Use this landlord repairs / habitability guide to build a clear demand letter for Cleveland.
Understanding Landlord Repair and Habitability Rights in Cleveland, Ohio
Cleveland tenants facing landlord neglect of essential repairs have powerful legal protections under Ohio law. Whether you're dealing with a broken furnace in your Tremont apartment during a harsh Lake Erie winter, confronting mold issues in your University Circle rental, or struggling with plumbing problems in your Ohio City duplex, Ohio law requires your landlord to maintain habitable living conditions. Understanding your rights and knowing how to effectively demand repairs can mean the difference between living in dangerous conditions and having a safe, comfortable home.
Cleveland's aging housing stock, with many buildings constructed before World War II, creates persistent maintenance challenges. From the historic homes of Shaker Heights to the apartment buildings of Lakewood and Parma, landlords throughout Cuyahoga County have legal obligations to maintain their properties regardless of the age of the building or the rent amount charged. The Ohio Revised Code establishes clear standards for habitability that apply to all residential rentals in Cleveland and throughout Ohio.
A well-crafted demand letter serves as your formal notice to the landlord that repairs are needed and documents your good faith efforts to resolve the problem before pursuing legal remedies. Under Ohio law, landlords must be given reasonable notice and opportunity to make repairs before tenants can pursue remedies such as rent escrow or lease termination. Your demand letter creates the paper trail necessary to exercise these rights and demonstrates that you followed proper procedures.
This comprehensive guide covers everything Cleveland tenants need to know about demanding repairs, from the specific Ohio Revised Code sections that protect you to the Cuyahoga County Court of Common Pleas procedures for filing a rent escrow case. You'll learn how to document habitability problems effectively, calculate any damages you've suffered, and navigate the Cleveland Housing Court system if your landlord fails to respond. With Ohio's tenant-friendly habitability laws and Cleveland's active code enforcement, you have real leverage to get repairs made.
Ohio Landlord-Tenant Law and Cleveland Habitability Requirements
Ohio Revised Code Chapter 5321 establishes the legal framework governing landlord-tenant relationships throughout Ohio, including Cleveland and Cuyahoga County. Under ORC 5321.04, landlords have specific obligations to maintain rental properties in habitable condition. This statute requires landlords to comply with all applicable building, housing, health, and safety codes that materially affect health and safety, make all repairs necessary to keep the premises in a fit and habitable condition, keep all common areas in a safe and sanitary condition, and maintain in good working order all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances supplied by the landlord.
The landlord's duty under ORC 5321.04 extends to providing running water, reasonable amounts of hot water, and heat during the heating season (typically October 1 through May 15 in Cleveland). These obligations cannot be waived in the lease agreement. Any lease provision purporting to waive the landlord's habitability duties is void and unenforceable under Ohio law. This protection ensures that Cleveland tenants cannot be pressured into accepting substandard conditions regardless of what their written lease states.
ORC 5321.07 establishes the remedies available to tenants when landlords fail to meet their obligations. After providing proper notice of a violation, tenants may deposit rent with the clerk of the municipal or county court, apply to the court for release of rent to make repairs themselves, terminate the rental agreement, or pursue damages in court. The rent escrow remedy is particularly powerful because it deprives the landlord of rental income while ensuring tenants remain legally protected from eviction.
Cleveland's local housing codes work alongside state law to establish specific standards for habitability. The Cleveland Housing Code, found in Chapter 365 of the Codified Ordinances, sets detailed requirements for heating, plumbing, electrical systems, and structural integrity. Cleveland Building and Housing Department inspectors enforce these codes and can issue violations that support tenant repair demands. The City of Cleveland Department of Building and Housing can be reached at 216-664-2282 for housing complaints.
The City of Cleveland also participates in the Cuyahoga County Lead Safe Program, reflecting the region's particular concern with lead-based paint hazards in older housing stock. Under Ohio Revised Code 3742 and related regulations, landlords of pre-1978 housing must provide lead disclosure forms to tenants. Cleveland landlords must comply with lead hazard requirements, and violations can result in significant penalties. Lead paint issues affecting children are treated with particular urgency by Cleveland authorities.
