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Constitution 101: Your Rights and Rental Housing Inspections

Sep 11, 2017

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Updated with current information for 2023

Knock knock, it’s inspection time!

City code requires that rental housing in Athens Ohio be inspected every 16 months. Your landlord will typically notify you of a city housing inspection roughly a month in advance, although legally only 24 hours notice is required.

Yet contrary to popular opinion, neither city code inspectors nor the landlord is your mother, so they can’t simply burst in without your consent. Thank your lucky stars. In the good ol’ USA, even the cops can’t just invite themselves over to dinner unless they have a warrant or probable cause.

Federal Court Rules on the Side of Tenants

For the most part, the courts have the tenants back. In 2015, a federal district court judge found that regulations for rental properties in Portsmouth Ohio violated tenant and landlords’ Fourth Amendment rights.

As the Athens News explained:

“(Property owners) argued that the Scioto County city’s rental property code violated their constitutional rights to due process and against warrantless searches. The property code was updated soon after the property owners sued, but Dlott still ruled on the city’s former regulations, saying that “it is undisputable that the RDC (property code) affords no warrant procedure or other mechanism for pre-compliance review… The owners and/or tenants of rental properties in Portsmouth are thus faced with the choice of consenting to the warrantless inspection or facing criminal charges.”

Still, that doesn’t mean you can permanently forgo an inspection because you refuse to put pants on. When push comes to shove, the city can mandate an inspection through proper legal procedures. Hopefully that gives you enough time to find your clothes. Hint, have you checked behind the couch?

The Role of Athens Code Inspections

Navigating the rental market in Athens, Ohio, can feel like a complex labyrinth. From searching for the perfect two-bedroom apartment close to campus to signing your first lease for that uptown loft on Court Street, it’s crucial to stay informed about the inspection process. 

The city of Athens has a robust code inspection and enforcement program in place to ensure rental properties meet the appropriate safety and habitability standards. Apartments, houses, and especially student rentals are subject to these regulations, and Athens’ enforcement teams play a significant role in upholding these standards. 

Let’s dive deeper into what these code inspections entail. For every residential dwelling, inspectors will check a variety of components, including the condition of the structure, plumbing, heating and cooling systems, and electrical systems. They also look for adequate ventilation, light, and sanitation facilities. Any evidence of pest infestations or other health hazards will be noted. 

If violations are found during an inspection, the landlord is required to make the necessary corrections. Failing to do so can lead to penalties, including fines and even legal action. If you’re a student in a rental close to campus or a resident in an uptown Athens apartment, it’s essential to understand this enforcement process to ensure your living conditions are up to par. 

It’s Not All Serious: Adding a Personal Touch to Inspections

But let’s lighten the mood a bit. Not all inspections are doom and gloom. Just think: you can use this as an opportunity to show off your studio apartment that you’ve painstakingly decorated or the lovely house with a view you lucked into. 

Perhaps your unit is the coziest three-bedroom apartment on Court Street, or maybe you have the coolest retro six-bedroom house in the uptown area. Either way, the inspectors aren’t there to critique your design choices – but that doesn’t mean you can’t take a little pride in your place! 

Keeping it Fun: Inspections and College Life

A common misconception is that inspections are a nuisance, especially for college students juggling studies and social lives. While there’s no denying that a surprise inspection might disrupt your schedule, remember: these inspections are meant to keep you safe. Think of it as a much-needed break to clean up your apartment close to campus or to finally organize that pile of clothes in your four-bedroom house.

Also, remember those surprise visits from family or parents weekend during your freshman year? Just like those, these inspections can be an opportunity to show off your newfound independence and responsible living habits. 

Embracing the Inspection Process

While inspections can seem intimidating, remember they’re a standard part of renting. Whether you’re living in a chic uptown loft or a house with a view, you have rights, and the inspection process is designed to protect you. 

Don’t shy away from engaging with your landlord or the city of Athens about any concerns you have regarding inspections. After all, it’s not just about living in a trendy uptown area or having a spacious apartment close to campus. It’s about ensuring your living space is safe, comfortable, and up to code. 

And who knows? Maybe the next time an inspector knocks on your door, you’ll be ready to show off your place and pass the inspection with flying colors! 

So keep that living room tidy, regularly check your smoke detectors, and remember to enjoy your time living in one of the beautiful rental properties Athens has to offer.