Landlord and Tenant Disputes Can be Complex

Lorain, OHLandlord-tenant disputes over housing can often be acrimonious. Sadly, many tenants don't know their rights—and in most situations the tenant has a much deeper basket of rights than the landlord. For any tenant who feels victimized by an overbearing landlord, it's important to know your rights in an effort to properly address the issue at hand, as well as to adequately defend your position.

There will always be disputes. Such disputes are not limited to the housing sector.

In Lorain, Ohio the proprietors of a restaurant known as 'Dimacchia's on the Corner Restaurant and Bar' is in dispute with the owner of the building. According to a recent account in the Chronicle-Telegram, Nick and Tony Dimacchia opened their restaurant in June of last year. Rent to landlord Gerald Mielcarek was to be $600 per month. As part of a purchase agreement with the building owner, with an oral lease in effect until the two sides could come to an agreement on the price for the building.

The two sides ultimately could not come to an ammicable conclusion. An initial offer made by the landlord was considered far too high in relation to the perceived worth of the building. A subsequent offer by the restaurant operators was deemed unacceptable by the owner.

In the meantime there were issues at play with the building. According to the newspaper report Mielcarek was indebted to the city's Community Development Department for $45,701 with regard to unpaid loans. The latter wanted to foreclose. It was also revealed that the landlord had not paid the water bill and was in arrears for two months.

The tenants, fearful that the utility would shut off the precious water supply to their restaurant, took two months' worth of rent money and paid it directly to the utility, in an effort to secure water for their business.

The owner viewed the diverted rent money as unpaid rent. He claims to have sent the tenants a three-day eviction notice the tenants claimed they never received.

Earlier this month the restauarant owners went to open their premises for business only to find the locks changed and the windows papered over.

Sometimes residentuial disputes can be just as complex. For the landlord, it's important to know exactly what your rights and liabilities are as a landlord. Undue and unfair pressure placed on a tenant unjustly could result in a legal response. Knowing the specific rights and freedoms of a tenant would also be wise.

For the tenant, a thorough working knowledge of your rights will help you gauage whether a landlord is acting unfairly.

For both sides, a qualified attorney would prove most helpful and would represent a wise investment.