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I rent a condo from my ex-husband and have been for 2 years now. Over the weekend, the A/C unit seized up and he called a repairman. The bill is $390 for the repairs. He is claiming that I must pay it due to the fact that I failed to maintain the A/C unit, stating that it is covered in our lease agreement under Tenant's Maintenance Responsibility, Clause 11 (4) "Tenant will reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant's guests or business invitees throughmisuse or neglect."I believe I am responsible for the cleaning and maintenance of such a unit as the tenant and, as such, not then liable for the $390. Please advise. Thank you very much!Mary BroermanCincinnati, OH
Optional Information: Country relating to Question: United States State (if USA): Ohio
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Just to be clear, the lease does not specifically mention the air conditioner?
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Sorry. I didn't realize we we in a chat. I dont' have the lease agreement with me right now but I do not believe it specifically mentions the A/C unit, no.
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This is an obligation that would have to be specifically delegated to you. The following is the statutory list of landlord obligations: http://codes.ohio.gov/orc/5321.04:
5321.04 Landlord obligations.(A) A landlord who is a party to a Rental Agreement shall do all of the following:(1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety;(2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;(3) Keep all common areas of the premises in a safe and sanitary condition;(4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by him;(5) When he is a party to any rental agreements that cover four or more dwelling units in the same structure, provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of a dwelling unit, and arrange for their removal;(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;(7) Not abuse the right of access conferred by division (B) of section 5321.05 of the Revised Code;(8) Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.(9) Promptly commence an action under Chapter 1923. of the Revised Code, after complying with division (C) of section 5321.17 of the Revised Code, to remove a tenant from particular residential premises, if the tenant fails to vacate the premises within three days after the giving of the notice required by that division and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant’s household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in that division. Such actual knowledge or reasonable cause to believe shall be determined in accordance with that division.(B) If the landlord makes an entry in violation of division (A)(8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney’s fees, or may terminate the rental agreement.
Furthermore, Section 5321.13 prohibits you being able to waive this obligation. (A) No provision of this chapter may be modified or waived by any oral or written agreement except as provided in division (F) of this section.(B) No warrant of attorney to confess judgment shall be recognized in any rental agreement or in any other agreement between a landlord and tenant for the recovery of rent or damages to the residential premises.(C) No agreement to pay the landlord’s or tenant’s attorney’s fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant.(D) No agreement by a tenant to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or its related costs shall be recognized in any rental agreement or in any other agreement between a landlord and tenant.(E) A rental agreement, or the assignment, conveyance, trust deed, or security instrument of the landlord’s interest in the rental agreement may not permit the receipt of rent free of the obligation to comply with section 5321.04 of the Revised Code.(F) The landlord may agree to assume responsibility for fulfilling any duty or obligation imposed on a tenant by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section.Effective Date: 08-22-1990
In short, that means that the landlord cannot delegate those responsibilities (of keeping the air conditioner in good working order) to you. So you had no obligation to maintain the AC unit under the lease OR under Ohio law, and even if the lease specifically said that you were to maintain the unit, it would be an unenforceable clause (because the landlord cannot delegate this duty to you).
In any event, you can make your ex repair this at his own expense, because you have neither statutory nor contractual obligation to do os.
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Thank you very much for this information. It was very helpful. (Sorry, I'm on a conf call a that same time!)
That's okay, and my pleasure. Again, I wish you the best of luck here!
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