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Updated over 5 years ago on . Most recent reply

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399
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Patrick Menefee
  • Real Estate Coach
  • Charlotte, NC
341
Votes |
399
Posts

Will a maintenance request impact a pending eviction?

Patrick Menefee
  • Real Estate Coach
  • Charlotte, NC
Posted

I inherited tenants on month to month leases and notified a tenant that I would not be renewing. They did not leave, so the eviction was filed today. Ironically, the same tenant filed a maintenance request today for a door knob falling off. Should I address this request despite the pending eviction? Should I wait? Will taking one action or the other impact my pending eviction? Thanks!

Most Popular Reply

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9
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13
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Rob Rothman
  • Real Estate Broker
  • Dayton, OH
13
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9
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Rob Rothman
  • Real Estate Broker
  • Dayton, OH
Replied

Since you will need to repair the doorknob eventually why not do it now and use this as an excuse to document the condition of the property in case the tenant tries to make allegations regarding maintenance. In Ohio the courts tell the tenants that the condition of the property is not an affirmative defense to an eviction for non-payment of rent. The same holds true for an eviction when the tenant has been given a notice of non-renewal.

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