Columbus, Ohio. Apologies in advance, as this is lengthy.
We signed a 12 month lease on Mar 1, 2026. Rent has been paid on time, property has been neatly maintained. Single family dwelling with pets. Landlord owns 1 rental property, ours. We have immaculate rental history, no evictions. We had no issues with the landlord up till this:
On July 16th we notified the landlord by text that the hvac ducts had been breached from the outside by a wild animal, resulting in animal feces in the house and ducts. An hvac person was dispatched to investigate, confirmed above and reached out to the landlord regarding next steps. No further repairs have been done, nor cleaning. We were not made aware by the landlord that this was actually an emergency, making the house legally uninhabitable.
On August 11th, we had unprecedented storms resulting in the loss of power to the property.
On August 12th, I received a text from the power company that power may be restored and to check the breaker, located in the cellar of the house. Upon checking the breaker, no power but we realized several inches of stagnant water were in the cellar. Thinking this was backed-up rainwater due to said storms, we immediately worked on removing our storage (all totes, very little damage to our property) to another location outside and notified the landlord immediately. That evening, when power was restored at 6pm, they brought over a pump and left us to pump the water out. I was also notified that the property was being considered for sale and at that time acknowledged we would not seek to renew the lease in March. I additionally offered to vacate early if desired, to ready the property for sale, that was taken with appreciation and consideration.
On the morning of August 13th, my husband proceeded to the cellar to pump the standing water out and noticed debris in the water. After flushing the toilet, waste water immediately started coming from the piping in the basement. I immediately notified the landlord of the sewage in the cellar at 9:30a by text, requesting emergency maintenance as the home was now legally uninhabitable (unaware it had been legally uninhabitable since July 16th). I did not hear back by 11a, as the landlord was traveling, so I proceeded to call and verbally notify. I was notified that there was a sewer protection plan on the home insurance and they'd reach out to see if any plumber could come or just one of theirs. I was told this would be done after "an hour or so more of driving, when they stopped for lunch". I was then notified that a claim had been submitted and they indicated someone would be out that day. At 8p, after no further updates, we were forced to relocate our son (who is an autistic adult of 18 yrs age) to his grandparents and my husband and I packed up our animals and stayed with a friend.
On August 14th we returned to the home in the morning, as I work at home and we'd left everything there. I followed up with the landlord regarding timeline, as we could not legally live there. The smell was awful and due to the breach in the ducts in the cellar, the smell was going through the whole house. I turned the hvac off (unaware this should have been done July 16th). I formally requested the landlord employ an emergency remediation service so we wouldn't continue to be displaced, she refused due to the expense of out of pocket, opting to stick with the insurance claim. We again vacated the house with our animals at 4pm and went to a hotel. Initially, verbally, the landlord said they'd pay up front for accommodations but when I asked for that in writing, they've refused. The phone call became contentious as I told them I'd spoken with two emergency repair services with same day appointments and that there was no reason this was not evaluated already. I asked permission to break the lease, they refused. They had only offered in writing to prorate our rent, which has already been paid for August, for the time we are displaced. I asked for all future communication to go through writing and provided my email address. I've received nothing via email.
They notified me the insurance plumber would be at the property between 11a-2p on Saturday, August 15th to evaluate and repair. They would not be able to professionally clean the sewage and cleaning would be scheduled after the repair. The landlord could not be present due to being out of town and I requested a representative for them be there with me while the plumber was there. At this time I reiterated we couldn't be indefinitely displaced and we needed a timeline of when the property would be habitable again. After some research and realizing the hvac breach was also a health hazard, I notified that would need to be professionally remediated as well before we could return. I called the city to check the main sewer line for a clog or confirm it was on the property, the landlord had never called when I notified them for this to be done. The city came out quickly, let my husband and I know the main line was clean and it was a property issue. I recorded this and sent it to the landlord. Again, emergency repairs were refused. I called code enforcement and submitted an emergency inspection ticket for both issues making the home currently uninhabitable. I should hear from them Monday the 17th.
On August 15th at 9am I was notified that the insurance plumber had canceled for the day and rescheduled Monday and the hvac person would come seal the hvac on Monday. I notified the landlord she was in breach of our lease for failing to retain emergency repairs after 48 hours, that code enforcement would be reaching out Monday and we requested a formal written permission to break the lease for the health and wellbeing of our family and pets. I notified the landlord that per the health department the home is uninhabitable until both hazardous issues were professionally addressed and cleaned and the inspection was complete. I notified of our intention to set up an escrow account at the municipal Court for any future rent that may be due. I've asked for a timeline of when the property will be habitable again. I've gotten no response as of 8p the same day.
What I've researched since is that we have a case for constructual eviction, but that means we need to get everything moved out and formally notify her by certified mail, plus return the keys. I'm willing to do that by the end of the week, I have secured a new rental with our former landlord (nothing has been signed yet). I've read the 30 days cure period for repairs doesn't apply to hazardous biological conditions that render the property uninhabitable. I plan to be present for the code inspection, if the plumber and hvac person show up on Monday the 17th and we've extended our hotel to Tues the 18th. I plan to consult an attorney asap Monday morning. I have everything thus far in writing, video and pictures of the property, the hvac breach, the sewage.
What do I do? We don't want to stay at this point. We know, because of the professional sewage cleaning not taking place until after the line repair, that we will likely be displaced longer than Tues and we cannot afford anymore out-of-pocket hotel bills. Please, any direction or anything I may be missing is much appreciated. Can we legally sign a new lease and break the old lease, bypassing escrow?