Ongoing Water Intrusion and Flooding
landlord tenant attorney Ohio Aug 11, 2026
Location: Ohio My girlfriend and I moved into our first floor apartment in the Columbus/Worthington, Ohio area at the end of May. Our lease runs through next June. We have been dealing with ongoing water intrusion and flooding that management has not adequately resolved. We first reported the issue 32 days ago, on July 10. Maintenance came into the apartment once at that time, and that has been the only time maintenance has physically entered the apartment regarding this issue. Management has never entered the apartment to inspect or address the problem. During rain, water comes up through the grout and flooring in our bedroom and living room. The outside ground around the apartment is approximately at window level. A few weeks after our initial report, we contacted management again and were told they were waiting on a roofing estimate because they believed the issue was related to the roof and downspouts. We explained that water was actively coming up through the floor. I reported the issue again yesterday after another significant water intrusion. A maintenance request was created, but it has not been assigned. We have now been dealing with active water intrusion for almost 24 hours. I also previously found what appeared to be mold or black spotting on a baseboard in the same general area affected by the water intrusion. I notified management, and they sent me the Water Infiltration, Moisture and Mold Addendum from our lease. I followed the instructions and cleaned the area. Management has never entered the apartment to inspect the alleged mold or the water damage. The current flooding has become extremely disruptive. My animals have been getting soaked from the water coming into the apartment. I have had to call out of work because of the situation. We have also gone through essentially all of our towels trying to keep up with the water, so we now have to purchase more towels and take the used ones to a laundromat to wash and dry them. We have asked management if they would simply mutually terminate our lease and allow us to leave so that we do not have to continue dealing with this. They refused and told us there was nothing they could do to mutually end the lease. We are not trying to get out of the lease simply because we are unhappy with the apartment. We genuinely want the water intrusion fixed. However, we have now been reporting this for 32 days, maintenance has only entered the apartment once, and the problem is still actively occurring during rain. We have documentation of our communications, maintenance requests, photos and videos, and the ongoing water intrusion. I am also currently consulting with an attorney, but I would like to understand my rights under Ohio landlord and tenant law. My main questions are: - What are our rights when a landlord has known about recurring water intrusion and flooding for 32 or more days and the underlying issue still has not been fixed? - Does water actively coming up through the floor and grout potentially make this a habitability issue? - What should we be documenting while this is happening? - At what point could this justify rent escrow, withholding rent through the proper legal process, lease termination, or other remedies? - Since management has refused to mutually terminate the lease, are there circumstances where we could legally terminate it due to the unresolved water intrusion? - Could the landlord potentially be responsible for expenses or damages resulting from the flooding, such as towels, laundromat costs, or other losses? - What should we do right now while water is actively entering the apartment? We are exhausted and frustrated. I am trying to handle this properly and legally, but this has reached the point where it is affecting our daily lives, our animals, and my ability to work.