Cincinnati tenants of a national landlord could see refunds and revised leases soon.
Second Avenue owns more than 200 single family homes in Greater Cincinnati. It is facing a lawsuit from four tenants who allege the company violated a city ordinance limiting late charges. They also claim Second Avenue included unfair lease provisions holding tenants responsible for pest control and some maintenance, among other issues.
The company, which operates rental housing in at least 24 metro areas around the country, filed a notice in Hamilton County Common Pleas Court Sept. 23 responding to the lawsuit. In it, the company denies wrongdoing and says it will "defend itself vigorously." But it also promised it would get in contact with current and former tenants to offer refunds for some late fees and to offer current renters revised leases.
Read the full filing below (article continues after):
In the filing, attorneys for Second Avenue said many tenants are happy with the company.
"Over the last two years, more than 140 residents have renewed their leases with Second Avenue at a rate of over 70%," the filing reads. "The renewal rate in August 2025 (when Plaintiffs filed this lawsuit) was over 90%. The Cincinnati Housing Authority also recently recognized Second Avenue’s contributions to the community by awarding it the 2024 Landlord Appreciation award. Finally, the average rating from Hamilton County residents for a maintenance call using Second Avenue’s residential portal application consistently has exceeded 4.6 out of 5.0 stars. In short, the facts will show that the sensationalized complaint is baseless."
What residents say
A WVXU reporter visited Second Avenue properties in Evanston, Avondale, College Hill, Spring Grove Village, North Fairmount, Price Hill, and other areas to talk to renters who are not involved in the suit.
Two of the roughly dozen residents WVXU talked to reported they’d had few problems. One said the company was hands-off and “left us alone.” Both had lived in their Second Avenue homes for roughly a year.
Others, however, had different stories. Many wanted to remain anonymous due to fear their landlord would seek reprisal. They complained of odd fees — things like $10 a month for air filters, fees for repeat maintenance visits, and more.
Many said Second Avenue told them they had rented their home "as is" and that they would be responsible for upkeep and repairs to the property they were renting. Tenants said when they did call Second Avenue for repair work, the company was very slow in responding, if it responded at all. Some reported they went without heat for extended periods, had ceilings collapse or struggled with sewage backups due to maintenance issues.
BreAnna Eshun is part of the lawsuit against Second Avenue. She says she and her husband have struggled with mold in their basement and HVAC system that Second Avenue hasn't fixed.
"Habitability — that's the law," she said. "You should be able to have that. I just want justice for everybody who's come home to a home that's not technically safe."
The city of Cincinnati has barred landlords from collecting late fees in excess of 5% of a tenant's rent. But the lawsuit against Second Avenue says the company charged fees much higher than that. In its response, Second Avenue pledged to issue refunds to tenants within Cincinnati that were charged more than the 5%. It also says a new lease — without provisions holding tenants responsible for pest control and certain maintenance — will be offered.
A lawsuit from the city
The company also is facing a public nuisance lawsuit from the city of Cincinnati and the Cincinnati Board of Health. In the city’s lawsuit, filed a few days after the class action suit, City Solicitor Emily Woerner says Second Avenue has used an intentional investment practice "of acquiring distressed properties and failing to maintain them or maximize their productive use."
The lawsuit says Second Avenue owes the city about $137,000 in past-due civil fines related to building and health code violations, plus about $2,200 to Greater Cincinnati Water Works for unpaid services.
Both lawsuits demand a jury trial and ask for financial damages. The city also is asking a judge to appoint a receiver — a third-party property manager to take over maintenance at Second Avenue homes.
WVXU reached out to attorneys representing Second Avenue but had not received a response at the time of publication.
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