I have a question, maybe for PM and not the board?

http://www.ci.lakewood.oh.us/law_tenantlaw.html

 

Does this help at all? I know you probably already did some online research.

I have a question, maybe for PM and not the board?

 

What's your question?

Don't know what your issue is, but I have two things to say based on my own landlord conflict

 

1) "Warranty of habitability", is a beautiful thing

2) If you want to withhold rents, make sure you continue to make your payments into an escrow account with the court of jurisdiction. Otherwise, said landlord can evict pretty easily.

 

Other than that, I've got nothing.

Have you checked out Cleveland Tenants Organization, www.clevelandtenants.org ?  You can speak with one of their staff via phone for no fee.

 

 

Another good tip I know is: 

 

When you move out, assuming you give the LL forwarding contact info, the LL has 30 days to provide written accounting for any deductions from the security deposit.  If you do not receive this in 30 days, you are entitled to be refunded the entire deposit. 

 

I have never had to use this law, but I think it is great to know.

sorry for not responding here, I found a couple of other sources.

 

Basically at issue is the fact that there are so many animals around our apartment building (the back of our building borders a large woods) that they are causing major damage to my spouse's car.  Last year he had to remove all the protective insulation under the hood between the metal of the hood and the engine because chipmunks were getting in there and taking it for their nests.  Then they chewed through his windshield washers.  Two days ago he went out and his car wouldn't start as they chewed through the starter wire.  When he opened the hood with the AAA guy who came to tow him there was literally a giant raccoon sitting on top of the engine.

 

My car is in a carport away from the animals.  While not garages, they are away from the woods and no animals frequent them.  But the management refuses to issue another carport for us - 1 per unit, no exceptions, even though there are literally HUNDREDS that go empty every night. They also refuse to make people use the carports who are alloted those spaces.  Basically, the carports are a little bit further away from the building itself (and away from the animals) just parking in front of the building, and people are lazy so they just park in front of the building.

 

With this latest $300 repair I wanted to know if I have legal recourse to make them give us a carport if there is one available to prevent further damage to the car, but the couple of sources I've heard back from say that there probably isn't any legal grounds for that, and the best we could do is file a claim with the car insurance ($500 deductible, so no point). 

 

If any of you think differently, let me know.  But I guess we'll just have to live with this problem as long as we're here.

There is nothing you can do.  A contract is a contract.

Hayward, with all due respect, I'm guessing you're not an attorney. 

Hayward, with all due respect, I'm guessing you're not an attorney. 

 

..........let alone an attorney, with license to practice in Ohio.

I figured that out already.  I don't know any attorney with his or her salt that would say "a contract is a contract."  :-D

Alright no need to gang up on Ian!

Well, it's pretty simple.  You sign a contract, and you abide by it.  If you can only receive ONE enclosed parking space, then that's what you get.  That's the legal side

 

There are many other approaches you can take.  For example, are any other tenants experiencing the same problems?  If so, perhaps a bunch of you can approach the landlord and request to use unoccupied carport slots, maybe even pay for them.  Strength in numbers.

 

I'm sorry, the idea of threatening legal action against a landlord for the fact that wildlife on adjacent property is affecting your vehicle seems ridiculous.  If this held true, I could sue my landlord for rust on my car, because the snow just keeps coming down and we are only allowed one garage space.

 

I may not be an attorney.  But I've read through a lot of tenant's rights manuals.  Believe me, my rental house got foreclosed

 

I know it seems unfair, but that's life. 

I suggest a pellet gun.

That's a great idea. My grandpa has cages he uses to capture those dirty rodents. If you don't want to handle them just make your spouse deal with it. It's not a puppy! It's a dirty rodent and they're inherently evil! My old apartment building had them and I think it was always the same 5-7 possums and raccoons causing trouble.

Well, it's pretty simple.  You sign a contract, and you abide by it.  If you can only receive ONE enclosed parking space, then that's what you get.  That's the legal side

 

There are many other approaches you can take.  For example, are any other tenants experiencing the same problems?  If so, perhaps a bunch of you can approach the landlord and request to use unoccupied carport slots, maybe even pay for them.  Strength in numbers.

 

I'm sorry, the idea of threatening legal action against a landlord for the fact that wildlife on adjacent property is affecting your vehicle seems ridiculous.  If this held true, I could sue my landlord for rust on my car, because the snow just keeps coming down and we are only allowed one garage space.

 

I may not be an attorney.  But I've read through a lot of tenant's rights manuals.  Believe me, my rental house got foreclosed

 

I know it seems unfair, but that's life. 

