Barberton, OH asked in Landlord - Tenant for Ohio

Q: I'm disabled and my landlord rented to tenants to problem tenants

He knew ahead of time about their previous drug use yet rented to them. In the short period of time they have been here (10days) they have had numerous drug deals in the driveway, continual partying and stomping around. I've tried talking to the new tenants to express that this isnt tolerable, especially since we have his kids every other weekend. I don't feel safe and we don't want to lose visitation because of the druggies that moved in. He told my fiancé to let him know if drug deals were going on so we have, however after making him aware of the whole situation (like he wanted) he has done nothing. Do I have a legitimate case to sue him and reasonably good chance to win if so?

Related Topics:
1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Landlord Tenant Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Ohio Revised Code 5321-05 requires landlord to evict tenants conducing illegal drug activity: If the landlord has actual knowledge of, or has reasonable cause to believe that, the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in drug activity, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of an act that would be a violation of drug laws, then the landlord promptly shall give the tenant notice to vacate. If the tenant fails to vacate the premises within three days after the giving of that notice, then the landlord promptly shall take action to remove the tenant. So, send landlord a notice of the problem, and if he doesn't take action to evict, deposit your rent into escrow with the court and ask the court to terminate your lease.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.