CJINOHIO03 Posted December 29, 2009 Report Share Posted December 29, 2009 I have a friend who moved in a house in the summer. Well I guess it is gas heat and when it got cold it doesnt work. Gas company came out said line is ruptured etc but is owners responsibility etc. She cant get a hold of the guy. He wont answer his phone and is in Kentucky some where. What is the law/procedure about putting the rent into trust etc? Any links to laws or websites would be helpful thanks CJ Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 http://www.studentlegalrights.org/rent-escrow/ Quote Link to comment Share on other sites More sharing options...
CJINOHIO03 Posted December 29, 2009 Author Report Share Posted December 29, 2009 One other thing she has no written lease so will she be screwed if she fights this Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 One other thing she has no written lease so will she be screwed if she fights this She should just move Quote Link to comment Share on other sites More sharing options...
abuseU1300 Posted December 29, 2009 Report Share Posted December 29, 2009 http://www.ohiolegalservices.org/public/legal_problem/housing/landlord-tenant-issues/escrow/qandact_view Quote Link to comment Share on other sites More sharing options...
CJINOHIO03 Posted December 29, 2009 Author Report Share Posted December 29, 2009 yeah that what I figured too the guy will just give her notice Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 yeah that what I figured too the guy will just give her notice She needs to send written notice and move. I've never been too sure how the no lease stuff works because, well, we always gave all of our tenants leases. Sounds like your typical slum lord. Quote Link to comment Share on other sites More sharing options...
abuseU1300 Posted December 29, 2009 Report Share Posted December 29, 2009 One other thing she has no written lease so will she be screwed if she fights this She still has tenants rights even if she doesn't have a written lease. The owner is obligated to make sure the place is liveable for the rent that she is paying. Hopefully she hasn't been scammed. Have heard of people moving into vacant properties thinking they are dealing with the owner and the home is actually a bank owned property or in the foreclosure process. Lots of scams going on right now. She should make sure the person she is paying is the actual owner. She can check that out on the auditors' website. Quote Link to comment Share on other sites More sharing options...
Nd4spd_150 Posted December 29, 2009 Report Share Posted December 29, 2009 She still has tenants rights even if she doesn't have a written lease. The owner is obligated to make sure the place is liveable for the rent that she is paying. Hopefully she hasn't been scammed. Have heard of people moving into vacant properties thinking they are dealing with the owner and the home is actually a bank owned property or in the foreclosure process. Lots of scams going on right now. She should make sure the person she is paying is the actual owner. She can check that out on the auditors' website. +1 Quote Link to comment Share on other sites More sharing options...
russian rocket Posted December 29, 2009 Report Share Posted December 29, 2009 stop paying rent......... that will usually get the landlords attention in the meantime, get some heating blankets and space heaters Quote Link to comment Share on other sites More sharing options...
Trouble Maker Posted December 29, 2009 Report Share Posted December 29, 2009 stop paying rent......... that will usually get the landlords attention in the meantime, get some heating blankets and space heaters I don't know the details, maybe LJ or someone else can chime in, but this is my understaindg. You can't just stop paying the rent. There are certain basics 'needs' that a landlord needs to provide by Ohio law. Things like clean water, livable conditions (i.e. water leaks, unsanitary conditions), heat. Things that without you wouldn't be able to live. If these things aren't taken care of and the landlord won't fix them you can hand your check over to the somewhere at the county and they will put it into an escrow. When the issues is resolved the landlord then gets their money. I'm sure LJ's link has the details. Quote Link to comment Share on other sites More sharing options...
Akula Posted December 29, 2009 Report Share Posted December 29, 2009 I am pretty sure you cannot be an absentee landlord in Ohio, not certain, but I would look into that. Quote Link to comment Share on other sites More sharing options...
Trouble Maker Posted December 29, 2009 Report Share Posted December 29, 2009 But in this situation I agree with the first thing LJ said, she should just find a legit place and move. There is no reason a landlord, no matter how big or small, shouldn't have rental agreements. You can find blanket documents online. The laws and general workings are there to try to protect both sides. Quote Link to comment Share on other sites More sharing options...
Trouble Maker Posted December 29, 2009 Report Share Posted December 29, 2009 I am pretty sure you cannot be an absentee landlord in Ohio, not certain, but I would look into that. Our landlord is an older couple that owns a few places. They travel relatively often and I believe they are out of town right now actually. They always put one of their sons in charge when they are out of town and we have their numbers also. I don't know if they need to do all of this, but it's nice. Quote Link to comment Share on other sites More sharing options...
russian rocket Posted December 29, 2009 Report Share Posted December 29, 2009 You can't just stop paying the rent. yea but she is having issues contacting the landlord, i think its safe to say that if she stops paying her rent, the land lord will contact her and then they can work out all the details. Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 yea but she is having issues contacting the landlord, i think its safe to say that if she stops paying her rent, the land lord will contact her and then they can work out all the details. False, non-payment of rent is grounds for evictions and lawsuits. It is not the proper way to go about things and this is very, very bad advice. Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 I am pretty sure you cannot be an absentee landlord in Ohio, not certain, but I would look into that. You can. You have to have local property management, for issues such as this. Quote Link to comment Share on other sites More sharing options...
