It has recently come to my attention that Bayside Commons, Hilliard OH has been conducting ongoing renovations to current tenant's apartments without proper written notification of the start and end dates and the type of renovation, in its entirety, the tenant(s) can expect to be done upon completion. The following is for information purposes only:
Ohio Revised Code
Title [53] LIII REAL PROPERTY
5321.04 LANDLORD OBLIGATIONS.
(A) A landlord who is a party to a rental agreement shall do all of the following:
(8) Except in the case of emergency of if it is impracticable to do so, give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.
(B) If the landlord makes an entry in violation of division (A) (8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement.
"How Are Landlord renovation Rights Balanced?
There must be some give and take from both parties when there is construction involved with a rental unit.
Some jurisdictions do hae specific policies and procedures to follow, but in general, the need to repair a property becomes a negotiating point in combination with the quiet enjoyment of the rental.
Normally a conversation or two, followed up with written notice regarding the situation can balance out each right so that everyone feels like they come out ahead.
If a landlord serves a notice on a tenant to temporarily vacate the premises without compensation, however, many landlord/tenant laws allow this notice to be ignored.
It is considered a breach of the contract to force a tenant to move when they have a valid right to be there.
If a landlord attempts to force a tenant out, even temporarily, then the only allowable method is typically to pay for all expenses during the construction period, including food and incidental expenses, while giving the tenant a time to return.
A 60 day notice for this type of temporary move is usually required as well.
Tenants may also have the right to call out building inspectors to determine if the building is remaining up to code during the construction process.
If the housing is deemed to be uninhabitable, then the landlord may have 24 hours to rectify the situation or risk the lease being broken with cause, meaning a tenant may be able to gain their full deposit back unless there are provable tenant-caused repairs that must be made.
For the most part, landlords should generally work on rental properties when there are no tenants in a unit to prevent this situation from ever occurring.
When emergency repairs are required or a unit needs to be updated, however, it pays to give tenants as much notice as possible and make it worth their while to put up with the noise if the problem isn't their fault.
Otherwise that construction cost might not be the only charge that has to be paid. (Landlord Station; 4/29/2015)
Bayside Apartments Reviews
It has recently come to my attention that Bayside Commons, Hilliard OH has been conducting ongoing renovations to current tenant's apartments without proper written notification of the start and end dates and the type of renovation, in its entirety, the tenant(s) can expect to be done upon completion. The following is for information purposes only:
Ohio Revised Code
Title [53] LIII REAL PROPERTY
5321.04 LANDLORD OBLIGATIONS.
(A) A landlord who is a party to a rental agreement shall do all of the following:
(8) Except in the case of emergency of if it is impracticable to do so, give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.
(B) If the landlord makes an entry in violation of division (A) (8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement.
"How Are Landlord renovation Rights Balanced?
There must be some give and take from both parties when there is construction involved with a rental unit.
Some jurisdictions do hae specific policies and procedures to follow, but in general, the need to repair a property becomes a negotiating point in combination with the quiet enjoyment of the rental.
Normally a conversation or two, followed up with written notice regarding the situation can balance out each right so that everyone feels like they come out ahead.
If a landlord serves a notice on a tenant to temporarily vacate the premises without compensation, however, many landlord/tenant laws allow this notice to be ignored.
It is considered a breach of the contract to force a tenant to move when they have a valid right to be there.
If a landlord attempts to force a tenant out, even temporarily, then the only allowable method is typically to pay for all expenses during the construction period, including food and incidental expenses, while giving the tenant a time to return.
A 60 day notice for this type of temporary move is usually required as well.
Tenants may also have the right to call out building inspectors to determine if the building is remaining up to code during the construction process.
If the housing is deemed to be uninhabitable, then the landlord may have 24 hours to rectify the situation or risk the lease being broken with cause, meaning a tenant may be able to gain their full deposit back unless there are provable tenant-caused repairs that must be made.
For the most part, landlords should generally work on rental properties when there are no tenants in a unit to prevent this situation from ever occurring.
When emergency repairs are required or a unit needs to be updated, however, it pays to give tenants as much notice as possible and make it worth their while to put up with the noise if the problem isn't their fault.
Otherwise that construction cost might not be the only charge that has to be paid. (Landlord Station; 4/29/2015)