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Constructive Eviction


El Karacho1647545492

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Not quite to that point yet, but I need some advice.

 

Before going to work this morning I noticed our heat was not functioning. Long story short, I thought it was the blower because our hot water was fine. Fast forward to now when my roommate gets home and tells me heat is not fixed and blower still won't blow. Maintenance person at our apt complex said a guy went out, that it was indeed the blower that wasn't working, and that he oiled/fixed it. She's sending him out again but I do NOT want to stay in an apt with no heat tonight.

 

I know that for this to be considered a constructive eviction case I have to send a certified letter, which will be done tomorrow. My question is what recourse do I have now? If I check into a hotel tonight will I be allowed to deduct that cost from next month's rent? I'm not gonna play hardball (yet) because so far my landlords have been wonderful about maintenance, but I've done the "grin and bear it" approach to losing heat overnight and dont want to repeat.

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UPDATE: Props to Arbors of Watermark! They didn't fix the blower (blown motor, spare coming tomorrow) but they brought space heaters. Without our indication, they also noticed the loose front doorknob (we always deadbolt it so we never called them about the doorknob) and replaced it. I've lived in so many run-down hovels that this kind of attention to detail in maintenance depts. is shocking and welcome.

 

^LOL.

 

OP, weve got a leaking toilet and a broken counter-top at our place, minisquel compared to your issues, but its been months since it was reported and its still fucked up.

 

If mgmt doesnt do anything consider some alternatives.

 

Send your landlord a certified letter detailing the issues in your apt, especially the leaky toilet. By Ohio law they have 30 days to remedy the situation or you may begin withholding rent (by depositing it with the county clerk I believe).

 

http://ohiorentersrights.com/ <----your best friend. Someone should sticky that link or something.

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Check your contract and see if they have a way to weasel out of not having to fix it immediately/reimburse your for alternative accommodations. If they don't contact them ASAP and tell them you have ZERO heat and they need a crew out post haste. If they cannot get a crew out there then you will be occupying a hotel with similar accommodations as your apartment/condo (aka a suite with kitchen, etc) and will be footing the bill...
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