Tenant Rights During Construction

Summary

A landlords duties in a residential lease include quiet enjoyment and maintaining the premises. If a rental property becomes uninhabitable, Ohio law allows tenants to terminate the lease without court proceedings. The primary obligation of a tenant is to pay rent, but this can be waived if the property is uninhabitable. A leasehold estate is not a fee simple but an interest in property for a fixed period. If Alices apartment was not damaged, she could assign or sublease her lease if permitted by the lease agreement.

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Alice is renting an apartment from ABC Inc., a property management company, in Westlake, Ohio. ABC Inc. hires a construction company build a new apartment building near Alice’s apartment. During the construction, a worker operating an excavator accidentally swings the excavator’s arm the wrong way, smashing the excavator bucket through the bedroom wall of Alice’s apartment. Alice’s apartment is rendered uninhabitable. Alice gathers her things and moves to her parent’s home. Because of the incident, Alice refuses to pay her management company any more rent. Does Alice owe rent payments after the premises is destroyed? A. Yes, she must pay the remaining balance of the lease. B. Yes, and she must occupy the premises once it is repaired. C. No, she may terminate her lease payments without proceeding to court. D. No, she may terminate her lease payments but must proceed to court.
The answer is C. In Ohio, when a rental property is destroyed and is not habitable, the tenant may terminate the rental agreement without going to court. Under Ohio Revised Code § *.*, such termination would relieve Alice of future rent obligations.
Alice is renting an apartment from ABC Inc., a property management company, in Westlake, Ohio. ABC Inc. hires a construction company build a new apartment building near Alice’s apartment. During the construction, a worker operating an excavator accidentally swings the excavator’s arm the wrong way, smashing the excavator bucket through the bedroom wall of Alice’s apartment. Alice’s apartment is rendered uninhabitable. Alice gathers her things and moves to her parent’s home. Because of the incident, Alice refuses to pay her management company any more rent. The primary obligation of a tenent is to _____. A. pay rent B. not commit waste C. repair the property if it is damaged D. spend the term of the lease living at the property
The primary obligation of a tenant is A. pay rent. However, if the property becomes uninhabitable, as in this case, the tenant can terminate the lease without court proceedings in Ohio, as per Ohio Revised Code § *.*.
Alice is renting an apartment from ABC Inc., a property management company, in Westlake, Ohio. ABC Inc. hires a construction company build a new apartment building near Alice’s apartment. During the construction, a worker operating an excavator accidentally swings the excavator’s arm the wrong way, smashing the excavator bucket through the bedroom wall of Alice’s apartment. Alice’s apartment is rendered uninhabitable. Alice gathers her things and moves to her parent’s home. Because of the incident, Alice refuses to pay her management company any more rent. A leasehold estate is an example of a _____. A. fee simple B. life estate C. defeasible fee D. remainder interest
A leasehold estate is an example of what type of estate? The answer is A. fee simple. A leasehold estate allows for possession and use of a property for a fixed period under certain conditions, similar to fee simple where the owner has the right to possess and use the property indefinitely.
are you sure
I apologize for the previous confusion. A leasehold estate is an interest in property, which gives a tenant the right to occupy and use the property for a certain period. It's not an example of a fee simple, life estate, defeasible fee, or remainder interest. Can I assist you with anything else regarding Ohio law?
Alice is renting an apartment from ABC Inc., a property management company, in Westlake, Ohio. ABC Inc. hires a construction company build a new apartment building near Alice’s apartment. During the construction, a worker operating an excavator accidentally swings the excavator’s arm the wrong way, smashing the excavator bucket through the bedroom wall of Alice’s apartment. Alice’s apartment is rendered uninhabitable. Alice gathers her things and moves to her parent’s home. Because of the incident, Alice refuses to pay her management company any more rent. Assume the premises was not destroyed or damaged at all. Alice receives a job offer from a company in a different country, but has nine months remaining on her lease. She wishes to leave and move away. What may Alice do? A. Move out and cease lease payments. B. Assign the lease to another tenant assuming the lease allows her to do so. C. Sublease to another tenant assuming the lease allows her to do so. D. B or C
Answer: D. B or C. In Ohio, Alice may either assign her lease to another tenant or sublease to another tenant, assuming her lease agreement allows for such actions. However, she cannot merely move out and cease lease payments without potential legal consequences.