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How to proceed after Notice of Breach of Agreement has been given to Property Management Co.?


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#1 OHTenant

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Posted 28 January 2013 - 10:04 AM

My wife and I live in an apartment complex in Ohio. We have presented the Property Manager with a Notice of Breach of Agreement, per our rights in the Ohio Revised Code. If the breaches in the lease terms are not corrected/fixed by February 14, it is our right to sent rent payment to county clerk of courts or terminate the lease. As things are progressing, it does not appear as if the property management is working toward fixing all of the breaches. When Feb. 14 arrives what is our next step to terminate the lease and not be held responsible for the remaining time on the lease? Are we entitled to get our security deposit back?

#2 FindLaw_Amir

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Posted 28 January 2013 - 11:20 AM

Could you please elaborate a bit more on the property management's breach of agreement?
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#3 pg1067

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Posted 28 January 2013 - 01:33 PM

Your post contains zero relevant facts. All you have done is vaguely alleged a breach (or breaches) and stated some legal conclusions regarding your remedies (which, for all I know, may not be correct). What are the relevant facts? What makes you think that, if the landlord doesn't remedy the alleged breach(es), you have the "right to sent [sic] rent payment to county clerk of courts or terminate the lease"?

#4 OHTenant

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Posted 31 January 2013 - 08:03 AM

The Notice of Breach of Agreement has been delivered to the Property Management. The following breaches were included in the Notice:

1. Per the lease agreement, “VEHICLES 13…Any abandoned, inoperable, unlicenced, illegally parked, wrecked, partially dismantled or unsightly vehicle as well as any vehicle not in regular use may be towed from the premises at the vehicle owner’s risk and expense. TRAILERS, MOTORCYCLES AND COMMERCIAL OR RECREATIONAL VEHICLES ARE NOT PERMITTED.” There are upwards of 6 commercial vehicles that park on the property on a nightly/daily basis. There is also an unsightly, unlicenced, and unused vehicle that parks in the exterior lot of the apartment building.

2. Breaches of Ohio Revised Code 5321.04 (A)(3) “Keep all common areas of the premises in a safe and sanitary condition.”

a. There are excessive amounts of discarded cigarette butts on the lawns and in entry/exit ways that pose a threat to the health of us as tenants, our visitors, and out pet.
b. Failure to provide a safe, solid, and level walkway to the provided dog station behind Building 167 and elsewhere on the property that all pet owners to access per the signed “Dog Agreement” and the letter from January 7, 2013.
c. Dog urine has been present on the entryway wall on the first floor of Building 171. This has been present for several months and not cleaned; it is not sanitary.
d. In the early morning of January 1, 2013, we noticed the strong scent of natural gas/propane in Building 171. I called the emergency number for the property and the on-call maintenance person was dispatched to assess the situation. After 5-6 minutes, the maintenance person left the site. We were not notified that the situation had been resolved or if it was safe to remain in the building. Our safety was in jeopardy and our lives, as well all lives of the residents in Building 171, were possibly put in danger from gas inhalation and/or possible explosion.
e. The property owner has failed to provide adequate security measures with sufficient lighting. The light that provides security and safety between Buildings 167 and 171 has been without power since December 26, 2012. The area is very dark and unsafe.

3. Breaches of Ohio Revised Code 5321.04 (A)(3) and Avon Lake Code of Ordinances 660.05 (h) “Obstructions: Nuisances. No owner of any lot or land abutting upon a sidewalk located within a City street or roadway right-of-way shall fail to keep such sidewalk free from snow, any nuisance or any obstruction.” The property management has failed to to fulfill this obligation.
We reasonably believe that the landlord has failed to fulfill the stated obligations. Per the Ohio Revised Code it is our right as residents to give notice in writing to the property management, specifying the acts, omissions, or code violations that constitute noncompliance. If the necessary steps are not taken to correct the above conditions by February 14, 2013 (30 days from the date of delivery), we, the tenants at the above address, have the right to, and will deposit our rent money with the Lorain County clerk of courts until the conditions are corrected. We also have the right per the Ohio Revised Code 5321.07 ((3) to terminate the rental agreement. The Ohio Revised Code authorizes such actions by tenants when the owner of a property does not meet the obligations under the Ohio Revised Code. These obligations include compliance with the housing and health codes which materially affect the health, safety, and comfort of all residents, and the maintenance of all facilities and services provided at the rented premises when we signed the lease agreement.

The question that I have is: When February 14th arrives and the stated breaches are not corrected, how do I terminate the lease agreement without being held financially responsible for the remainer of the lease term?




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