GOLF MANOR, Ohio — A Golf Manor renter said what began as water damage from July's heavy rain has turned into a month-long battle over mold, stalled repairs and now eviction.
Joi-Marie Whittle said the problems started July 16, when water began seeping into both downstairs bedrooms of her apartment. She said the new owner of the complex failed to make repairs in a timely manner. The owner, Keynonis Davis of SM4L LLC, said the eviction stems from late rent payment for the month of August.
Whittle invited WCPO 9 News inside Friday to show the damage — but the interview moved outside after Davis asked WCPO's crew to leave the property.
"So on July the 16th, I reported water intrusion coming into both bedrooms downstairs," Whittle said. "I got home from working an 11-hour shift at 11 o'clock at night, so I wasn't able to sleep down there or get any rest."
She said the damage left her lower level unusable and she was forced to place her damaged belongings outside of the unit.
"I have flies, I have gnats, I have all kinds of bugs down there, maggots just from the moisture and the water in my home," Whittle said.
WATCH: Shakur speak with the tenant and confront the owner about the ongoing mold, damage and eviction dispute
Whittle said Davis promised fast repairs, including carpet removal and mold remediation, but the work dragged on for weeks.
"It took him 21 days to the date to actually even come in and pull the wet carpet up," Whittle said.
While WCPO crews were in the unit, we did see fans and tools and the walls pulled apart.
Whittle said the unusable space has effectively cut her living area in half.
"I went from having a four-bedroom, one-and-a-half bath to right now I'm living in a two-bedroom efficiency," Whittle said.
After raising complaints about the conditions, Whittle said she received an eviction notice, which she said is retaliation.
"He is not accepting the thousand dollars...He filed this on the 3rd of August. You didn't even give me a chance to make a late payment…it's retaliation," Whittle said.
In addition to claiming late rent payments, the eviction notice also claims an unauthorized occupant lives in the unit. Whittle disputes that. She said that person is her father, who only comes to the apartment to watch her children.
"My dad watches my children," Whittle said. "He is the only way that I can work as a single mom… It is not fair that you have an owner that gets to dictate who can and who cannot come inside of your home to watch your children."
When WCPO 9 news reporter Jay Shakur asked Davis for his side of the story, he initially declined, citing advice from his attorney, but eventually answered some of WCPO's questions.
"The first is when you have to have the rent! I don't have to wait four or five days after that!" Davis said.
When asked whether he was refusing to accept the rent payment or simply had not received it, Davis said the rent was late.
"Well, let me say this: as of now, I'm not accepting it because the rent was late?" Davis said.
Davis later claimed Whittle refused to pay. Davis also said he plans to move forward with the eviction and noted he has only recently taken ownership of the building.
"It will be filed Monday for eviction," Davis said. "That's it. I don't do this. At the end of the day, I've only owned this building a whole month, brother."
To better understand tenants' rights in situations like this, I spoke with Nick DiNardo, an attorney with the Legal Aid Society of Greater Cincinnati.
"The other thing a tenant can do is they can pay their rent into rent escrow," DiNardo said. "You can pay your rent directly to the clerk of courts, and the clerk holds the money until the landlord makes repairs. One thing a tenant cannot do is withhold the rent because the landlord is not making repairs."
Whittle said she never told Davis she was refusing to pay rent — only that she wanted to reach a resolution about the condition of her apartment.
"I never told you [Davis] over the phone I wasn't paying rent," Whittle said. "I told you we need to come to a conclusion about my apartment!"
How does rent escrow work?
Rent Escrow allows tenants to legally withhold rent from landlords who refuse to make necessary repairs by paying it directly to the local court system. If your landlord fails to maintain safe and habitable living conditions, Ohio landlord/tenant law allows you to pay your rent into a court-held account instead of giving it to your landlord.
The Process:
- Send Written Notice: You must mail or deliver a written list of needed repairs to your landlord.
- Wait 30 Days: The landlord has up to 30 days to fix the issues.
- File an Application: If they fail to fix it and you are completely current on rent, you must visit the Hamilton County Clerk of Courts Municipal Civil Division to submit a rent escrow application.
- Pay the Court: You must deposit your full rent payment with the Clerk of Courts on or before your normal due date. The court charges a 1% fee when funds are eventually released.
The Protection: Doing this properly protects you from being evicted for nonpayment of rent.
The Resolution: You can ask the judge to refund your money, end your lease entirely, or order the landlord to make repairs. Landlords can file a counter-complaint to request the funds if they prove the repairs were finished or that you acted in bad faith.
If you have questions about renters' rights or you are a tenant or landlord with an issue, Jay wants to hear from you. You can contact him using the email below:
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
