MILFORD, Ohio — A 74-year-old disabled Marine Corps veteran says he is being forced out of the apartment he has called home for the past decade after repeatedly raising concerns about flooding and unsafe living conditions.
Richard Malloy, a resident of Lila Chateau Apartments in Milford, said he believes his eviction is retaliation for reporting ongoing problems to local health officials after weeks of water damage inside his unit.
"I feel like they're being a bully, just trying to get me out," Malloy said.
Malloy said he has lived at the complex for 10 years and has consistently paid his rent on time.
According to Malloy, several inches of rainwater entered his apartment during recent storms, causing damage to the flooring and roof. He also said the repeated flooding has created concerns about possible mold growth, contributing to breathing issues.
Malloy said the property's initial response was temporary rather than permanent.
"Their solution was putting sandbags along my sliding door, and they stuck a water pump out there," he said.
Frustrated with the ongoing conditions, Malloy contacted the local health department to inspect the property. About a month later, he said he received a notice informing him that he would have to vacate the apartment.
WATCH: Elderly disabled veteran says he faces eviction after complaining about flooding
"Here it is a month later, I get a letter in the mail saying I have to vacate the premises," Malloy said.
In response, management at Lila Chateau Apartments said they have taken steps to address the issues, including replacing damaged decks, cleaning and removing impacted carpeting and working with the health department to resolve reported concerns.
Legal experts say Ohio landlords are required to make necessary repairs to keep rental properties habitable, and tenants have the right to report unsafe conditions.
Nick DiNardo, managing attorney for Legal Aid's Housing and Consumer Practice Group, said that under Ohio law, either a landlord or tenant may terminate a month-to-month tenancy without providing a reason, provided at least 30 days' notice is given.
Still, DiNardo said the timing of Malloy's eviction raises important legal questions.
"What they can't do is retaliate against a tenant because a tenant complained about conditions," DiNardo said.
He added that the sequence of events is concerning.
"I find that timing very troublesome. 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," DiNardo said.
Whether the eviction ultimately constitutes unlawful retaliation would depend on the specific facts of the case and any evidence presented if the matter proceeds through the legal process. Malloy, meanwhile, continues to seek assistance as he faces the possibility of losing the home he says he has maintained for the past 10 years.