Ohio law distinguishes between major and minor repairs in determining appropriate remedies. Major repairs affecting health or safety, such as heating failures, sewage backups, or structural hazards, may justify immediate lease termination or emergency rent escrow. Minor cosmetic issues typically require longer notice periods and may not support the same range of remedies. Cleveland Housing Court magistrates consider the severity and urgency of repair needs when evaluating tenant claims.
Under ORC 5321.04(A)(3), landlords must make repairs within a reasonable time after receiving notice. What constitutes reasonable depends on the nature and urgency of the repair. Emergency repairs affecting health or safety should be addressed within 24-48 hours. Non-emergency repairs typically allow 30 days or the time specified in proper notice. Cleveland tenants who give proper notice and wait an appropriate time before pursuing remedies are in the strongest legal position.
Tenant obligations under ORC 5321.05 must also be followed to preserve repair rights. Tenants must keep the premises safe and sanitary, dispose of garbage properly, use electrical and plumbing fixtures correctly, refrain from disturbing neighbors, and allow landlord access for repairs with reasonable notice. Tenants who violate these obligations may weaken their position when demanding repairs, as landlords can argue that tenant misconduct caused or contributed to the problem.
Cuyahoga County Court of Common Pleas handles rent escrow cases through its Housing Division. The court can order repairs, reduce rent during periods of reduced habitability, release escrowed funds to tenants for self-help repairs, or release funds to landlords upon completion of repairs. Cleveland Municipal Housing Court provides similar services for Cleveland residents. Both courts have experience with landlord-tenant disputes and apply Ohio law consistently.
How to Write a Landlord Repair Demand Letter in Cleveland
Evidence Checklist for Cleveland Landlord Repair Claims
Your lease agreement establishes the foundation of your landlord-tenant relationship and may contain specific provisions about repairs. Keep the original signed lease along with any amendments, addenda, or rules provided by the landlord. Note any provisions regarding maintenance responsibilities, though remember that habitability obligations under ORC 5321.04 cannot be waived regardless of lease language. Identify the lease provision specifying where to send notices.
Photographic documentation of repair problems is essential for any landlord-tenant dispute. Take photographs immediately when you discover problems and continue documenting over time to show persistence or progression. Include wide shots showing the overall area and close-ups showing specific damage or defects. Use objects of known size for scale when relevant. Date-stamp photographs or keep a contemporaneous log of when each was taken.
Video evidence can capture problems that photographs cannot adequately document. Record videos of water leaks in progress, strange noises from mechanical systems, flickering lights, or other dynamic problems. Keep videos short and focused on the specific issue. Narrate videos to explain what you are recording and when.
Temperature documentation is critical for heating complaints, which are common in Cleveland's harsh winters. Use a reliable thermometer placed in living areas away from windows and exterior walls. Photograph the thermometer reading at multiple times throughout the day. Document outdoor temperatures at the same times for comparison. The Cleveland Housing Code requires landlords to maintain indoor temperatures of at least 65 degrees when outdoor temperatures fall below 60 degrees.
Written communications with your landlord create a crucial paper trail. Save all emails, text messages, and written notes. For phone conversations, maintain a log with the date, time, person you spoke with, and substance of the conversation. Send follow-up emails summarizing phone conversations to create written records. Keep copies of all maintenance request forms submitted to property managers.
Receipts and financial records document your damages from habitability problems. Save utility bills showing increased costs from inefficient heating or electrical problems. Keep receipts for portable heaters, fans, or other equipment purchased to mitigate problems. Document hotel or motel costs if you had to temporarily relocate. Save receipts for damaged personal property that you must replace.
Medical records may be relevant if habitability problems caused health issues. Respiratory problems from mold, lead poisoning symptoms in children, injuries from structural hazards, and mental health impacts from uninhabitable conditions can all be documented through medical providers. Request copies of relevant medical records and keep them with your case file.
City inspection reports provide official documentation of code violations. After filing a complaint with the Cleveland Department of Building and Housing, request copies of any inspection reports and violation notices. These official documents carry significant weight in court proceedings and demonstrate that objective third parties found problems with your rental.
Witness statements from neighbors, visitors, or others who have observed the problems can support your claims. Ask witnesses to provide written statements describing what they saw, when they saw it, and their contact information. Neighbors experiencing similar problems in multi-unit buildings can provide corroborating evidence.
