What Every Landlord Should Know… Landlord-Tenant Issues Ruben E. Pope III Cleveland Housing Court...

What Every Landlord What Every Landlord Should Know…Should Know…

Landlord-Tenant Issues

Ruben E. Pope IIICleveland Housing Court Magistrate

Synopsis of CourseSynopsis 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 Are you sure you want to be a Landlord?to be a Landlord?

Definition of a LandlordDefinition 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 KnowWhat Every Landlord Should Know

Rental applications Background checks Felony checks Prior Evictions Helpful Hints

Rental ApplicationRental Application

Necessity of the application What the application should include

Names Dates of birth Social Security numbers Previous residences

The Rental ApplicationThe 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.Landlord Duties R.C.§5321.04§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.Landlord Duties R.C.§5321.04§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.Tenant Duties R.C.§5321.05§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.Tenant Duties R.C.§5321.05§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.Rent Deposits R.C.§5321.07§5321.07

What happens when a Landlord fails to maintain his/her Property?


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


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


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)


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 Termination of Agreement R.C.R.C.§5321.11§5321.11

What happens if the Tenant fails to fulfill his/her obligations?

Termination of Agreement Termination of Agreement R.C.R.C.§5321.11§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.Eviction Procedure R.C.§1923§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.Eviction Procedure R.C.§1923§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.§1923Eviction 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.§1923Eviction Procedure R.C.§1923

Tenant may present any and all defenses at the hearing

Security Deposits R.C.Security Deposits R.C.§5321.16§5321.16

Security Deposits,Interest and Forfeiture

Procedures

Definition R.C.Definition R.C.§5321.01(E)§5321.01(E)

Any Deposit of money or property to secure performance by the Tenant under a Rental Agreement

R.C.R.C.§5321.16(A)§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 ORC §§5321.16(B)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 DepositsSecurity 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 DepositsSecurity 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.R.C.§5321.16(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 CasesLeading 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 LlewellynVardeman v Llewellyn(1985) 17 Ohio St. 3d 24(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. PadgettSmith v. Padgett(1987) 32 Ohio St. 3d 344(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 LeasesTerms 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 ProblemsTypical 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


Surprise! The rest of the family arrives


The Destructive Tenant


The Non-Paying Tenant


The tenant who gets hurt


The tenant who abandons property

Questions & AnswersQuestions & Answers

www.clevelandhousingcourt.orgwww.clevelandhousingcourt.org

What Every Landlord Should Know… Landlord-Tenant Issues Ruben E. Pope III Cleveland Housing Court...

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