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Building Inspector in collusion with renter because of eviction

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eaglek06

Junior Member
What is the name of your state (only U.S. law)? Lakewood Ohio
Lakewood Ohio. People moved in with previous tenant. When previous tenant left they stayed which I allowed until I could process an application, verify employment, etc. They lied on the application but by that time I had accepted two months rent. However, I put the receipt in the previous tenants name and told them I considered them guests of the previous tenant until I could put a lease in their name to which they agreed. My mistake. Now I had to go through the process of evicting them even thought they have no valid lease. Because of the eviction they had been texting me an calling me everything in the book. They then told me that they had a "friend" in the building department and they would have him come out and cite me for everything wrong in the house. Sure enough the building inspector came out and performed a "fishing expedition" in my house and I now have a list of corrections. I then found out that when this same woman was being evicted from another rental last year, she called the building department again out of spite and the SAME inspector went out and again gave a laundry list of corrections. When he came onto my property he knew who this woman was and exactly what she was all about. Is it legal for a city official to use his discretionary powers and go into a rental under malicious motives for a friend who is getting evicted for the sole purpose of helping them "get even"? May I sue or at least forbid him to ever enter my property again?
 


justalayman

Senior Member
No it's not proper a public servant act as you claim but you have recourse. You can fight the citations if they are not valid or you can cure them if they are. To fight them you can hire a qualified inspector to inspect the home and write you a statement of findings. You then take that party and the report and fight the citations.


No, you cannot forbid him from entering your property since at the moment it is under the control of the tenant and they can allow him in.
 

Zigner

Senior Member, Non-Attorney
I suspect that the items cited were valid. The OP was caught with violations and is upset...The OP doesn't understand the business of being a landlord and needs to educate himself/herself.
 

FlyingRon

Senior Member
Yep, they're lucky that they only get an inspector when someone complains. I used to manage rental properties in NJ and there the inspectors come by periodically to inspect rentals even when nobody complains. Even with well maintained property there's always something that attracts their attention (like the fact our outside door to the building wasn't locked even though it only is a vestibule for the three locked unit doors three feet behind it.

Unless you can show the violations were both not violations and hostilely cited you have no claim against either the tenant or the inspector. Inspectors are generally free to inspect regardless of who makes the complaint. I've had neighbors lodge lots of complaints (rather than just telling me what they were really upset about).
 

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