Transcript “Ask The Expert” Independent Rental Owners` Course

What Every Landlord
Should Know…
Landlord-Tenant Issues
Ruben E. Pope III
Cleveland Housing Court Magistrate
Synopsis of Course
Landlord’s Duties and Responsibilities
 Tenant’s Duties and Responsibilities
 Eviction Procedures
 Screening Tenants
 Nuisance Rules and Regulations
 Criminal Rules

Are you sure you want
to be a Landlord?
Definition of a Landlord


A person or organization that owns and leases
apartments to others. With this contract the one
party, which has superior title to the property,
i.e. The Landlord, grants possession and use of
it for a limited period to the other party, i.e. The
Tenant.
The landlord may not be the actual owner of the
property, but keeping in some way the right to
lease.
What Every Landlord Should Know
Rental applications
 Background checks
 Felony checks
 Prior Evictions
 Helpful Hints

Rental Application
Necessity of the application
 What the application should include

Names
 Dates of birth
 Social Security numbers
 Previous residences

The Rental Application

Specific Application Questions
Have you ever been arrested on a felony?
 Have you ever been convicted of a felony?
 Have you ever been filed upon for eviction?
 Have you ever been evicted?
 Have you ever been convicted of a
DUI or disorderly conduct?
 Have you ever been convicted of a
drug-related crime?

Landlord Duties R.C.§5321.04

The Landlord must:
 Make repairs to keep the building fit and
livable;
 Keep the premises safe and sanitary by
obeying local Housing and Safety Codes;
 Keep the hallways, stairs and other common
areas safe and clean;
 Keep all electrical, plumbing, heating and
ventilation systems and fixtures in good
working order;
Landlord Duties R.C.§5321.04
Keep appliances, supplied by the Landlord, in safe
working order;
 Supply running water and reasonable amounts of
hot water and heat*;
 Supply garbage cans and arrange for pick-up , if
there are four or more units in the building;
 Must enter a tenant’s unit only at a reasonable
time after giving 24-hour notice;

Tenant Duties R.C.§5321.05

The Tenant must:
Pay the rent on time;
 Keep the premises safe and sanitary;
 Dispose of rubbish and garbage in a proper
manner;
 Keep the plumbing fixtures as clean as their
condition permits;
 Use electrical and plumbing fixtures properly;
 Not damage the premises;

Tenant Duties R.C.§5321.05
Maintain landlord-supplied appliances in good
working order;
 Conduct themselves and require their guests to
conduct themselves in a manner that doesn’t
disturb the neighbors;
 Must permit the landlord to enter the dwelling
after reasonable notice;
 Notify the Landlord when there is a problem or if
something doesn’t work and it’s the Landlord’s
duty to fix it.

Rent Deposits R.C.§5321.07
What happens when a Landlord fails
to maintain his/her Property?
Rent Deposits R.C.§5321.07

Tenant must:
Notify the Landlord of the problem in writing
 Allow a reasonable time for the Landlord to
fix the problem.
 Be current with the rent

Rent Deposits R.C.§5321.07

If the Landlord does not fix the problem,
the Tenant may:


Deposit rent with the Clerk of Courts
Apply to the Court for an order to:



reduce the monthly rent
use the money deposited to fix the
property
Terminate the rental agreement
Rent Deposits R.C.§5321.09

Landlord remedies to a Tenant’s Rent
Depositing

Apply to the Clerk of Courts on the grounds
that the problem has been
remedied. (Tenant must sign
over the money)
Rent Deposits R.C.§5321.09

Apply to the Court for the release of the
funds on the ground that :


The tenant did not provide proper notice
No violation ever existed
Termination of Agreement
R.C.§5321.11
What happens if the Tenant fails to
fulfill his/her obligations?
Termination of Agreement
R.C.§5321.11

Landlord must:


Notify the Tenant of the problem in writing
Notify the Tenant that the agreement will
terminate as of a specific date (not less than
30 days)
Eviction Procedure R.C.§1923

Landlord must
serve a notice to
vacate the
premises at least
three (3) days
before filing a
Complaint in Court
Eviction Procedure R.C.§1923

The notice must contain the following
language in a conspicuous manner:

You are being asked to leave the
premises. If you do not leave, an
eviction action may be initiated against
you. If you are in doubt regarding your
legal rights and obligations as a tenant,
it is recommended that you seek legal
assistance.”
Eviction Procedure R.C.§1923


File a Complaint with the Court
Must prove case by a preponderance of
the Evidence through:


Testimony (Self/Witness)
Records (Receipt Book, Lease, etc.)
Eviction Procedure R.C.§1923

Tenant may present
any and all defenses
at the hearing
Security Deposits R.C.§5321.16
Security Deposits,
Interest and Forfeiture
Procedures
Definition R.C.§5321.01(E)
 Any Deposit of money
or property to secure
performance by the
Tenant under a Rental
Agreement
R.C.§5321.16(A)


INTEREST DUE IF:
Amount paid is in excess of
the greater of:
 $50.00
 One Month’s Rent and
Tenant in Possession
for more than six
months
Must be computed and
paid annually
ORC §5321.16(B)
 Upon Termination of
tenancy Security
Deposit may be:
 Applied to any Back
Rent owed
 Applied to any
Damages done to the
Property
Security Deposits

Landlord Must (should?):
Provide written notice:
 Itemization of any deduction from
Security Deposit
 Within thirty days after
 Termination of
tenancy and
 Delivery of Possession
of Property
Security Deposits

The Tenant must (should?)
provide the landlord with
written notice of a :
 Forwarding
Address
 New Address

Failure to provide disqualifies
the Tenant from receiving
double damages and Attorney
Fees
R.C.§5321.16(C)

Landlord fails to provide
written notice

Tenant may recover
Monies and Property due
 Damages in the amount
equal to the amount
wrongfully withheld
(Double Damages)
 Reasonable Attorney Fees

Leading Cases


Vardeman v. Llewellyn
(1985) 17 Ohio St. 3d
24, 476 N. E. 2d 1038,
17 O. B. R. 20
Smith v Padgett (1987)
32 Ohio St. 3d 344,
513 N. E. 2d 737
Vardeman v Llewellyn
(1985) 17 Ohio St. 3d 24

The amount
wrongfully withheld
includes only the
amount owing in
excess of the
deductions that could
have been taken.
Smith v. Padgett
(1987) 32 Ohio St. 3d 344

Landlord who wrongfully
withholds a portion of a
Tenant’s Security Deposit is
liable for damages equal to
twice the amount wrongfully
withheld and reasonable
Attorney Fees even if an
itemized list is provided.
Terms Barred From Leases
No lease change modifying R.C.5321
 No warrant of attorney
 No agreement to pay attorney’s fees
 No exculpation clause
 No escape from R.C.5321.04 Landlord
Duties
 No unconscionable agreements
 No Self-Help

Typical Landlord Problems
Surprise! The rest of the family moves in
 The destructive tenant
 The non-paying tenant
 The tenant who gets hurt
 The tenant who abandons property

Typical Landlord Problems

Surprise! The rest of
the family arrives
Typical Landlord Problems

The Destructive
Tenant
Typical Landlord Problems

The Non-Paying
Tenant
Typical Landlord Problems

The tenant who
gets hurt
Typical Landlord Problems

The tenant who
abandons
property
Questions & Answers
www.clevelandhousingcourt.org