We have been smelling gas since we moved in April 12 we called the maintenance people several times they said the couldn't find a leak. we called the the gas company in June and the found a leak we called the rental office they said they would have somebody out they. On duly 2nd we received a note stating that they didn't have a key we took them the key July 5 on July 5 they came out to fix we was still smelling gas and had the gas company come out again and the gas company said they did not fix it. July 9th the maintenance people came to fix we when we got home we smelled a light odor of of gas called the gas company they said everything was fine that same say we received a eviction notice to leave in 24 hours
Real Estate Attorney
Ohio requires a 3-day notice to evict. Your withholding of rent was not a proper remedy. Landlord does have the duty to repair, but you must give required notice and opportunity to cure. Here is an Ohio Bar pamphlet regarding tenant's rights. https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-11.aspx
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Real Estate Attorney
My colleague is correct - you cannot simply withhold rent without consequences. You should have paid rent when due and then made your repair requests to the landlord in writing. If the landlord failed to repair within a reasonable time period after having received your notice, you could then put your rent in escrow with the county court. Without following this process, not paying rent will get you evicted. As my colleague mentioned, the landlord must give a 3-day notice to vacate the premises before the eviction action is started, so the 24hr notice you mentioned is not adequate. I would suggest paying your rent immediately and hope the landlord accepts it - if the landlord does not accept it you may have to defend an eviction action. If that happens do not ignore any notice you may receive from the court - consult with a local attorney immediately. Best of luck to you.
I am licensed in the State of Ohio, posting a response to your question or issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights--or rights to recovery of damages.
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