Landlord Information Seminar

Transcription

1 September 13, 2016 Landlord Information Seminar City of Lakewood

2 Welcome Michael P. Summers Mayor, City of Lakewood Landlord Information Seminar

3 Landlord/Tenant Rights and Obligations Hon. Patrick Carroll Judge, Lakewood Municipal Court Landlord Information Seminar

4 Landlord/Tenant Rights and Obligations Prepared by Judge Patrick Carroll September 13,

5 Application of Statutory Provision Ohio R. Code Chap Residential Governed by Chapter Sets out rights and responsibilities of landlord and tenant. Statutory provisions may not be modified by lease or contract. R.C. Sec

6 Tenant gives first month s rent on the 25th, to take occupancy on the first of the month. Tenant changes his mind the next day. Can he get his rent back? 6

7 ANSWER The landlord may keep the first month s rent if he can prove it is due to loss of rent and not a penalty. 7

8 Landlord puts double on the market. Real estate agent takes possible buyers through house without notice to the tenants. Is the landlord liable? 8

9 ANSWER Yes. The real estate agent is an agent of the landlord and must give reasonable notice to the tenants. 9

10 Tenant moves in and wants to paint the apartment. Can he do it without the landlord s permission? 10

11 ANSWER No. Permission from landlord is needed to make any material changes to the rental premises. 11

12 Landlord agrees to let the tenant paint the apartment, conditioned upon landlord s approval of the color. Does the tenant have to repaint when she vacates? 12

13 ANSWER Maybe. Tenant has the obligation to return the premises to the condition at the time of move in. This may change if the landlord tells the tenant prior to painting that tenant will not have to re paint. 13

14 Who pays for the water to the rental premises? 14

15 ANSWER Landlord has the obligation to supply water to the rental premises. Who pays for it is a matter of agreement by the parties. 15

16 Tenant gives notice to landlord of termination of month to month tenancy on July 2nd. When does the tenancy expire? 16

17 ANSWER August 31 st. 17

18 Tenant breaches lease by not paying rent. Is the landlord required to give a 30 day notice before eviction? 18

19 ANSWER No. A 30 day notice is only required for a month to month tenancy or a breach of the tenant s statutory obligation. 19

20 What about a 3 day notice? 20

21 ANSWER 3 day notice is always required. 21

22 May a tenant agree to accept an oral 3 day notice? 22

23 ANSWER No. The 3 day notice must always be in writing with statutory language. 23

24 Landlord serves tenant with 3 day notice on Christmas day. (Ho Ho Ho!) How soon can the landlord file the eviction complaint with the court? 24

25 ANSWER December 29th or next business day, even if Christmas falls on a Friday. Holidays, Saturdays and Sundays count as part of the 3 days. 25

26 Rent is due by the terms of the lease by the first day of the month, but the tenant always pays 4 or 5 days late. After 6 months of late payments, can you evict him if he does not make a payment on the first day for the next month? 26

27 No. By agreeing to accept late rent, the landlord has modified the lease by conduct. If the landlord wants to enforce timely rent payment, he must give prior notice to the tenant. 27

28 Tenant owes 3 months rent. At the eviction hearing, he offers to pay 1 month of rent. If the landlord accepts it can he still go forward with the eviction? 28

29 ANSWER Yes. While a landlord cannot accept future rent, she may accept past rent without losing the right to proceed. 29

30 Case called for eviction hearing. Tenant shows up and offers to pay all rent within 2 weeks. Not wanting to get burned again, landlord and tenant enter an agreement for writ of eviction to issue if rent not fully paid in 2 weeks. Valid? 30

31 ANSWER No! Parties may agree to a move out date, but not a writ of eviction to be enforced by the court. Some evidence and court order is required for eviction. 31

32 You buy a house by sheriff sale and find there is a tenant living there with 5 months left on a 1 year lease. Can you evict him? 32

33 ANSWER Yes. The law was changed in The lease can be declared void from a sheriff s sale and landlord can begin eviction proceedings as if tenant had month to month tenancy. 33

34 Tenant leaves the rental premises full of trash. Can the landlord get paid for cleaning out the apartment? 34

35 ANSWER Yes. The landlord is entitled to be compensated for her time at a reasonable hourly rate for work done to the rental premises due to damage beyond normal wear and tear. 35

36 Can a landlord be reimbursed for expenses incurred for repairs after the tenant moves out? 36

37 ANSWER Yes, if: 1. Damages are beyond normal wear and tear; 2. Amount claimed is reasonable for the work performed, and 3. Proof of itemized damages/ expenses with receipts or other records. 37

38 Tenant agrees to a lease provision that includes a charge of $100 per room that may need repainting at move out. Is this valid? 38

39 ANSWER No. Liquidated damages contract clause stating predetermined money damages independent of any actual damage to the rental unit is not enforceable. 39

40 Landlord permits the tenant to have a dog at the apartment. The dog leaves scratch marks on the doors. Is this normal wear and tear? 40

41 ANSWER No. Normal wear and tear is by human standards. Pet damage is beyond normal wear and tear, even with permission in the rental agreement and/or pet deposit. 41

42 Tenant leaves 8 months into a 1 year lease. Can the landlord sue the tenant for the balance of the rent under the lease? 42

43 ANSWER Yes, the tenant is under obligation for the rent for the entire year, but the landlord has the duty to mitigate damages by making reasonable attempts to re rent the premises. 43

44 Tenant moves out and gives forwarding address in writing. No damages and rent ($600 per month) paid in full. Landlord mails check to tenant 45 days later. All done? 44

