Dear BP freinds we have a upstairs and downstairs duplex and the situation is a mixture of lease termination and bug issue. Both units were rented out last May. Our lease says After the first 10 days of the Term, Tenant shall have sole responsibility for pest control, including, without limitation, prevention and remediation. And there is no pest seen or mentioned on the move-in inspection report. A while back during our routine inspection, the DOWNSTAIRS tenants told us they saw roaches. There was a water leak in the kitchen sink so there was standing water in the basement. We told them they were responsible for pest control per lease and we did fix the leak. We later followed up with them about roaches and they said no more roaches. 3 months later the UPSTAIRS tenant told us he saw a roach. We told him the same per lease. Same day he asked us if he could renew the lease (even agreed about the $ 30 rent increase) but 2 weeks later a PM contacted us to verify info because he applied for another apartment. His lease with us ends end of May. We told him if he broke the lease, he is still responsible to pay rent for the reminder of the lease term. No response till...

10 days later today he sent us a long message claiming "roaches are not his fault but downstairs tenants' fault and we as landlord have not taken any actions either so made the place uninhabitable. Therefore, he has every reason to break the lease now but aware that we can keep his deposit. However, if we can find another tenant within 14 days of his vacating, we have to return the deposit to him. So we either terminate his lease end of March and keep his deposit or he will contact city officials to discuss the unsanitary living conditions that we force him to live in. "

Questions:

1. If the lease says tenants are responsible for the pest control, is landlord still on the hook to take care of it? We are in Ohio. Correct me if I am wrong, I don't believe there is any specific law about it.

2. I assume tenants can break the lease if the answer to # 1 is yes? If that is the case, we are okay to let him break the lease. But what about the 14 day thing? Do we have to return the deposit to him if we find another tenant within 14 days?

There are 3 tenants' issues all going on today so it is one of those days that we would need some encouragement and maybe some wine?! Drive us crazy! What would you guys do in the situation? Thank you very much for any input!

Robin Evans

Dayton, Ohio

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