have not had heat in my apartment since December 23rd this is the second time I have a small child we both are sick now and the heat is below 65 he is giving me to space heater to heat a two-bedroom townhouse upstairs and downstairs. He is in Africa thousands of miles away from Dayton Ohio. I was told I had to wait 30 days for my heat to get fixed is this true? Can I use by February rent to move me & my child into a hotel until he fix the heat?
There is not much you can do to compel landlord to fix the heat. You can report it to the board of health or bldg. dept., and they can issue an order to landlord to fix it, but he might not comply. Or you can pay your rent into escrow with the local court. Check the court web site for the rent escrow process. Ohio law requires landlord to maintain "reasonable" heat. It does not define what is "reasonable." If you don't pay your rent, landlord can file to evict you. The court might dismiss the eviction if it determines heat was not reasonable, but that doesn't fix the heat. An eviction is a permanent public record, even if it is dismissed, and can make it difficult to rent from a landlord who checks the records. Contact local housing agencies for assistance or use the Find a Lawyer tab to retain a local attorney.
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