Expert assessments may be necessary for complex problems. Licensed contractors, mold inspectors, structural engineers, or other professionals can provide written evaluations of serious conditions. While not always necessary, expert opinions strengthen claims involving technical issues and support damage calculations.
Organize all evidence chronologically in a dedicated binder or folder. Create a timeline of events referencing your documentation. Make copies of everything and store originals separately from working copies. This organization demonstrates your credibility and ensures you can quickly locate any document needed for negotiations or court proceedings.
Important Deadlines for Cleveland Landlord Repair Cases
Ohio Revised Code 5321.07 requires tenants to give landlords reasonable notice of repair needs before pursuing remedies. While the statute does not specify an exact notice period, Ohio courts generally consider 30 days reasonable for non-emergency repairs. For emergency conditions threatening health or safety, much shorter notice periods apply, potentially as little as 24-48 hours for situations like heating failures in winter or sewage backups.
After giving proper notice under ORC 5321.07, tenants must wait a reasonable time for the landlord to make repairs before pursuing rent escrow or other remedies. If the landlord fails to respond within the specified period, tenants can deposit rent with the clerk of the court rather than paying the landlord. This notice-and-wait period is essential; tenants who skip this step may find their rent escrow cases dismissed.
The statute of limitations for breach of the habitability warranty under Ohio law is generally six years, consistent with breach of contract claims. However, for ongoing violations, the clock may reset with each occurrence. Tenants should not rely on this long limitation period; pursuing claims promptly while evidence is fresh produces better outcomes.
Rent escrow cases in Cleveland Housing Court or Cuyahoga County Common Pleas Court can be filed anytime after the landlord fails to respond to proper notice within the specified period. Filing fees are relatively modest, typically under $100. Courts generally schedule initial hearings within 30-60 days of filing. Emergency motions for urgent repairs may be heard more quickly.
Typical timelines for Cleveland landlord repair disputes follow a predictable pattern: Problem discovery and initial landlord notice occur within the first week. If no response, a formal demand letter should be sent within 2-4 weeks, specifying a 30-day response deadline for non-emergency repairs or 24-48 hours for emergencies. If the deadline passes without resolution, file a rent escrow case within 1-2 weeks. Court hearing occurs 30-60 days after filing.
For heating emergencies during Cleveland winters, compressed timelines apply. Ohio courts recognize that tenants cannot wait 30 days when indoor temperatures are dangerously low. Notice of 24-48 hours is typically sufficient before pursuing emergency remedies. Cleveland tenants with heating failures should contact the city's 211 helpline for emergency resources while simultaneously pursuing legal remedies.
Document all deadlines in your case file. Create calendar entries for notice deadlines, response periods, and court dates. Build in buffer time before absolute deadlines to account for delays. Missing procedural deadlines can weaken or eliminate your legal claims, so careful tracking is essential.
If you need to terminate your lease due to severe habitability problems, Ohio law permits this after giving notice and allowing reasonable time for repairs that the landlord fails to make. The termination becomes effective 30 days after notice if the landlord does not remedy the condition. This remedy applies to material noncompliance that affects health and safety, not minor cosmetic issues.
Common Mistakes Cleveland Tenants Make with Landlord Repair Demands
Failing to provide proper written notice before pursuing remedies is the most common and damaging mistake Cleveland tenants make. Ohio Revised Code 5321.07 requires tenants to give landlords notice of violations before depositing rent in escrow or pursuing other remedies. Verbal complaints alone are insufficient; you need written documentation that you can prove the landlord received. Always send demand letters via certified mail with return receipt, and keep proof of delivery.
Withholding rent without following proper escrow procedures puts tenants at risk of eviction. Ohio law does not allow tenants to simply stop paying rent because of repair problems. Instead, tenants must deposit rent with the clerk of court through the formal rent escrow process. Tenants who withhold rent without court involvement may be evicted for nonpayment even if they had legitimate repair complaints.
Making unauthorized repairs and deducting costs from rent without following proper procedures can create legal problems. While ORC 5321.07 allows tenants to apply to the court for release of escrowed rent to make repairs, this requires court approval. Tenants who make repairs and deduct costs without court authorization may be liable for the withheld rent amount. Always get court approval before making repairs yourself.
