DEFENSE TO THE EVICTION NOTICE

April 7, 2023

DEFENSE TO THE EVICTION NOTICE

This is in defense of the three-day eviction dated March 21, 2022, that orders the tenants to leave the premises within three days or else an eviction notice will be initiated against them, and the notice to vacate the premises for non-compliance with the lease agreement dated February 15,  2022.

The tenants are a family of three of Asian descent who have lived at Springs in West Chester apartments for five years. Contrary to what has been depicted in the landlord’s advocate correspondence, the tenants have been discriminated against by being allocated unsuitable units in the apartments. Their complaints about repairs were ignored; worse still, they have been asked to pay for the expenses related to the repairs. This is contrary to what has been stated in the correspondence that the tenants have been problematic to their noisy neighbors.

Further, the tenants have made complaints to the landlord about noisy upstairs neighbors, to no avail. The management of West Charter Apartments has persistently ignored the tenants’ claims by even accusing the tenants of being crazy for raising complaints.

The Landlords and the Management have, in many instances, violated the Ohio Revised Code Section 5321.02 9 (A), which states that a landlord may not retaliate against a tenant by increasing the tenant’s rent, decreasing services that are due to the tenant, or brining or threatening to bring an action for possession of tenant’s premises because: (1) The tenant has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that applies to the premises, and the violation materially affects health and safety; (2) The tenant has complained to the landlord of any violation of section 5321.04 of the Revised Code; or (3) The tenant joined with other tenants to negotiate or deal collectively with the landlord on any of the terms and conditions of the rental agreement. The landlord has been in contravention of this Act as they have increased rent unfairly to $ 500 without necessarily improving the condition of the premises.

Further, the management has racially discriminated against the tenants by allocating their premises against their wishes and needs. For example, Jong Kim, the tenant, is above 60 years old and has a lump on the back of his knee, which makes it difficult for him to go up and down the stairs. Despite his age and health complications, the management required them to move to the second floor. Moreover, the manager has repeatedly implied that they cannot understand the tenant’s communication because of his accent. Attention should be drawn to the fact that the tenant has been living in the US for over 20 years, and his English is not perfect, but other people have not had any difficulty comprehending the tenant.

Please note that the landlord and the management have breached the lease agreement, which requires them to serve a 30 days notice to the tenants to allow them to find a new place to relocate.

The tenants, therefore, request they be granted more time to live on the premises until their lease expires. Further, the $ 300 eviction filing fee will be waived, and the three-day eviction notice will be rendered illegal and in contravention of the tenants’ rights.  

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