Hamilton, OH asked in Landlord - Tenant for Ohio

Q: My landlord says our fence isn't his obligation. Lease doesn't say it's not part of "premises". Refusing to repair. Help

Rented our home 4 years ago w a fenced in yard for our dog. Never had a late rent payment in fact installed a $3500 step in shower at our own expense. He refuses to fix our fence saying it is our responsibilty "read the lease". The lease does not it say this. It is part of the premises! He's refused to make any repairs in 4 years of any kind, but my Dad was on home hospice we couldn't move. Mom is in deep mourning I can't ask her to move. I need to sign a new lease today. I'm very nervous!

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

A: If you and landlord cannot resolve it, then you can choose not to sign the lease today and continue to negotiate - risking that landlord won't sign it and will make you leave, or sign the lease and fix the fence yourself. If you sign the lease, you could start paying your rent on time each month into escrow with the local court after giving landlord written notice of the fence problem, and the court will schedule a hearing to determine if landlord has any responsibility to fix the fence. Check your local court web site for the rent escrow process.

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