Documenting problems inadequately leaves you without sufficient evidence to prove your claims. Taking a few blurry photographs is not enough. Comprehensive documentation includes multiple dated photographs, videos of dynamic problems, temperature readings for heating issues, written logs of complaints, and records of all landlord communications. Invest time in thorough documentation from the beginning of your dispute.
Sending demand letters to the wrong address delays resolution and may cause you to miss deadlines. Check your lease for the proper notice address. Verify that the address is current using Ohio Secretary of State records for business entities. If your landlord has moved or changed management companies, research the current correct address before sending important notices.
Using threatening or hostile language in communications with landlords undermines your credibility. Courts expect parties to communicate professionally. Expressing frustration is understandable, but threats, profanity, or personal attacks may be used against you. Maintain a factual, professional tone in all written communications, focusing on the specific repairs needed rather than attacking the landlord personally.
Failing to continue paying rent during disputes can result in eviction. Until you properly deposit rent with the court through the escrow process, you must continue paying rent to the landlord. Stopping payment before completing the escrow filing leaves you vulnerable to eviction for nonpayment. Complete the escrow filing before your rent is due to avoid this problem.
Neglecting to follow up after deadlines pass signals that you are not serious about pursuing your claims. If your demand letter deadline expires without landlord response, send a follow-up letter within one week noting the failure to respond and announcing your intention to file for rent escrow. Consistent follow-through demonstrates your commitment to obtaining repairs.
Accepting inadequate repairs without verification allows problems to recur. When landlords claim to have made repairs, inspect the work carefully and continue documenting if problems persist. Get written confirmation of what repairs were made. If repairs are superficial or ineffective, document the continued problem and resume your pursuit of effective remedies.
Failing to file complaints with Cleveland Building and Housing misses an opportunity to create official documentation and add pressure for repairs. City inspectors can issue violations that support your case and impose fines that motivate landlord compliance. File complaints online or by calling 216-664-2282 even while pursuing your own demand letter and potential court action.
Frequently Asked Questions: Landlord Repairs in Cleveland, Ohio
No, you cannot simply stop paying rent. Ohio law requires you to deposit rent with the clerk of court through the formal rent escrow process under ORC 5321.07. First, give your landlord written notice of the needed repairs. If repairs are not made within a reasonable time (typically 30 days for non-emergencies), you can deposit your rent with the court instead of paying the landlord. The court will hold the funds and can order repairs, reduce rent, or release funds to you for self-help repairs. Tenants who withhold rent without following this process may be evicted for nonpayment.
Ohio law requires landlords to make repairs within a reasonable time after receiving notice. For non-emergency repairs, courts generally consider 30 days reasonable. For emergency conditions affecting health or safety, such as heating failures in winter, sewage backups, or dangerous electrical problems, the landlord must act much faster, typically within 24-48 hours. Your demand letter should specify an appropriate deadline based on the nature and urgency of the repair. Document the deadline clearly and follow up if it passes without resolution.
Under Ohio Revised Code 5321.04, landlords must maintain rental properties in habitable condition. This includes complying with all building, housing, and health codes; making repairs necessary for fit and habitable conditions; keeping common areas safe and sanitary; and maintaining all electrical, plumbing, heating, and other fixtures in good working order. Landlords must provide running water, reasonable hot water, and adequate heat during the heating season. These duties cannot be waived in the lease. Cleveland Housing Code provides additional specific requirements for local properties.
Your demand letter should include your name and rental address, the date, the landlord's name and proper notice address, a clear description of the repair problem including when it started and how it affects your use of the rental, documentation of any prior complaints you have made, a specific deadline for repairs based on the urgency of the problem, reference to Ohio Revised Code 5321.04 and 5321.07, consequences if repairs are not made, and copies of photographs and other supporting evidence. Send the letter via certified mail with return receipt requested to create proof of delivery.
If your landlord fails to respond to your demand letter by the specified deadline, you have several options under Ohio law. File a rent escrow case with Cleveland Municipal Housing Court or Cuyahoga County Common Pleas Court, depositing your rent with the court rather than the landlord. File a complaint with Cleveland Building and Housing at 216-664-2282 to request a code enforcement inspection. Pursue damages in small claims court for amounts up to $6,000. For severe habitability problems, you may terminate your lease after providing proper notice. Document the landlord's failure to respond as evidence of their neglect.
