Apartment and Rental Properties - All duplex tenants in cahoots over.....

...their beef that furnace was not fixed last year and someone had to manually reset it fairly often. Temp never dipped below say 60, before one of the 5? guy tenants, in the duplex, would catch it in the act, and reset it.

Now the new June 1 lease is upon them, and they will not sign lease nor pay. They demand the furnace get fixed. The out of town landlady, I am trying to help out, told them they have the option to leave, but they won't leave either.

What is the correct answer to this stalemate? Yes, the furnace should be fixed. But can the landlady say, "I tell you what. You (George) were inconvenienced by going down to the basement to reset the furnace 30 times last winter. So here, I'll give you $30 for your labor. Now sign the lease and pay up, or get out!"

She thinks some of the tenants are on hard times and are using this as an excuse to not have to pay ANYthing. And they know she lives 180 miles away. One tenant owes her for May also. And they snuck dogs into both units. BIG ones. And the lease from last year is the standard lease that says no pets. They claimed she never said they could NOT have one. But she claims that it is in the standard lease. So does she hold some kind of trump card to offset their charge about the furnace?

Or, do you cowtow to these guys and quickly get furnace guy over there and fix the problem?

It sounds like a no-brainer, right? That yes, you get the furnace guy over there? But can these guys just live here for free until it gets fixed, even though no heat is needed now?

Do you get the furnace fixed, and then demand they pay in full and sign the lease beginning with June 1?, and/or do you give them all some sort of price break for their inconvenience?

[She is to send me a copy of the lease, so I can see for myself what it says about pets, before I go over there to confront them.]

Start evicting today. If the lease says no pets, that's one reason. Lease is up, so that's reason 2. Not paying is reason 3.

That's my 2 cents. Man, people just piss me off when they pull that stuff.:mad:

That's my 2 cents. Man, people just piss me off when they pull that stuff.:mad:

You mean like, specifically, when you want your rent money, THEN they (tenants) come up with all the things wrong with the property, to use that against you, rather than pay or leave?

Do you think a judge would rule in favor of the tenants, regarding the issue of the gas furnace? Or, do you think the judge would say that the tenants could have opted out of their lease, instead? Or, do you think a judge would say that the tenants should not HAVE to opt out of the lease; that it is required by law that the furnace function properly, and order the landlady to fix it soon, and allow the tenants to live there free until it's fixed right, or, to at least allow them to not have to sign the lease and pay for June, until after the furnace is fixed?

Or do you think that the tenants could be tossed, based on the dog issue? I could see at least the one tenant getting into a back and forth with the landlady, in front of a judge or moderator, that the landlady knew of the dog.

This is why I need to find out more about what is going on and want to see the lease before I go over to the rental on her behalf, acting like Mr. Big.

Or would the dog issue be treated as an entire seperate issue?

Hopefully one of the leagle beagles or landlords will offer up more info. You never know what a judge will do, since they're not required to use common sense, or even judgment sometimes.

Seems they should've not paid when it was cold, not now, if they wanted to use the furnace as an excuse. On the other hand, if the landlord knew of the dog for a long time, she may be able to use that for not re-newing the lease, but not for eviction. But maybe not.

If you and the landlady are in the rental business, then you need to know your state's landlord tenant laws. You can likely find those on the internet. These explain the rights and responsibilities of landlords and tenants.

If you are going to help out, then it would be a good thing to read a copy of one of the landlady's standard leases. This is not necessary, but it may help in communicating with tenants.

Landlord must make repairs to keep the building fit and habitable. Keep in good working order all electrical, plumbing, heating, and ventilation systems and fixtures.

Ohio law re: repairs: If the landlord does not meet his/her duties under the law or local codes, or the rental agreement, a tenant may give the landlord a written notice of the conditions which need to be corrected. This notice must be delivered to the person or place where the tenant normally pays rent. The tenant should keep a copy.

If the landlord fails to remedy conditions that are required by the Landlord Tenant Law, the rental agreement or the local building, housing, health and safety codes within a reasonable time, not to exceed 30 days, then the tenant may:
1. deposit the rent with the court; or
2. request the court to order the repairs to be made; or
3. terminate the rental agreement.

A landlord may apply to the court for a release of rent on the grounds that the condition did not exist or has been corrected, that the tenant failed to follow the proper procedure in depositing rent with the Clerk of Courts, or that the landlord needs the rent to make the repairs or pay critical bills. The tenants have the opportunity to dispute the landlord's application for release at a court hearing.

A tenant who simply refuses to pay rent because of bad conditions may be subject to eviction.

The furnace should have been fixed last year! Tenants should be frustrated.

Tenants refuse to sign lease, refuse to leave, refuse to pay rent. You can explain to tenants that they are breaking the law and that eviction notices will be served and that they will have to go to court. (You MUST go through the court to legally evict.)

Eviction in Ohio:

To bring an eviction action, the landlord must first serve the tenant with a three (3) day notice to vacate. This notice must set forth the reason for the demand to vacate and also notify the tenant that:
"You are being asked to leave the premises. If you do not leave, an eviction 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."
The three(3) day period, for purposes of this notice, does NOT INCLUDE the day upon which the notice is given or intervening Saturdays, Sunday or holidays. After the three (3) days pass, on the following day, the landlord may file the complaint for forcible entry and detainer in the Court. (There will be filing fees.) A hearing will be scheduled approximately two (2) weeks after the day on which the case is filed. This first hearing will determine the landlord's right to regain control of the premises. The landlord should prepare by bringing copies of all notices, the written rental agreement and other documents that may be relevant to the case. If the court grants the eviction, the landlord may then ask the court to issue a Writ of Restitution. This authorizes the court to send a bailiff out to the property to remove the tenant and their belongings from the unit. The bailiff will witness the changing of the locks on the unit and will inventory any tenant belongings left behind. The landlord cannot hold the tenant's belongings in lieu of rent. The court recommends that the landlord provide for storage of the property in a garage, attic or through a storage company for a reasonable length of time. (Generally thirty days.)

