Tenant seeks $30K in eviction counterclaim

An attempt by Jim Staschiak, auditor for the city of Findlay, to evict a tenant from his rental property on College Street is being met with a $30,000 counterclaim for damages. Staschiak, owner of Staschiak Rentals LLC, owns several rental properties throughout Findlay. Diedre Cole, of 713 College Street, filed the counterclaim in Findlay Municipal Court on Thursday, stating that the property has been uninhabitable due to plumbing failures, insects and the growth of mold and fungus due to poor drainage affecting the crawlspace of the home. According to Cole, "normal household duties were impossible to complete." The complaint goes on to describe a toilet in the home "exploding from in-line pressure and depositing sewage into the bathtub and kitchen sink, flooding bathroom floor, laundry room and kitchen floor, and spilling into carpeted areas in the hallway and living room." According to Cole's claim, she was without a working toilet for more than 30 days. Cole describes another incident of a toilet tipping over while she was using it. In the counterclaim, Cole argues that Staschiak "should have reasonably known of the existing conditions of the rental unit," and that it violated state laws and Ohio's residential building code. She also claims that Staschiak did not disclose potential hazards in the home, like lead paint, as required by law. Instead, according to Cole, Staschiak "chose to overlook the law and allow unsuspecting tenants to move in." In the counterclaim, she also argues that Staschiak's position as a city official and his ability to influence rules regarding rental properties and landlords are conflicts of interest. She said it's a violation of Ohio's ethics laws for public employees and "remains to be investigated." Cole called the eviction proceedings "retaliatory" due to her complaints about the condition of the home. According to Staschiak's initial filing with the court on Jan. 31, he sought to evict Cole after she failed to pay rent for the month. Monthly rent for the property is $775, with the lease dating to May 2020. The $30,000 counterclaim includes the repayment of all rent paid to Staschiak by Cole while occupying the house, a total of $26,040. The remaining balance of the request is for reimbursement of money Cole spent for parts and supplies to fix the home, and losses "incurred through negligence and breach of contract." The maximum settlement that can be awarded by Findlay's small claims court is $15,000. Claims seeking larger amounts are typically referred to Hancock County Common Pleas Court. However, at a hearing held Monday, attorneys for both parties said it is their intention to settle the issue outside of court before the next hearing date of March 20.