohio, tenants can withhold rent or terminate the lease due to uninhabitable conditions.
I have documented everything! I paid my lease up to a year and have only been there for 3 months but now fully, as I’ve been driving back-n-forth to stay with family in Indiana.
Have you consulted with a local attorney or legal aid service about your situation? In Ohio, tenants have the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a pest infestation.
I’ve contacted Legal Aid twice and both times I was told they weren’t able to help me.
Have you considered filing a lawsuit in small claims court for the return of your rent? In Ohio, the limit for small claims is $*,*.
Yes, that’s what I was going to do but I read something in my Lease and I wasn’t sure if I had a case because of what’s outlined.
What specific clause in your lease are you concerned about? This will help me provide more accurate information.
It says this: *. TERMINATION BY TENANT: Tenant may mind let that this lead unt the expiratior. d this lease by giving wrten notice to the Landlord tentsy *) days pho is the stirsto? of the terms of this lease. The notics has to to given on the fat day o it no asp. Tortant shall pay all monies due the Landlord prios to vacating the Promisaa.Tementa continue to make monthly rental payments when due up to tho das olden aten. Tenant acknowledges that the rental charge in this lease was based upon theicupans period of one year and the event of termination horsunder by Tenant dumng bie instal ore year term of this lease. Tenant agrees to reimburse landlord based upon dana onds Landlord for painting expenses in the amount of $ *,* уто окропоо, У * :* грог соі респоно олоно мо соти то надни мони я the amount of $. in the amount of $ *. for damages that Landlord may have against Tenant. - And cleaning axpanses - Said payments are to be in addition to any other claims
Sorry, I copied the text from an image and it didn’t produce the correct words. I’m trying to correct it now
No problem, ****. Could you please clarify the specific clause in your lease that you're concerned about?
Is there a way to send the image? It’s a long clause. That’s why I was trying to copy the text
I'm sorry, but as a text-based service, we're unable to receive images. Could you please try to summarize the clause or type out the key points?
Ok
What is the main point of the clause that you're concerned about?
*. TERMINATION BY TENANT. Tenant may not terminate this lease until the expiration of this lease by given written notice to the Landlord by 30 days prior to the expiration of the terms of this lease
What is the duration of your lease and when does it expire?
I signed on May 1st and it expires at the end of April, *
What is the exact amount of rent you have paid and what is the amount you are seeking to get back from your landlord?
A check was written for $*,*. I wanted at least nine months as we’ve only been there since May but they’re only offering six month’s worth or five month’s if I mov out at the end of August
What does your lease say about early termination due to uninhabitable conditions?
I didn’t see anything about that in my lease. That’s the only section I saw about a tenant breaking the lease
What does your lease say about the landlord's responsibility to maintain the property in a habitable condition?
I don’t see anything. I’m looking over the documents now
What does your lease say about pest control and who is responsible for it?
#* says that “Your unit has been certified bug free. By singing below, you are in agreement that there are no bugs in your unit and that you are not brining any bugs with you in your probably belongings. Should a pest issue arise you agree to contact the office IMMEDIATELY to make the Landlord aware of the issue. By singing this you agree to be financially responsible for extermination in your unit if a pest issue was to arise in the future.
Did you sign this clause (#*) and were there any signs of infestation when you moved in?
Yes, I signed. We had a tour of the apartment on April *, I believe. I signed the lease on May 1st. I told Management about seeing roaches on May 20th but not was done until June 5th.
Did you document the infestation and your communication with the landlord about the issue? This could be crucial for your case.
Yes, I have text conversations and recorded conversations. The Landlord keeps changing her story. She first told me it was the people that lived next door to me that had them because roaches were all in their rice and covering their toothbrushes. They moved and I still continued to get them and badly. She then said it wasn’t them but it was their dishwasher. That it was backed up with water and needed repairing and had they told her, they would’ve fixed it and they it and wouldn’t have had to move. A week ago she then tells me they’re hiding inside the hearing vent.
What actions did the landlord take after you reported the roach infestation?
