Although Athens landlords are cited for housing-code violations in more than 60 percent of inspections, Ohio University students are not using lawsuits to get the problems fixed.
In a random sample of 32 rental properties done by The Post, 22 properties had violations reported during the most recent inspection. These violations included discharged fire extinguishers, missing smoke alarms, damaged doors, clogged gutters, holes in walls and improper electrical wiring.
However, students have filed only five civil lawsuits against two of Athens' better-known landlords -John Wharton and Pam Hines -in the past year.
Patrick McGee, managing attorney for the Center for Student Legal Services, said it is inconvenient for students to file civil lawsuits because they must return to Athens for all the court proceedings.
Because students leave town soon after their leases expire, some landlords feel no threat in keeping more money on security deposits, McGee said.
It's more a question of convenience
he said. The landlord will rely on that fact (that students are leaving) and will use very questionable means to determine the amount of deposit to be returned or in other words steal the deposit.
But in some cases, students are winning suits in court or settling out of court.
OU senior Mark Pettyjohn and four of his housemates from 10 N. High St. decided to sue Wharton in October after Wharton tried to withhold the security deposit.
The time came for us to move out and get our deposit back
and they low-balled us on all this stuff
Pettyjohn said. (Wharton) tried to charge us for stuff that was already broken when we moved in. The guy was just totally unreasonable to deal with.
As with any case involving a withheld security deposit, Pettyjohn and housemates sued for double damages -slightly more than $1,000.
The group ended up settling out of court for $1,000 with Ron DeLuca, the property owner.
The thing that kind of sucked is that it didn't go on Wharton's record
said senior James Ross, who also lived in the house. I would do anything to have his license revoked.
Wharton said he could not remember Pettyjohn's specific case, but he did not consider two lawsuits in a year problematic.
(Students) have a free attorney
and we don't end up in court more than twice? Wharton said. I think I'll let our record speak for itself on that one.
OU senior Jacki Namestnik won a court decision against her landlord, Hines, but the case is now in the appeals process.
Namestnik said when she moved into the apartment at College Park Condos, 247 W. Union St., there were cat toys behind the refrigerator, clothing behind the washer and dryer and fingernails embedded into the carpet.
We got the apartment
and it was in horrible condition
she said. We would walk around
and our feet turned black from the carpet.
Namestnik said when she moved out, Hines tried to withhold the security deposit. Namestnik took Hines to court and won a judgment of $626.47, though some money was deducted to pay for legitimate withholdings on the security deposit.
Hines now has appealed the case but said the judge does not generally favor landlords in legal disputes.
I gave everything someone can give to prove that the students left the house dirty
Hines said. I still did not win. The judge I don't believe is in favor to the landlords because don't forget -students vote for judges.
Hines also said that many times the landlords get code violations for student-induced damages.
There is a lot of things the tenants do that we get blamed for