"Can the landlady say, "I tell you what. You (George) were inconvenienced by going down to the basement to reset the furnace 30 times last winter. So here, I'll give you $30 for your labor. Now sign the lease and pay up, or get out!" No. Explain to George that if he does not pay the rent that he will be served a three-day notice to evict. George may decide to suck it up and pay up. If not, then explain that eviction will be pursued in the court.

"She thinks some of the tenants are on hard times and are using this as an excuse to not have to pay ANYthing." Hard times or not, tenants have the responsibility to pay the rent and to pay it on time. It makes no difference if the landlady lives 180 or 1800 miles away.

Failure to pay rent is grounds for eviction. If the lease specifically says no dogs, then it's grounds for eviction. Explain this to the tenants and tell them this is in the rental agreement they signed.

Landlady's trump card? Her lease. Even though she did not repair the furnace as she should have, the tenants failed to abide by the state's landlord tenant law. Written notice to the landlady re: the need for repairs, deposit rent with the court, request the court to force the repairs, or terminate the rental agreement on the grounds of the landlady's failure to make repairs. Explain to tenants that there is a rightful and legal way for tenants to force landlords to make repairs and that withholding rent is illegal and grounds for eviction.

The tenants have broken the rental agreement and have broken the landlord tenant laws. Explain that they will be served a 3-day eviction notice and eviction will be pursued through the court.

You do not kowtow. Tenants are breaking the law. You follow the landlord tenant law, serve notice of eviction, and go through the court for eviction. And, get the furnace repairman over PDQ. Setting the reset button may have been an inconvenience, but tenants were not without heat.

Tenants can not live there for free. Rent is due and payable. Serve the eviction notice ASAP if tenants do not pay.

If you feel that there may be a risk going to confront the tenants alone, then take an officer of the law along with you. Even if you do not fear for your safety, take someone with you as a witness.

twelvepole,

Thank you, thank you. Excellent hard work you put forth in your excellent reply!!!

Doggone printer here is out, or I'd print it! I may write lots of it down long hand. I am sure many members on this board are going to enjoy reading this excellent, knowlegeable response!

........................

I just learned that I can e-mail it to myself and go to the library and print it off there!

Find your state's landlord tenant laws and print those out. And, while you are at it, educate the landlady about the state laws and her responsibilities.

Review her standard contract. If she needs to update it, staying within the landlord tenant law, to protect her rights as a landlord, then make some suggestions. There are sample contracts for your state that can be found on line. Of course, it's always good to have an attorney that is knowledgeable of the landlord tenant law to review the contract.

I don't know why the landlady did not fix the furnace last year as she should. She may have decided that as long as it works with tenants hitting the reset button, they have heat. Unfortunately, her failure to get the furnace repaired has come back to bite her. One service call could have saved all this trouble. It is the landlady's responsibility to keep the furnace in good repair just as it is the responsibility of the tenants to pay the rent and not have dogs per the rental agreement.

Find your state's landlord tenant laws and print those out. And, while you are at it, educate the landlady about the state laws and her responsibilities.

Review her standard contract. If she needs to update it, staying within the landlord tenant law, to protect her rights as a landlord, then make some suggestions. There are sample contracts for your state that can be found on line. Of course, it's always good to have an attorney that is knowledgeable of the landlord tenant law to review the contract.

I don't know why the landlady did not fix the furnace last year as she should. She may have decided that as long as it works with tenants hitting the reset button, they have heat. Unfortunately, her failure to get the furnace repaired has come back to bite her. One service call could have saved all this trouble. It is the landlady's responsibility to keep the furnace in good repair just as it is the responsibility of the tenants to pay the rent and not have dogs per the rental agreement.

I just got back from the library after running the prints.

Regarding the furnace - (cough) - I'm a little guilty here, as she was relying on my advice, and druming up someone, hopefully reasonable. The furnace is an old dinosauer converted from oil and has 3 control boxes, and so I met an actual furnace guy there and he was not sure at the time which of the 3 boxes was faulty. He said he needed me to catch something in the act to find out if a certain motor was running. I did. But at the time he would have come back to work on it, I found out that his wife may be dying of cancer and so I put it off til time sort of played out some. Then, now that it is warm out, I felt time is not of the essence right now, anyway. But, as stated, the guys are all using this as reason to not sign the lease and pay. {He is the furnace guy several landlords I work for use ,(when I do not fix the problem outright myself, which I usually do, but this one is an old beast with expensive parts/perhaps hard to get that only licensed guy can get) and are used to him, his work, his honesty, etc.}

I'm sure that your Ohio laws that I printed out are close enough that when I, and/or the landlady explains this, it will scare them enough. They are college guys. Not seasoned real estate experts. What you said seems to make too much logical sense to not apply almost everywhere.

What state are you in?

LOL! College guys! You might want to add to your conversation that the college will be notified. Colleges tend to get pretty bent out of shape when they learn that students have violated federal, state, or local laws. That will also get their attention.