What Every Landlord Should Know

1
What Every Landlord Should Know

• Landlord-Tenant Issues
• Ruben E. Pope III
• Cleveland Housing Court Magistrate

2
Synopsis of Course

• Landlords Duties and Responsibilities
• Tenants Duties and Responsibilities
• Eviction Procedures
• Screening Tenants
• Nuisance Rules and Regulations
• Criminal Rules

3
Are you sure you want to be a Landlord?
4
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.

5
What Every Landlord Should Know

• Rental applications
• Background checks
• Felony checks
• Prior Evictions
• Helpful Hints

6
Rental Application

• Necessity of the application
• What the application should include
• Names
• Dates of birth
• Social Security numbers
• Previous residences

7
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?

8
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

9
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 tenants unit only at a reasonable
  time after giving 24-hour notice

10
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

11
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 doesnt
  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 doesnt work and its the Landlords
  duty to fix it.

12
Rent Deposits R.C.5321.07

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

13
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

14
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

15
Rent Deposits R.C.5321.09

• Landlord remedies to a Tenants Rent Depositing
• Apply to the Clerk of Courts on the grounds
  that the problem has been remedied. (Tenant
  must sign over the money)

16
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

17
Termination of Agreement R.C.5321.11

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

18
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)

19
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

20
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.

21
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.)

22
Eviction Procedure R.C.1923

• Tenant may present any and all defenses at the
  hearing

23
Security Deposits R.C.5321.16

• Security Deposits,
• Interest and Forfeiture
• Procedures

24
Definition R.C.5321.01(E)

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

25
R.C.5321.16(A)

• INTEREST DUE IF
• Amount paid is in excess of the greater of
• 50.00
• One Months Rent and Tenant in Possession for
  more than six months
• Must be computed and paid annually

26
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

27
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

28
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

29
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

30
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

31
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.

32
Smith v. Padgett(1987) 32 Ohio St. 3d 344

• Landlord who wrongfully withholds a portion of a
  Tenants Security Deposit is liable for damages
  equal to twice the amount wrongfully withheld and
  reasonable Attorney Fees even if an itemized list
  is provided.

33
Terms Barred From Leases

• No lease change modifying R.C.5321
• No warrant of attorney
• No agreement to pay attorneys fees
• No exculpation clause
• No escape from R.C.5321.04 Landlord Duties
• No unconscionable agreements
• No Self-Help

34
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

35
Typical Landlord Problems

• Surprise! The rest of the family arrives

36
Typical Landlord Problems

• The Destructive Tenant

37
Typical Landlord Problems

• The Non-Paying Tenant

38
Typical Landlord Problems

• The tenant who gets hurt

39
Typical Landlord Problems

• The tenant who abandons property

40
Questions Answers
www.clevelandhousingcourt.org