Yes, under Ohio Revised Code 5321.07, tenants may terminate their rental agreement if the landlord fails to fulfill the habitability obligations of ORC 5321.04 and the failure materially affects health and safety. You must first give written notice specifying the violation and allow reasonable time for repairs. If the landlord fails to remedy the condition, you may terminate by giving 30 days written notice. This remedy applies to material noncompliance affecting health and safety, not minor issues. Document all problems thoroughly and consult with an attorney before terminating to ensure you follow proper procedures.
To file a rent escrow case, go to Cleveland Municipal Housing Court at Justice Center, 1200 Ontario Street, Cleveland, or Cuyahoga County Common Pleas Court at 1 Lakeside Avenue, depending on your location. Bring copies of your lease, your demand letter with proof of delivery, documentation of the repair problems, and your rent payment. Complete the rent escrow application explaining the habitability violations. Deposit your rent with the clerk. The court will schedule a hearing where both you and the landlord can present evidence. The court can order repairs, reduce rent, or authorize self-help remedies.
Cleveland small claims court handles cases up to $6,000. This limit covers most damages claims for habitability violations, including rent reductions, increased utility costs, temporary housing expenses, damaged personal property, and other losses. If your damages exceed $6,000, you can reduce your claim to fit within small claims limits or file in Cuyahoga County Common Pleas Court, which handles larger amounts but involves more complex procedures. Small claims court does not require attorney representation and provides a relatively informal process for presenting your case.
What to Expect: Landlord Repair Dispute Settlements in Cleveland
Realistic settlement expectations for Cleveland landlord repair disputes depend on the severity of habitability problems, quality of documentation, and the landlord's responsiveness. Minor repair issues often resolve informally after a well-written demand letter demonstrates that the tenant understands their legal rights. Major habitability violations involving health or safety may require court intervention but often settle before hearing once the landlord recognizes the strength of the tenant's case.
Rent reductions are a common settlement component in habitability cases. Cleveland Housing Court magistrates regularly award rent reductions of 20-50% for periods when essential services were unavailable or significantly impaired. Heating failures during winter, persistent water leaks, and sewage problems typically justify the highest reductions. The percentage reduction corresponds to how much the habitability problem diminished the value of the rental during the affected period.
Damage awards beyond rent reductions may include reimbursement for increased utility costs, temporary housing expenses, damaged personal property, and medical expenses caused by unsafe conditions. Cleveland courts consider documented out-of-pocket expenses when calculating damages. Tenants who maintain organized records of expenses are more likely to receive full compensation.
Repair orders requiring landlords to complete specific work within stated timeframes are another common outcome. Courts can order landlords to make repairs and impose penalties for non-compliance. These orders provide accountability that informal demands cannot achieve. Landlords who ignore court orders face escalating consequences including fines and potential contempt proceedings.
Settlement negotiations typically begin after the landlord receives a demand letter or rent escrow filing. Many landlords prefer settling to avoid court costs, negative publicity, and the risk of larger damage awards. Approach negotiations professionally and be prepared to document all agreements in writing. Consider both monetary compensation and repair commitments when evaluating offers.
Factors affecting settlement value include the duration and severity of habitability problems, strength of your documentation, the landlord's repair history and code compliance record, your rent amount relative to the area market, and the landlord's financial resources and desire to avoid court. Well-documented cases with clear health and safety impacts typically achieve better outcomes.
Be prepared for landlords to initially deny responsibility or offer inadequate settlements. Counter-offer when proposals do not address all your concerns. Persistent follow-through demonstrates you are serious about obtaining repairs and compensation. However, also consider whether a reasonable settlement now is preferable to months of court proceedings.
Cleveland Housing Court provides mediation services that can help parties reach settlements without full hearings. Mediators facilitate discussions and help identify compromise solutions. Mediation is often faster than waiting for a hearing and allows more creative solutions than a judge might order. Consider mediation as an option for resolving disputes efficiently.
