Cleveland Criminal Complaint for High Grass and Weeds

[Mary Paras]

Hi, I got a "criminal complaint" (misdemeanor) from Cleveland Municipal court because my property in Cleveland has "High Grass and Weeds".

I pleaded Not Guilty because the PM confirms it is the tenant's responsibility, and I want her to be accountable.

The Cleveland Court said I have to get an attorney because the home is owned by an LLC. The only reason it's in an LLC is because I used a Self-directed IRA to buy it.

If you know a good and reasonably priced RE attorney for Cleveland, please provide his/her contact info.

Or if you experienced this before, please let me know what you did or wish you did so the outcome would be best for us landlords.

Thanks you!

[Joe Splitrock]

@Mary Paras in my city the property owner is liable for mowing the grass and meeting other city ordinances. This holds landlords accountable for maintaining their property. We usually get a courtesy notice the first time, then are given a few days to remedy. If we don't remedy, the city does it and charges the owner.

Looking at Cleveland city ordinances, it appears they have a similar policy of requesting the owner to remedy or they will remedy and charge the owner. They also mention criminal action, but it seems logical that would be an escalation. Meaning if you were sent notice and didn't remedy or if the problem became reoccurring. 

Either way, you are fighting this with the wrong approach. Legally speaking the high grass and weeds are not your tenants responsibility. According to city code it is your responsibility. Your lease may make it their responsibility, but ensuring they fulfill that responsibility is your responsibility. 

My advice, at first notice of any city violation, remedy immediately - that day. Contact the city, apologize and let them know it has been remedied. Put the tenant on notice and check up on them to ensure they are not letting the problem happen again.

https://codelibrary.amlegal.co...

Misdemeanor is pretty harsh, so it leads me to believe this is not the first offense or they are trying to crack down on out of state investors. You have a right to invest there, but not a right to let your properties go to crap in the process.