Eviction lawsuit settles

FINDLAY - Days after a hearing in the Findlay Municipal Court which moved an eviction lawsuit and counterclaim to the Hancock County Court of Common Pleas, city auditor Jim Staschiak II made a second settlement offer to one of his tenants. Findlay City Auditor Jim Staschiak locks up his 713 College St. property after settling an eviction lawsuit and counterclaim. ANGELA LAROSA / The Courier "I'm just glad this is all done," Staschiak's lawyer and assistant prosecutor, Robert E. Feighner Jr., said. A civil action to evict a tenant from one of his multiple rental properties was filed in January after Staschiak said she was behind on rent. The tenant, Diedre Cole, 63, filed a counterclaim alleging he refused to make needed repairs at the property, 713 College St. Her suit asked for more than $30,000 in out-of-pocket expenses including rent, repairs and loss of clothes from mold. Following a hearing in February, Staschiak offered Cole a settlement of about $2,800 to drop the counterclaim. The offer stipulated Cole needed to sign a nondisclosure agreement, however, which she refused to do. Signing the nondisclosure agreement would have meant Cole could not talk about the court case if she accepted the money. "I'm not accepting hush money," she said. When attorneys on both sides planned to withdraw from the case during a hearing on Monday, neither were allowed to withdraw. Instead, the judge kicked the case to Common Pleas Court, citing the $15,000 cap for awards in Municipal Court. The cap is higher in Common Pleas. Trim along the floor in the living room at 713 College St. is caked with mold, according to the now former tenant. ANGELA LAROSA / The Courier But, before the case could be heard in the higher court, Staschiak offered Cole a second settlement. This time, without a stipulation. Cole accepted the settlement offer of $4099.10, which she received Thursday afternoon. A stipulation in the agreement said anything left at the property after 3 p.m. would be considered abandoned. "It's exactly the amount I told him from day one. It didn't change. I didn't want all this. All I wanted was my money back and somebody to acknowledge what he was doing," Cole said. The Courier was invited to tour the College Street property as she packed her belongings. Cole showed areas that had been affected by mold, including under bathroom sinks, in windowsills, along the walls and in the ceiling. Water spots were also in areas of the ceiling, leaks were covered by tape and burn holes were on countertops. As she packed away to move to her new apartment, Cole had to leave behind drapes, clothing and appliances because of the mold. She has appointments set up to discuss mold spores growing in her body from the exposure. "I never want him to rent this again," Cole said. "I have to start all over," she said. The fight for justice isn't done for Cole yet. Cole has filed complaints with state agencies against Staschiak for his behavior in office and the conflict of interest seen throughout the case. She also has plans to write a rental handbook for tenants. "It's about business and how you conduct yourself in the city of Findlay. Findlay can't move forward when sitting on sand, building things on sand. It's not going to work. They have excluded the main people they need to embrace in this community. They don't like poor people, they don't like minorities, they don't like people on disability. They are trying to create a Stepford community and it's not going to happen as long as I live here," Cole said. "I'm not done by a long shot." ANGELA LAROSA / The Courier Staschiak, far right, his attorney, right, and Cole's attorney walk, away from the property together. ANGELA LAROSA / The Courier Steven Black, Diedre Cole's lawyer, hands her the settlement check. ANGELA LAROSA / The Courier ANGELA LAROSA / The Courier