Cleveland Landlord-Tenant Resources and Contacts
Cleveland Municipal Housing Court handles landlord-tenant disputes for Cleveland residents. The court is located at Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113. The clerk's office phone number is 216-664-4882. The court offers self-help resources for tenants filing without attorneys and can provide information about the rent escrow process. Housing court hearings are designed to be accessible for self-represented parties.
Cuyahoga County Court of Common Pleas handles landlord-tenant matters for residents of Cuyahoga County outside Cleveland city limits, including Lakewood, Parma, Shaker Heights, and other suburbs. The courthouse is at 1 Lakeside Avenue, Cleveland, Ohio 44113. The clerk's office can be reached at 216-443-8560. The court handles rent escrow cases, eviction defenses, and damages claims.
Cleveland Department of Building and Housing enforces housing codes and responds to tenant complaints about unsafe conditions. File complaints by calling 216-664-2282 or online through the city's website at clevelandohio.gov. Inspectors can issue violations requiring landlords to make repairs and impose fines for non-compliance. Request copies of inspection reports for your records.
The Legal Aid Society of Cleveland provides free legal services to low-income Cuyahoga County residents, including assistance with landlord-tenant matters. Their main office is at 1223 West 6th Street, Cleveland, Ohio 44113. Contact them at 216-687-1900 or through their website at lasclev.org. They can provide advice, representation, and referrals for housing issues.
Cleveland Tenants Organization advocates for tenant rights and provides education about landlord-tenant law. They offer resources about tenant rights, organize tenant advocacy efforts, and can provide guidance about dealing with problematic landlords. Contact them through local housing advocacy networks.
United Way 211 provides referrals to emergency housing assistance, utility assistance, and other resources for Cleveland-area residents facing housing crises. Dial 211 from any phone for assistance. This service is particularly valuable for emergency situations like heating failures during winter.
Ohio Legal Help (ohiolegalhelp.org) provides free legal information and forms for Ohioans handling civil legal matters without attorneys. Their website includes guides about landlord-tenant issues, sample letters and forms, and information about tenant rights under Ohio law.
Cuyahoga Metropolitan Housing Authority (CMHA) administers public housing and Section 8 vouchers in Cuyahoga County. While CMHA tenants have additional grievance procedures, the agency can also provide information about housing resources and tenant rights. Contact CMHA at 216-348-5000.
The Cleveland Metropolitan Bar Association Lawyer Referral Service helps residents find qualified attorneys for landlord-tenant matters. Call 216-696-3525 for a referral. Initial consultations through the referral service are typically offered at reduced rates.
The Tenant Rights Playbook
Document Everything
Photos, videos, dates. Every leak, every broken fixture, every hazard. Evidence is power.
Written Requests Matter
Verbal requests don't count. Emails, texts, certified letters. Create a paper trail.
Know the Deadlines
Most places give landlords 14-30 days for non-emergency repairs. Emergencies? 24-48 hours.
Habitability Laws Protect You
Most jurisdictions have implied warranty of habitability. Landlords must maintain livable conditions or face consequences.
Ohio Landlord Repairs / Habitability Laws
Applicable Laws
- Ohio Revised Code § 5321.04
- Landlord-Tenant Act
Notice Period
30 days
Consumer Protection Agency
Ohio Attorney General
Repair Demand FAQ
What repairs must my landlord make?
Plumbing, heating, electrical, structural issues, pest control, and anything affecting health/safety.
Can I withhold rent?
Some places allow it for serious issues. Check your local laws first - do it wrong and you could face eviction.
How long does my landlord have to make repairs?
Emergency repairs (no heat, flooding) typically require 24-48 hours. Non-emergency repairs usually allow 14-30 days depending on your location.
Can I hire someone and deduct from rent?
Many jurisdictions allow 'repair and deduct' for urgent issues after proper notice. The cost must be reasonable and the repair necessary.
What if the problem makes my unit uninhabitable?
You may be entitled to rent reduction, temporary housing costs, or the right to break your lease without penalty.
Do I need to let my landlord in for repairs?
Yes, but they must give proper notice (usually 24-48 hours) except for genuine emergencies. You can request repairs during reasonable hours.
Can I be evicted for complaining about repairs?
Retaliation for requesting repairs is illegal in most places. Document everything and know your state's anti-retaliation protections.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
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