I moved to a townhouse apartment in Beavercreek, OH. I have a one year contact starting on 1st Jan.
There is a bathroom downstairs for guest. There is a so too bad smell in this bathroom. My wife and I could not afford it. My wife smells the bad smell even when we in the living room. I could not invite friends because of the smell. The maintenance came many times and they admit the bad smell but they could not do anything. The manger as well admits the smell and she could not do anything either.
I asked them to break the contract and move to another apartment. They said you cannot because my one-year contact. They offer me another townhouse apartment but I refuse it because I need the same apartment or moving out.
Is that something I can break my contract for?
As I understand your question, both the landlord and the maintenance people are able to smell the odor, but they can't or won't do anything about it. You then asked them if you could move to another apartment, which they agreed you could do. But now you say you need to be in your current apartment or you're moving out. It appears to me, without knowing any other facts, that they are trying to be reasonable to make you and your wife happy. Is there something wrong with the other apartment?
You do have the right under Ohio law to deposit your rent money with the court until the condition with the smell is fixed. That's called escrowing the rent, and you'd need to contact your local municipal court to see how to do it.
If you just move, you'll be breaking the lease, and the landlord could go after you for the approximate 10 months left on the lease. If that happens, you would have to appear for the court hearing and argue your case before the judge/magistrate. However, when the landlord says she offered you another townhouse, the court may very well decide that you were being unreasonable.
Again, this is my advice, based on the facts in your question. You may want to speak with an attorney about this matter, as you have a lot of money at stake with the future rent that will become due.
This opinion is meant for general education purposes only. If you are not an existing client, do not construe anything in the email to make you a client. The attorney's opinion is based solely on the facts provided in the question.
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