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We have lived in our apartment since September 2019 and we have been dealing with an ongoing leak from the upstairs bathtub since November of 2019. We have let our apartment manager know everything going on every step of the way and asked maintenance to look behind the wall because we have evidence of water going behind the wall and he did not check, that was in February or March. Now I think there is black mold growing on our bathroom ceiling but I'm not sure how to identify molds. I would just like to know what my options are from here.
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Family Law Attorney serving South Euclid, OH
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N.P. Weiss Law
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Your best bet is to deposit your rent with the court until the landlord makes the necessary repairs. Under Ohio law, you cannot withhold rent for defects, but you CAN put them on notice (which you did) of the defect and give them thirty days to repair it. If they don't repair it within that time period, you can deposit your rent monthly to the courts rather to the landlord. The landlord then has to petition the court to retrieve teh money with proof that they actually remedied the issue. The court can also withold some of the money for breaching your right to quiet enjoyment of the premises due to the water leak from teh upstairse bathroom.
Answered on Apr 13th, 2020 at 6:09 AM