When a Death, Crime or Hoarding Case Happens in a Rental

Who is responsible for what

Rental housing across Hamilton and Montgomery counties ranges from Over-the-Rhine walk-ups and Clifton student apartments to Dayton doubles, Middletown duplexes and rental farmhouses in Clinton County. The basic split is similar in all of them: the landlord owns the structure, and the tenant owns what is inside.

That means removing contaminated flooring, cleaning walls and treating odor in the unit are normally the landlord's job, while the tenant or the tenant's estate decides what happens to furniture, clothing and keepsakes. Insurance usually follows the same line, with the landlord's policy covering the building and a renters policy covering belongings.

What Ohio's landlord-tenant law says in broad terms

Ohio Revised Code chapter 5321 governs most residential leases in Cincinnati, Dayton and the surrounding towns. Section 5321.04 lists the landlord's obligations, which center on keeping the unit fit and habitable, following housing and health codes, and keeping shared areas safe and sanitary. Section 5321.05 lists the tenant's obligations, which center on keeping their own space safe and sanitary.

The chapter also has rules about entering an occupied unit, handling security deposits, and what tenants can do if a landlord fails to make needed repairs. Read the current text on the state's codes website, or ask a lawyer, before relying on a specific section. Legal aid groups in the Cincinnati and Dayton areas help tenants with these questions.

Steps for landlords after a death or crime in a unit

First, wait for release. Police, sheriff's deputies and the coroner's investigators control the scene until they finish. In Hamilton County, the coroner's office in Blue Ash can tell you how the release of the person and belongings works; in Montgomery County, the office on West Third Street in Dayton can do the same.

Then protect the unit and the neighbors. In a Norwood two-family or a Five Oaks double, shared walls, ductwork and basements can carry odor to the other unit. Close the affected unit, shut off shared air handling if you can, and let other tenants know in plain terms that cleanup is being arranged, without sharing private details about the person.

A landlord's working list

• Confirm with police or the coroner that the unit is released.
• Change or secure the locks, and record who has keys.
• Photograph the unit before anything is moved.
• Notify your landlord or dwelling insurer and get a claim number.
• Contact the tenant's next of kin or estate representative about belongings.
• Arrange biohazard cleanup for the affected areas, then repairs.
• Keep every invoice for insurance and the tenant's final accounting.

The tenant's belongings and the lease

When a tenant dies, their belongings become part of their estate. Before throwing anything away, try to reach the family or whoever is handling the estate, and give them a reasonable chance to collect items. Some families in Warren, Greene or Clark County will want a cleanup company to remove only the contaminated items and leave the rest for them to sort.

Whether the lease ends at death, what happens to rent for the rest of the term, and how the security deposit is handled can depend on the lease and Ohio law. If the estate is opened in a county Probate Court, the appointed executor or administrator is usually the person to work with. A lawyer can explain options in a contested situation.

If you are the tenant

If a crime happened in your apartment in Avondale, Riverside or anywhere else, the landlord is usually the one to arrange cleaning and repair of the unit itself. Tell the landlord or property manager in writing, and keep a copy. Your renters policy may help replace your damaged belongings and may help with temporary housing if the unit cannot be lived in.

If you were the victim of a violent crime, Ohio's victims compensation program, run through the Ohio Attorney General's office, may pay back eligible costs of cleaning the scene and of safety fixes such as a new lock, with a $750 ceiling on that pair. It is a reimbursement, so keep receipts.

If you notice a strong, unexplained odor from a neighboring unit in a Hamilton or Springfield building and cannot reach the neighbor, call the landlord, and if you are worried about the person, call the police non-emergency line or 911. Do not try to enter the unit yourself.

Hoarding in a rental

Hoarding is harder because the tenant is alive and still has rights under the lease. A landlord in Dayton, Fairborn or Cincinnati who sees blocked exits, pests or sanitation problems during a properly noticed inspection should document them in writing and photos, explain what needs to change, and set a reasonable timeline.

Inside Cincinnati, the city Health Department takes housing complaints; in Dayton and other towns, ask the city or county which office handles unsanitary conditions. If a Fairborn or Price Hill renter past 60 seems unsafe in the unit, a report to the county's Adult Protective Services caseworkers can bring a home visit. Our hoarding guide has more on that.

A cleanup company can work with the tenant's consent on a phased clean-out, which often keeps the tenancy going and avoids an eviction. When a hoarding case ends in a move-out or eviction, the landlord usually pays for clearing and cleaning the unit, then may seek costs from the tenant under the lease and Ohio law.

Getting a cleanup provider for a rental

Property managers with units in several counties should route by where the unit is. A duplex in Hamilton or Butler County, a house in Warren, Clinton or Brown, or a unit in the four edge ZIPs (45140, 45122, 45135, 45142) belongs on (513) 962-0944. North of the Butler and Warren line, units in Dayton and the Miami Valley counties, along with the covered Logan, Union, Madison and Fayette ZIPs, go to (937) 200-8811. A rental in Milford, Batavia, Hillsboro or Bellefontaine is outside this line's coverage.