landlord shut water off!

[helen7]

What is the name of your state? Ohio
In our 1 year lease, our landlord put in it that if the rent is not paid by the 10th of each month, that she will shut the water off. The water is in her name and it is included in our rent. We got behind this month for the first time in 2 years and she shut our water off herself. Can she do this? Is it legal or is she making the house inhabitable? From what I have dug up on the internet it says that she is required to provide running water at all times, but I didnt know since we signed the rental agreement which states that she can turn it off.
Any advice?
Please Help, I have 7 kids in the home!

 

[stevek3]

What is the name of your state? Ohio
In our 1 year lease, our landlord put in it that if the rent is not paid by the 10th of each month, that she will shut the water off. The water is in her name and it is included in our rent. We got behind this month for the first time in 2 years and she shut our water off herself. Can she do this? Is it legal or is she making the house inhabitable? From what I have dug up on the internet it says that she is required to provide running water at all times, but I didnt know since we signed the rental agreement which states that she can turn it off.
Any advice?
Please Help, I have 7 kids in the home!

What she's pulling is known as constructive eviction. To answer your question, no, she can't do it. The provision in your lease is unenforceable. You may want to read Ohio Revised Code Section 5321.01 through Section 5321.19, which is the Ohio Landlord Tenant Act. You can read it on the Internet, the language isn't all that difficult.

 

[helen7]

What steps do I take to get my water turned back on?

 

[stevek3]

What steps do I take to get my water turned back on?

Two questions: Is your rent paid up to date? Where is the house located?

 

[helen7]

Two questions: Is your rent paid up to date? Where is the house located?

The rent has not been paid for this month yet November) we live in Mercer county Ohio. It is a single family house.

 

[stevek3]

The rent has not been paid for this month yet November) we live in Mercer county Ohio. It is a single family house.

Be aware the landlord does not have to accept your late rent. She can give you a three-day notice, then file an eviction complaint. Yes, you have some remedies, but they'll take a couple of weeks and you'll also risk an eviction complaint. So pay your rent, and you'll get your water back. That's the practical solution.

 

[helen7]

Be aware the landlord does not have to accept your late rent. She can give you a three-day notice, then file an eviction complaint. Yes, you have some remedies, but they'll take a couple of weeks and you'll also risk an eviction complaint. So pay your rent, and you'll get your water back. That's the practical solution.

She turned the water off herself. The water company did not come down and turn it off. Can I call the water company and have them come down and turn it back on? And if I got and eviction notice I can then get help from local agencies with the rent. They will not help without an eviction notice. Can we sue her for pain and suffering for the time we are without water? I dont have the money to pay her now for the rent and I need water. What do I do?

 

[stevek3]

She turned the water off herself. The water company did not come down and turn it off. Can I call the water company and have them come down and turn it back on? And if I got and eviction notice I can then get help from local agencies with the rent. They will not help without an eviction notice. Can we sue her for pain and suffering for the time we are without water? I dont have the money to pay her now for the rent and I need water. What do I do?

Sue her? Think logically. You can't even afford to pay RENT.

You can contact local housing code enforcement, and they'll issue an order to the landlord to get the water back on. But like I said, that's going to take time.

Also, you did not understand what I said...She does NOT have to accept late rent. So, if she perceives you as a troublemaker for getting code enforcement involved, then she might decide to evict you rather than accepting your late rent. Running water won't do you much good if nobody is living in the house to use it.

 

[helen7]

Sue her? Think logically. You can't even afford to pay RENT.

You can contact local housing code enforcement, and they'll issue an order to the landlord to get the water back on. But like I said, that's going to take time.

Also, you did not understand what I said...She does NOT have to accept late rent. So, if she perceives you as a troublemaker for getting code enforcement involved, then she might decide to evict you rather than accepting your late rent. Running water won't do you much good if nobody is living in the house to use it.

