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Can I give a landlord a Termination letter as per Ohio Revised Code after they have made some repairs?
Anonymous2 views1 answers
It took my landlord 2 months to replace lock on window after break-in. Took more than a month to fix leak above ceiling, and they still have not fixed a loose stair railing after several months. I gave them a Termination of Lease letter stating that taking two months to replace a broken lock is not "replacing it in a reasonable time span". In this letter I note at least 4 violations of Ohio Revised Code. The landlord's response is that because they have fixed the lock, that I do not have a case, and that the other issues are not serious enough for a termination of the lease. Do I have a case against the landlord even though they finally fixed the lock? There have been more problems and the repair time has been getting worse, so I can show that this is not a one time thing. THANKS!!!
A landlord's maintenance and repair obligations are governed by the lease and by statute. Statutory obligations are contained here: http://codes.ohio.gov/orc/5321.04. A tenant's remedies for landlord's failure to fulfill those obligations are contained here: http://codes.ohio.gov/orc/5321.07.
In general, if a landlord has not complied with the obligations of 5321.04, the tenant should give the landlord written notice (with proof of delivery) of such failures and allow the landlord a reasonable time period to remedy the problems (see 5321.07(A) & (B)). What is reasonable depends on the nature of the issue - if the issue is an imminent serious threat to health or safety, reasonable might be a few days. Otherwise, reasonable is probably 30 days. If the landlord fails to remedy the condition(s) within that reasonable time frame, the tenant may have some remedies such as terminating the lease. HOWEVER, the ability to terminate the lease is predicated on several things - that written notice must be given; the need for maintenance or repair must still exist at the time of termination (i.e. the problem cannot have been fixed); and the item at issue cannot be a trivial one (i.e. the tenant cannot terminate for smaller issues). There are also exceptions to the applicability of 5321.07 so it may not even apply to your particular situation.
It is impossible to obtain all the facts in a one paragraph description of a problem, so I cannot give you a definitive answer to your question. Please note that terminating a lease before the end of its term may have serious consequences if it isn't done properly and in accordance with statute. I would highly recommend that you seek a consultation with a local landlord/tenant attorney to guide you through this situation. You can search for one on or contact your local bar association for a referral. Many attorneys offer free initial consultations. I hope this was helpful, and best of luck to you.