45 ANSWER No. Security deposit, after deduction for unpaid rent and damage to the premises beyond normal wear and tear must be paid to tenant within 30 days or landlord owes double the amount. 45

46 Tenant broke a window with the costs of $ No other damage. Landlord does not return security deposit within 30 days. 46

47 ANSWER $600 rent $50.00 = $550 x 2 = $1,

48 Police are called to the rental premises for repeated loud incidents. Can the tenant be evicted if he timely pays his rent? 48

49 ANSWER Yes. Tenant has the obligation of quiet enjoyment to other tenants. Landlord is required to give written notice to tenant and is limited to the incidents in the written notice. 49

50 Landlord cited for nuisance violation due to tenant s conduct. Can the landlord pass the fine onto the tenant? 50

51 ANSWER Yes, if it is set out in the rental agreement. 51

52 Fair Housing Education Darlene English Director of Education and Outreach, The Housing Center Landlord Information Seminar

53 Bedbugs Best Practices Panel John Gedeon Jr. President/General Manager, General Pest Control Co. Mark McNamara Community Engager, LakewoodAlive Dan Shepard Director of Operations, Vanguard Property Management, Ltd. Landlord Information Seminar

54 6 Things Property Managers Need to Know About Bed Bugs Presented by: John Gedeon, Jr. Associate Certified Entomologist Registered Sanitarian The General Pest Control Co. Cleveland, OH

55 1. What the university researchers are telling us: Bed bugs are the pest of the 21 st century The bed bug problem is alive and well and I just do not see any way we are going to get out of this thing anytime in the near future. Michael Potter, PhD Univ. Of Kentucky There is no "silver bullet" for bed bugs Mike Merchant, PhD Texas A & M Univ.

56 1. What the university researchers are telling us: "This little blood-sucking insect is here, and it's here to stay. There's absolutely no end in sight. This is a pest we'll likely be living with for the rest of our lives." Susan Jones, PhD The Ohio State University This is one tough pest!

57 2. Bed Bugs Move Around In Multi Family Housing a Lot More Than We Thought Cooper s Message: If you are not inspecting the adjacent apartments, you may be missing additional infestations. Rick Cooper, PhD Rutgers University

58 Copyright Bed Bug Central Bed Bug Spread within Buildings Secondary 506 Secondary 404 Primary Infestation 406 Secondary 306 Secondary 408

59 Copyright Bed Bug Central Bed Bug Spread within Buildings Sporadic Secondary Infestation 406 Unreporte d Infestation

60 2. Bed Bug Spread within Buildings Secondary 506 Friends in the building 912 Secondary 404 Primary Infestation 406 Secondary 306 Secondary 408 Copyright Bed Bug Central 2009

61 3. Respond Promptly The earlier a bed bug problem is discovered the easier and less costly it is to treat AND The less likely it is to spread to other suites Early detection saves Aggravation and Money ($)

62 4. Why are they so hard (and expensive) to kill Apartment managers don t have any real control over the residents. Residents in heavily infested units often have more serious problems in their lives, so bed bugs take a back seat to other concerns. Dini Miller, PhD Virginia Tech Residents who do not address the problem until it becomes massive. Residents who do not want to admit they have bed bugs for fear of.

63 4. Why are they so hard (and expensive) to kill Residents who think they can treat bed bugs themselves. Managers and staff who are reluctant or refuse to go into bed bug infested units. The preparation instructions for treatment are often unrealistic and residents just will not do it. Owners of multi unit buildings can t afford the cost of treatment and ongoing bed bug management. Clutter & Hoarding

64 If you have residents who keep their apartment like this, you have lost the battle

65 If you have residents who keep their apartment like this, you have lost the battle

66 4. Why are they so hard (and expensive) to kill So, what can you do. Inspect apartments on a regular basis 2 or 3 times a year Train everyone who goes into apartments to recognize the signs of bed bugs. Know your tenants. Maintain open communication and encourage residents to report pest issues.

67 5. Can you do-it-yourself? If more than a 4 unit dwelling you need a pesticide applicator license ODA Rule 7/1/2004 Yes, if you use Professional Products Very Thorough Persistence

68 What not to use NEVER USE BUG BOMBS!! Aerosol bombs won t get rid of your bed bugs and may cause bed bugs to spread to other rooms and other apartments.* *Research done by Susan Jones, PhD Ohio State University 2012

69 Other things that do not work well, or not at all* = *Changlu Wang, PhD Rutgers University Research published in 2013 Alcohol Moth Balls plug in Pest Repeller

70 6. How do you know when they are gone? 8 weeks - no new bites - no new sightings - no new blood stains

71 Take Home Message Resident Triangle of Cooperation Management Pest Control

72 Remember. And if they do Then take your shoe And knock em til They re black and blue!

73 Bedbugs Best Practices Panel John Gedeon Jr. President/General Manager, General Pest Control Co. Mark McNamara Community Engager, LakewoodAlive Dan Shepard Director of Operations, Vanguard Property Management, Ltd. Landlord Information Seminar

74 Lakewood s Pest Control Ordinance Occupants are responsible for past extermination in their dwelling units if their units are the only ones infested If occupants fail to exterminate pests, or if infestation has spread to more than one unit or to common areas, property owner is exclusively responsible for extermination Enforceable as housing code violation (LCO ) City examining ordinance for possible updates

75 Thank you for attending! Please feel free to stay for questions and answers. City of Lakewood