I sent texts with pictures & videos with my bathrooms and kitchen crawling with them but my Landlord never responded until after the fact and sprayed my unit. She keeps saying that I don’t have them because she claims she never sees any but the Inspector from the Health Department saw them and filed a new complaint, a Violation order
What is the status of the Violation Order filed by the Health Department?
That, I’m not aware of. I was going to call today to find out because I know they’ve been served with the papers already as that was last week.
What was the outcome when you called the Health Department to inquire about the status of the Violation Order?
I haven’t. I’m doing that now. She emailed me last week saying she sent out the notice of violation letter and it would take a few days to get to property management. That was on July 19th
What was the response from the property management after receiving the notice of violation letter from the Health Department?
I haven’t heard from them directly. They had an old lady that isn’t involved and not a Manager call me last week, telling me that they’re willing to offer me six months rent if I move out at the end of July and five months if I move out at the end of August. She was in the dark and said she had no idea why they had her call me. But they haven’t contacted me directly
What is the status of the violation order from the Health Department now?
I do not know
Could you please contact the Health Department to check the status of the violation order? This could be crucial for your case.
Yes, that’s what I’m doing now
What was the outcome when you contacted the Health Department about the status of the violation order?
I’m trying to do that while at the same time messaging on here
What did the Health Department say about the status of the violation order?
I left her a voicemail message
What is the next step you plan to take if the Health Department doesn't respond to your voicemail?
I was going to do Small Claims but I don’t want to do that if I don’t even have a case
What specific concerns do you have about pursuing a small claims case?
That the clauses in the lease will work against me and not for me
What specific clause in the lease are you worried might work against you in a small claims case?
The ones I shared with you
What is the exact wording of the clause in your lease that you believe might work against you in a small claims case?
#* says that “Your unit has been certified bug free. By singing below, you are in agreement that there are no bugs in your unit and that you are not brining any bugs with you in your probably belongings. Should a pest issue arise you agree to contact the office IMMEDIATELY to make the Landlord aware of the issue. By singing this you agree to be financially responsible for extermination in your unit if a pest issue was to arise in the future.
What actions did the landlord take after you reported the roach infestation?
*. TERMINATION BY TENANT. Tenant may not terminate this lease until the expiration of this lease by given written notice to the Landlord by 30 days prior to
What actions did the landlord take after you reported the roach infestation?
They sprayed. She chooses not to use the product the Exterminator has but she bought her own chemical from Amazon and has been using that. It’s very cheap and I don’t think it’s very potent. They don’t seem to be looking to find the root cause of the roaches as she keeps guessing. I don’t just have one or two here and there. They’re in every room of my apartment and the lady across from has been having them as well
What is the name of the court nearest to your location? In Ohio, tenants can take landlords to small claims court for failure to maintain habitable conditions.
The one located at * State Route *, Batavia, Ohio
The nearest court to you is the Clermont County Municipal Court. Their contact number is (*) *-*. You may want to consult with a local attorney before proceeding.
Yep, that’s the one
I had a consultation with a lawyer on Monday and their retainer fee is $*,*. That’s another reason I was going to go to Small Claims
What specific advice did the lawyer give you during your consultation?
He said they could send out a Demand Letter stating that I wanted the nine months rent and I think maybe mentioning it not being livable. Just to see if that would get them to act. That was the first step they would take and go from there
What was the response from your landlord after receiving the Demand Letter?
They didn’t send it. They would need to represent me to do that
Did the lawyer provide any advice on how to proceed if the landlord doesn't respond to the demand letter?
They didn’t send the letter. He wasn’t representing me. It was just a phone consultation and was telling me what they’d do
What was the lawyer's advice on how to proceed with your case during the phone consultation?
He said Small Claims would be good for me and told me how much the fees would be to start and how much it could end up costing
What was the estimated cost provided by the lawyer for the small claims process?
$*,* retainer fee, $* an hour for paralegal and $* and hour for attorney. Every month I’d have to pay to keep the balance
What is the maximum amount you can claim in a small claims court in Ohio?
I’m not sure but I think you told me above the maximum is $*,*
Yes, the maximum amount you can claim in a small claims court in Ohio is indeed $*,*.