A 74-year-old disabled Marine Corps veteran who has rented at Lila Chateau Apartments in Milford for a decade says he received an eviction notice about a month after he reported flooding and unsafe conditions to the local health department.
Richard Malloy told WCPO that several inches of rainwater entered his ground-floor unit during recent storms, damaging the flooring and roof and raising concerns about mold growth that he says has contributed to breathing problems. He said he has paid rent on time throughout his 10-year tenancy.
The property's initial fix was temporary. Malloy told WCPO management placed sandbags along his sliding door and installed a water pump outside.
When those measures failed to stop the water, Malloy contacted Clermont County Public Health to inspect the property. About a month later, he received a notice to vacate.
Management says repairs are underway
Lila Chateau management told WCPO it has taken steps to address the problems, including replacing damaged decks, removing impacted carpeting and working with the health department to resolve reported concerns. The complex at 2 Chateau Place is managed by D & P Communities, Inc.
The Chronicle was unable to independently confirm what violations, if any, the health department cited during its inspection, or whether any enforcement orders were issued. Clermont County Public Health investigates mold, water leaks and heating complaints at rental properties and can be reached at 513-732-7499.
State law on retaliatory evictions
Nick DiNardo, managing attorney for Legal Aid of Southwest Ohio's Housing Practice Group, said Ohio law allows either party to end a month-to-month tenancy with 30 days' notice and no stated reason. But Ohio Revised Code Section 5321.02 draws a line: a landlord cannot evict, raise rent or cut services because a tenant reported a health or safety violation to a government agency.
"I find that timing very troublesome," DiNardo told WCPO on Wednesday, Aug. 5. "This person was a longtime tenant who lived there a long time, and the landlord only decides now—after that person complained to the health department and appeared in the news—that they want to end the tenancy."
If a court finds the eviction retaliatory, the tenant can use that finding as a defense, recover possession of the unit and seek actual damages plus attorney's fees under state law.
Gap in local protections
Milford has no local ordinance strengthening the state's anti-retaliation protections. Cities including Cleveland, Columbus and Euclid have adopted enhanced tenant safeguards, but month-to-month renters in Clermont County rely on state law alone.
What's next
No eviction hearing date has been publicly confirmed.
Whether Malloy's case proceeds to Clermont County Municipal Court depends on whether he contests the notice. Tenants facing similar conditions can request a housing inspection through Clermont County Public Health's Fair Housing Program at 513-732-7286, Monday through Friday, 8:30 a.m. to 4 p.m.