Akula Posted December 29, 2009 Report Share Posted December 29, 2009 You can. You have to have local property management, for issues such as this. Exactly, you cannot be an absentee landlord, you have to have a property management arrangement in place. I would start with a rent escrow (I don't give you the rent until you fix the place). Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 Exactly, you cannot be an absentee landlord, you have to have a property management arrangement in place. I would start with a rent escrow (I don't give you the rent until you fix the place). Huh? Landlord is the guy who you pay the rent to and owns the place. He can hire any property management company he wants to do maintenance and cut the grass and handle any issues that may come up. It's not illegal to not even have a property management company, but what becomes illegal is when you DON'T have anyone to do the work for you, you live out of state, and cannot get to the repairs in a reasonable time. You CAN be an absentee landlord, as landlord/= property management. Quote Link to comment Share on other sites More sharing options...
russian rocket Posted December 29, 2009 Report Share Posted December 29, 2009 False, non-payment of rent is grounds for evictions and lawsuits. It is not the proper way to go about things and this is very, very bad advice. im sure the landlord would rather contact the person rather than evicting/ sueing because of the deep shit he would get in if all the stuff was actually brought to court. and what would he even sue you for? the missed rent? trust me i have rented from 3 different landlords in the past 4 years. the guy im renting from right now is a friend and tells me how these things work. a law suit is more of a headach especially if its only over 400-800 dollars in rent. plus if she gets evicted, she'll be better off because than she can go find another place where the landlord actually cares about their tenants. so i dont actually think my advice of stop paying is all that bad, because then itll get his attention and show him your not fucking around. Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 im sure the landlord would rather contact the person rather than evicting/ sueing because of the deep shit he would get in if all the stuff was actually brought to court. and what would he even sue you for? the missed rent? trust me i have rented from 3 different landlords in the past 4 years. the guy im renting from right now is a friend and tells me how these things work. a law suit is more of a headach especially if its only over 400-800 dollars in rent. plus if she gets evicted, she'll be better off because than she can go find another place where the landlord actually cares about their tenants. so i dont actually think my advice of stop paying is all that bad, because then itll get his attention and show him your not fucking around. It is bad. Man, you have rented 3 apartments? No shit? Let's see, I did property management for 5 years, and I get all my information from my dad and grandpa. Their experience? A combined 70 years. While they were custom builders, most of the steady cash flow came from massive amounts of rental properties. So once again, your advice is complete shit. You can't just stop paying your rent. Quote Link to comment Share on other sites More sharing options...
russian rocket Posted December 29, 2009 Report Share Posted December 29, 2009 It is bad. Man, you have rented 3 apartments? No shit? Let's see, I did property management for 5 years, and I get all my information from my dad and grandpa. Their experience? A combined 70 years. While they were custom builders, most of the steady cash flow came from massive amounts of rental properties. So once again, your advice is complete shit. You can't just stop paying your rent. actually 3 houses. i guess its a difference in opinion here. you seem to think that this persons landlord is some multi billionaire with a fleet of lawyers. i see this persons landlord as a slumlord that doesnt want to get shit done until forced to. the worst thing that the guy can do is give you 30 days to move out. THATS WORST CASE scenario. i can almost guarantee he will not take her to court because it just wont be worth it and itll cost him more money in the end anyways. Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 actually 3 houses. i guess its a difference in opinion here. you seem to think that this persons landlord is some multi billionaire with a fleet of lawyers. i see this persons landlord as a slumlord that doesnt want to get shit done until forced to. the worst thing that the guy can do is give you 30 days to move out. THATS WORST CASE scenario. i can almost guarantee he will not take her to court because it just wont be worth it and itll cost him more money in the end anyways. I can guarantee that he will file a claim against her for his money. That's why you ESCROW the rent, not just stop paying it. It's not a difference of opinion, it's someone with very little experience vs reality. Your advice is false, and I suggest you never try it yourself. BTW, you said the worst that can happen is an eviction? You realize you can turn down someone that has an eviction on their FABCO in a heartbeat, and most place will, don't you? Quote Link to comment Share on other sites More sharing options...
russian rocket Posted December 29, 2009 Report Share Posted December 29, 2009 Your advice is false, and I suggest you never try it yourself. BTW, you said the worst that can happen is an eviction? You realize you can turn down someone that has an eviction on their FABCO in a heartbeat, and most place will, don't you? there is no written contract between these two.......... Quote Link to comment Share on other sites More sharing options...
LJ Posted December 29, 2009 Report Share Posted December 29, 2009 there is no written contract between these two.......... Verbal with receipt of rent paid (assuming checks or MO were used) along with mail being received at the residence in question. Any eviction hearing will go on your FABCO record, as well as any collections. Those are 2 criteria where you have 0 discrimination case when it comes to renting. An eviction hearing on your record or collections from another landlord = auto denial at a lot of places. Like I said, this is reality, you don't just stop paying your fucking rent. Quote Link to comment Share on other sites More sharing options...
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