Criminal Activity Nuisance Ordinance

[Brad Babcock]

I like the general idea behind this ordinance, but I have a key question.
The ordinance cracks-down on landlords with problem tenants, but does it give the landlords any help ridding themselves of these tenants?
Can anybody tell me what legal implications this would have for a land-lord that tries to evict a tenant after a couple of police Criminal Activity Nuisance calls? If there is a lease signed, can this be built into the language of the lease?

[Kevin Butler]

Brad, while our chronic-nuisance ordinance, L.C.O. 509.14, does not give landlords assistance with evicting problem tenants on its face, your standard lease agreements can very easily (and most often do) include provisions permitting termination of the lease where the tenants misbehave in violation of the law.

If the lease agreement doesn't contain such a provision, landlords can fall back on Ohio law, which permits evictions of unruly tenants in situations where the tenants fail to abide by local law and fail to permit others the peaceful enjoyment of their property.

That portion of the Revised Code may be found by clicking here.

Kevin Butler
(Ward 1 Council)

[David Anderson]

Thanks for the post, Kevin. Brad raises a question that's always been floating around in my head.

The advise I've received is consistent with Kevin's reply. Any provision or shortcoming exhibited in a signed lease is ultimately superseded by Ohio Revised Code. Neither a tenant nor landlord can sign away their respective rights provided by ORC. When I present a lease to a prospective tenant I often tell them that while we are signing a binding contract we both are provided certain protections by ORC chich cannot be undone by this lease.

C(1) and (2) of Kevin's link seem to spell-out the letter of the law support given to landlords in the event that an eviction is warranted under ORC or Lakewood's Criminal Activity Nuisance ordinance. However, maybe Brad's question was also dealing with the practicality of how this actually works? Once proper notices are delivered I assume the Lakewood Police Department would provide safety, security and possible detainment during any eviction.

[Kevin Butler]

The chronic nuisance ordinance does not call for landlords to evict tenants; as a practicality, however, that would be the most likely way a landlord would "abate" the problem of an unruly tenant once the landlord receives a nuisance notice from the city.

As David explained well, my post was meant to convey the message that landlords have tools beyond their lease agreements with which they can bring an eviction action -- namely, the Ohio Revised Code provisions spelling out how tenants are supposed to act, failing which evictions are permissible.

The eviction process is nearly uniform in all situations, as David I'm sure you're aware: first a proper 3-day notice to leave, then a municipal court case to enforce the 3-day notice, then a court bailiff's enforcement of the judge's eviction order if the tenants haven't vacated. Usually the police are not involved in this eviction process.

[Brad Babcock]

Thank you to both of you for some very good answers.
I had faith that Lakewood would not pass an ordinance saddling people with responsiblity that over-reaches their authority, but I was not sure of the mechanisms involved.