Ok....suing...getting a little ahead of myself. Just made me angry that she did this illegally.
The problem is that I may be able to give her a partical payment, but not the whole amount. And I'm pretty sure at this point that she wont take a partial payment. So is there any way to get the water turned back on?
Another question, would this be cause for us to break the lease? Our lease is up in May of 05 and obviously we want to get the heak out of here!
And thank you for your advice!

 

[stevek3]

Ok....suing...getting a little ahead of myself. Just made me angry that she did this illegally.
The problem is that I may be able to give her a partical payment, but not the whole amount. And I'm pretty sure at this point that she wont take a partial payment. So is there any way to get the water turned back on?
Another question, would this be cause for us to break the lease? Our lease is up in May of 05 and obviously we want to get the heak out of here!
And thank you for your advice!

Grounds to break your lease? You violated the lease by not paying rent. That's the only reason your water is turned off now. Pay rent on time, and you won't have the problem.

If you don't want to risk the water being shut off in the future, then after November and December rent is paid and current, let her know you'll contact code enforcement if she shuts off the water again. Of course, if you pay your rent as you'd originally agreed in the first place, then it's all a moot point.

 

[Who's Liable?]

Sue her? Think logically. You can't even afford to pay RENT.

You can contact local housing code enforcement, and they'll issue an order to the landlord to get the water back on. But like I said, that's going to take time.

Also, you did not understand what I said...She does NOT have to accept late rent. So, if she perceives you as a troublemaker for getting code enforcement involved, then she might decide to evict you rather than accepting your late rent. Running water won't do you much good if nobody is living in the house to use it.

If she joins a tenant advocacy group and notifies the LL in writing of this , it would become illegal and looked upon as a "retaliatory" act, and she could be awarded damages in court. She needs to read her states LL/T laws to verify this.

 

[helen7]

If she joins a tenant advocacy group and notifies the LL in writing of this , it would become illegal and looked upon as a "retaliatory" act, and she could be awarded damages in court. She needs to read her states LL/T laws to verify this.

What is a tenant advocacy group?

 

[stevek3]

If she joins a tenant advocacy group and notifies the LL in writing of this , it would become illegal and looked upon as a "retaliatory" act, and she could be awarded damages in court. She needs to read her states LL/T laws to verify this.

I've lived in Ohio my entire life. As I write this, I have approximately 300 residential leases sitting on the left side of my desk. I'm not just "guessing" as to what might or might not happen. Trust me, my advice to her is both practical and sound.

 

[helen7]

(3) The tenant joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreement.
Is this it?

 

[Who's Liable?]

I've lived in Ohio my entire life. As I write this, I have approximately 300 residential leases sitting on the left side of my desk. I'm not just "guessing" as to what might or might not happen. Trust me, my advice to her is both practical and sound.

Thank you. I am both challenged and refreshed by your unique point of view.


§ 5321.02 Retaliatory conduct of landlord prohibited.

(A) Subject to section 5321.03 of the Revised Code, a landlord may not retaliate against a tenant by increasing the tenant's rent, decreasing services that are due to the tenant, or bringing or threatening to bring an action for possession of the tenant's premises because:

(1) The tenant has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that is applicable to the premises, and the violation materially affects health and safety;

(2) The tenant has complained to the landlord of any violation of section 5321.04 of the Revised Code;

(3) The tenant joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreement.

(B) If a landlord acts in violation of division (A) of this section the tenant may:

(1) Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises;

(2) Recover possession of the premises; or

(3) Terminate the rental agreement. In addition, the tenant may recover from the landlord any actual damages together with reasonable attorneys' fees.

I think we are getting our signals crossed on this one. The OP stated the rent payment was late. Steve3K is right in the sense that since your rent is ALREADY late, the LL does not have to accept your payment at all and can legally kick you out provided they do it legally.

Once you rent is paid in full, they cannot hassle you or even SUGGEST they will kick you it if you've joined an advocacy group or a govt. body and you have properly notified the LL of this.

Additionaly:

§ 5321.04 Obligations of landlord.
(6) Supply running water, reasonable amounts of hot water and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection;