How long is a landlord required by Ohio law (or any law) to give tennants to get their belongings from the home before demolition? My in-laws lost everything they owned to a house fire that was caused by faulty wiring. The landlord waited for less than a month, and tore the house down before we were able to salvage the few items at the back of the house that had not burned. Is that legal?
2006-07-09 06:05:59 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
For those of you who have asked, yes, they were insured. Unfortunately, you never have enough insurance.
Oh, and another update. We were there today and the landlord told my husband that, even though last weekend (when we'd plan to go out and get the rest of the belongings) was spent with me in the hospital having cramping and bleeding associated with a miscarriage (I'm in my first trimester) my husband should have left me in the hospital and gotten out there because we were inconveniencing his time. If you rent in Clinton County, Ohio, let me know. You don't want to rent from this idiot.
2006-07-09 11:55:46 · update #1
One more thing: we specifically gave the landlord a date that all property would be removed, and we kept to that date. The landlord had all contact information for us and my in-laws, but he chose to demolish the property sooner.
There wasn't much left in the house, but my in-laws literally got out with only their underwear. LITERALLY. We were hoping to salvage something. The cause of the fire is "undetermined, but not arson." The fire chief believes that it was electrical in nature, and the landlord did not have the electricity inspected even though there were some issues in the house that were reported prior to the fire.
2006-07-09 13:10:37 · update #2
This may give you some insight.
Ohio Landlord-Tenant Statutes
http://www.megalaw.com/oh/top/ohlandlord.php
Ohio Tenant Landlord Facts (pdf format)
http://www.ci.fostoria.oh.us/forms/fairfacts.pdf
2006-07-09 06:19:23 · answer #1 · answered by Private Eye 3 · 0⤊ 0⤋
The landlord was probably forced by the city to clean up the remains ASAP, for safety issues to the public. I would say this probably falls into a civil matter rather than 'tenant rights'. I know that your local library probably has a book on tenant rights for your state. Take a couple hours some evening, (take a pen & notebook with you), just in case you can't check it out, & see what it says. All states have different laws. If all that was left were a few salvagable items, you might want to let it go. Hiring a lawyer may not be logical. Hope this helps!
2006-07-09 13:16:33 · answer #2 · answered by Nancy L 4 · 1⤊ 0⤋
Wrong question. The landlord was probably given an order by the housing or health inspector to demolish it. If your in-laws "forgot" to tell the landlord where they went and did not ask in timely fashion to be allowed to retrieve what they could (and this would be the inspectors' decision, not the landlord's), then they really have no cause to blame the landlord. All the belongings should have been covered by insurance, although if the in-laws did not bother to have renter's insurance, whether it was covered by the landlord's insurance will depend on how the fire started.
2006-07-09 13:23:32 · answer #3 · answered by thylawyer 7 · 0⤊ 1⤋
The landlord has no right to demolish a building unless he has sought out a warrant, or approval from the municipal / state government.
Otherwise, the tenant may sue for financial losses, personal injuries, or / and apologies.
What the landlord has done may or may not be legal depending on whether or not he's had permission from your local authority to demolish anything.
Time is not a factor in this civil case.
2006-07-09 13:10:34 · answer #4 · answered by WhisperBlade 2 · 1⤊ 0⤋
I am not sure about Ohio law but the landlord should have told the other party that the house was scheduled to be torn down. Did they tenant insurance on their belongings? They can try to take the landlord to court but without proof of what was there, they may not win . . . speak to an attorney
2006-07-09 13:11:59 · answer #5 · answered by wfgrg15001 3 · 1⤊ 0⤋
Looking at the wrong claim. They need to find out all they can about the fire and the origins of it and was the landlord negligent in maintaining the residence. They can then file to recover their losses in a civil suit. Contact a lawyer this one would be a contingency fee case. Landlords insurance would cover any damages due to landlords fault.
2006-07-09 14:18:09 · answer #6 · answered by frankie59 4 · 1⤊ 0⤋
Either contact the Department of Housing and Urban Development in your State for a copy of the Landlord/Tenant Act or go on line to HUD.gov and research your State for on-line information regarding the statues in your State. Each State is different. Know your rights.
2006-07-10 12:46:34 · answer #7 · answered by gnateleeagain 3 · 1⤊ 0⤋
Ok, there was a fire, the house damaged to the point of not being livable. They were living somewhere else.
And they left stuff in the house for more than a day or two ???
come on, the house owner had liablity of a dangeroius buidling and a need to tear it down. Anyone would have assumed within a week fo the fire, if you had not gotten it out of the house you really did nto want it? be realistic
2006-07-09 16:46:20 · answer #8 · answered by Anonymous · 0⤊ 1⤋
The law may differ where you are, but where I live (not Ohio), the landlord has thirty days, but has the right to dispose of any material that is a health or safety hazard right away. You may need to speak to somebody who is knowledgeable about your own state law about this rather than asking international participants on Yahoo! first.
2006-07-09 14:22:33 · answer #9 · answered by Angela B 4 · 1⤊ 0⤋
I'd think that the landlord would prevail in a court on this one. His argument would be, "Judge, the tenants had almost a month to get their stuff. The building was a hazard, and I waited as long as I could."
2006-07-09 13:08:41 · answer #10 · answered by Stuart 7 · 0⤊ 1⤋