 

Perhaps you misunderstood what I meant by legal action.  I simply meant some kind of legal right to make them provide us a place to park that wouldn't cost us hundreds of dollars each year in repairs due to the animals, e.g. a carport.  If the answer is no, that's fine.  It just seems a complete waste of my money to keep having to repair the car simply because they won't give us another carport when there are hundreds that sit empty and unused every night.  I understand "that's just the way it is," I just wanted to know if there was another option.

That's such an @sshole move on their part, regardless of law. It's a simple thing they could do to be accommidating and keep a good renter. I already lost faith in humanity a few months ago.

I don't really think they're being a-holes, I just think they should think outside of the box if they're truly interested in keeping a long-time renter who has never caused any problems in the building and who pays their rent on time every month.  What would it hurt them to say, "Ok, space X is open right now but if someone rents it, we'll let you know and you'll have to vacate it."  It seriously wouldn't hurt them at all.

Hayward, there's no need to get so overly defensive. There's also no need to come off like a cynical know-it-all. I'm sure you're probably more aware of some legal rights afforded to tenants because of what you've gone through. However, when someone posts a question like this - there's nothing wrong with offering your input but a curt and disingenuous remark like "there's nothing you can do", what do you expect? Reading lots of manuals is admirable, but that really doesn't compare to someone's 14+ years of working in the field, including the resolution of landlord/tenant disputes. That's where I got the following feedback:

 

The short version is that this falls into a gray area of where the management company's responsibility ends. Yes, rockandroller *could* conceivably have an argument here. However, she'd need to spend the time and effort compiling all the relevant info, preparing it etc. and then hope that whoever presided over the case would be sympathetic. She could also threaten to contact the City about the vermin/nuisance problem and most property management companies don't respond well to that. However that would possibly create a tension between rockandroller and the management. Management would likely provide all the evidence that they've made reasonable attempts to mitigate the problem, and also be able to claim "act of nature" and thus not directly their responsibility. Finally, they'd likely point to the contract and the 1-carport stipulation. It would be a long and drawn out process, take a substantial amount of time, and even after that, there are a few too many things pointing in the management company's favor. The best approach would be looking into subletting a carport, and if that's not an option - finding a parking spot away from the area, though that will obviously create inconvenience.

I suggest a pellet gun.

 

Thats what my Dad has.  Living close to the Shaker Lakes and Cleveland Heights parks system we get wild animals constantly.  Groundhogs/woodchuck, chipmunks, squirrels, rabbits, skunks and those evil Raccoons.  Raccoons mate on top of our garage and are always swimming in the pools of the neighbors.  However, none of the above is worst than the Canadian geese.

 

I wonder if RNR can go above building management and see help?  Who is the owner?

I suggest a pellet gun.

 

Thats what my Dad has.  Living close to the Shaker Lakes and Cleveland Heights parks system we get wild animals constantly.  Groundhogs/woodchuck, chipmunks, squirrels, rabbits, skunks and those evil Raccoons.  Raccoons mate on top of our garage and are always swimming in the pools of the neighbors.  However, none of the above is worst than the Canadian geese.

 

I wonder if RNR can go above building management and see help?  Who is the owner?

 

 

We have two super soakers and have dumped a bunch of cayenne pepper into the water (the water alone doesn't deter them) because on hot summer nights when the patio is open and the racoons come and stand and PUSH on the screen door, it's a little unsettling.  We've been doing that long enough that many of them actually walk right around our patio instead of across it but there are (obviously) new animals every year.  But that's the back of the building and the cars are in the front.  We'd have to sit outside "guarding" the car all night to achieve the same effect there.

 

Thanks to those of you who were helpful and nice in offering your feedback.

Can the city bring traps?  In Shaker Square, Cleveland Hts. or Shaker Hts. (I think the three systems coordinate issues) they bring traps and continue to monitor the situation.

building management claims there is trapping done already but it sounded like the building might be doing it instead of the city as when I called in my complaint they said something about, "I'll tell X he might need to buy more traps" or something.  But I have never seen any traps around or anyone with traps. 

 

Maybe we should set up some traps around our car :)

Sorry, I came off hard on my comment rockandroller.  I've realized I've been a bit of a pretentious asshole lately.

 

Maybe we should set up some traps around our car :)

 

LOL

That would make a strong visual statement, if nothing else.

I would try calling the city and metro parks and see if they can help.  I would also see if the neighbors in adjacent units are having the same issues.  There is strength in numbers.

Sorry, I came off hard on my comment rockandroller.  I've realized I've been a bit of a pretentious asshole lately.

 

s'ok.  No big.

I was joking about the pellet gun, but have you tried looking into wildlife deterents of any sort?  Perhaps management would be more likely to assist with buying or installing that than they would be to give you a second carport.

 

edit: I see you've tried cayenne in a supersoaker, but I'm talking more about something continuous like an ultrasonic noise emitter or some sort of chemical deterent.

I would try calling the city and metro parks and see if they can help.  I would also see if the neighbors in adjacent units are having the same issues.  There is strength in numbers.

 

Unfortunately, our next door neighbors are the biggest offenders in causing this problem.  Last year when management posted the THIRD sign, very strongly worded, about not feeding the animals and the dangers that raccoons can bring the guy next door tore the sign down and drove to the office and threw a fit, insisting they are his "pets" and he had "no intention" of stopping feeding them.  I heard some of this in the hallway and some through a subsequent call to the lady who answers the phone in maintenance.  I know the neighbors next to them agree with him as I've heard them talking about it in the hall.  The other ground floor neighbor is a little bizarre and is really rarely home.  She has 3 or 4 kids who sometimes leave the door to their apartment wide open all day long when she's not home (she leaves them alone). 

 

I'm afraid if I pass out some kind of flyer under people's doors someone will bring it to the hostile elderly folks next door and that will start a neighbor war.  We complained about them so many times they finally ratted us out to the mgmt that we had a cat after we'd been here for 2 years, and now we have to pay an additional $25 a month in "pet rent" because of it.  I don't want to get their Irish up any more.

Sounds like a soap opera in the making.

Sounds like a soap opera in the making.

 

That's my whole life :)

I don't want to get their Irish up any more.

 

Maybe you know some Italians who could make the owners an offer they can't refuse?  :wink2:

I don't want to get their Irish up any more.

 

Maybe you know some Italians who could make the owners an offer they can't refuse?  :wink2:

 

LOL.  I used to, but alas those days are gone.

Sounds like a soap opera in the making.

 

That's my whole life :)

 

Sweetie, is it possible you live in Fernwood, Ohio?  LOL

I mentioned warranty of habitability. It's an implied legal contract between the landlord and tenant, essentially saying that the apartment and surrounding common areas are fit and habitable, and will continue to be so for the duration of the lease. This link breaks it down to its simplest essence.

 

http://www.legalmatch.com/law-library/article/implied-warranty-of-habitability-lawyers.html

 

I went through a similiar situation back when I was renting (it was the impetus that drove me to buy my house), where we had a bug infestation. I used it to put my rent in escrow for the two months it took me to find, buy and close on the house I live in now (I was a VERY motivated buyer).

 

The wrap up is that Mayday's synopsis is absolutely correct. I was lucky enough to have a close friend who was an attorney lend me his letterhead, and proof my correspondence free of charge (I did most of the research, and letter writing to management, he just signed). But even with an attorney representing me, we basically got out of only one month's rent from the lease, and it was a PITA to deal with (at that point, I wasn't even looking for monetary returns, I just wanted my pound of flesh).

 

A couple things you might be able to try, however, are 1) putting the rent into an escrow just to get mgmt's attention...it may motivate them to step up the extermination attempts and/or eliminate the problem tenant, or 2) hire your own exterminator to put traps around your parking spot, and net the fees out of the rent. Again, you have to do this through the clerk of courts, and put the money in escrow, otherwise the landlord can evict you for lack of performance.

 

Ultimately, legal action in these instances is very messy, and the law, unfortunately is skewed in favor of the landlord except in egregious cases.

Thank you.  I don't think it's worth putting my rent into escrow because in a way it's not their fault; it's nature, and the nature of living in this particular building since we are so close to the woods.  If we really wanted to, we could probably get them to move us to another suite but ironically the woods is one of the best parts of living in this particular suite.  I just wish they would do more in terms of trapping and animal control in the front of the building where we are forced to park.  I understand you can't trap an entire woods full of animals.

 

I don't really know what the solution is.  If this was my home instead of an apartment, I'd probably buy like 50 different kinds of animal traps and surround my parking space with them, but it's not.

 

 

Did you know that if you pay a deposit, you a.) have to get the money back within thirty days of when the lease ends. b.) You have to have a detailed description of why they took a portion of it, and c.) it can't be for normal wear and tear from everyday living.

 

I paid a 500 dollar deposit when I lived in a dorm last year. They gave me 80 bucks back, which they sent me 5 months after the lease ended. They gave me no description of what I did to damage the place.

 

My current landlord has entered my house without permission, several times. I'd walk upstairs and see him in my house. He's new to being a landlord and I honestly don't have a problem with it but it's good to know these things. My room mate told him I'm staying here next year when he called a few weeks ago about whether or not we want to renew a lease but I haven't signed a lease yet and I decided I'm moving near OSU. If he gives me any sh!t about me leaving, he's gonna regret it.

off topic, but get this.  I'm subleasing to my landlord right now.  Weird.

 

He writes me a check, and I write him one back

call this number for free advice (ohio only)

 

The tennant information project, University of Cincinnati: 513-556-0053

^are they going to give me advice on how you sue UCincinnati? Because they were my irresponsible landlord ;)