Resolving Condition Issues in Your Apartment through Rent Escrow
What is a Landlord obligated to do? (R.C. 5321.04)
Ohio law obligates landlords to do the following:
- Comply with all building, housing, health, and safety codes.
- Make all repairs to keep the premises in a fit and habitable condition.
- Supply running water, reasonable amounts of hot water, and reasonable heat at all times.
- Keep plumbing, heating, air conditioning, appliances provided by the landlord, and elevators in good working order.
- Keep all common areas of the premises in a safe and sanitary condition.
- If there are more than 4 units in a structure, provide trash receptacles.
- Provide 24 hours notice before entering unless it is an emergency.
- Not abuse the right of access (typically 24 hours, unless there is an emergency).
What happens when a Landlord fails to fulfill their obligations? (R.C. 5321.07)
A tenant can do one or all of the following:
1. Escrow their rent (a tenant paying rent timely to the Court, instead of their landlord);
2. Seek a court order for repairs, an order reducing rent, or an order to use rent for the repairs; or
3. Terminate their lease.
How to put rent money in escrow
In Ohio, you can place your rent in escrow with the court to encourage your landlord to fix problems in your unit. Here are the steps to take:
Make sure you are current in your rent payments
To be eligible to escrow your rent, you must first be current with your rent. Any delinquency prevents you from escrowing your rent. (All unpaid fees and utilities you’re responsible for must also be current).
Provide written notice to landlord
You need to provide notice to your landlord in writing specifying the issues and provide them a reasonable time to make repairs, which is generally 30 days. Lack of water or lack of heat in the winter can be less than 30 days. Provide a specific end date in your notice. This can be sent via certified mail, email, or text. Make sure you have a copy of this notice for your escrow filing.
Note whether or not repairs not complete
If your landlord has not repaired the issue(s) listed in your notice in a reasonable amount of time you can proceed with the escrow filing.
File escrow forms with clerk of courts in your community
You will then have to file the proper rent escrow paperwork with the court with a copy of your written notice to the landlord.
Pay rent to clerk before due date
Rent is to be paid to the clerk of the municipal court where you live on or before the due date so long as the escrow proceeding remains pending. It is often best to pay the day before. If you pay late, your landlord can likely get the escrow case dismissed. If you do pay late, make sure to include late fees if your landlord regularly charges late fees.
You will continue to pay your rent to the municipal court until your landlord makes repairs. Your landlord can file a complaint in the escrow case to get the funds released to them.
A landlord may file a complaint to get the funds because:
● The repairs are complete;
● There were no problems in the first place;
● The problem does not violate the lease or the landlord’s obligations under Ohio law;
● You were not current in your rent when you filed for rent escrow;
● You were late paying your rent into the escrow account;
● You did not provide written notice or reasonable time to fix the issue;
Once a landlord files a complaint, you have 28 days to file a written answer. If you have suffered damages from the landlord’s failure to make repairs, you can file a written counterclaim with your answer.
There will then be a hearing to determine if the money is to be released to the landlord.
If your landlord has not made repairs by this hearing, you will want to bring the following to the hearing:
● Pictures and videos of the conditions;
● Reports from code enforcement, health department, or other applicable inspectors;
● Receipts showing your rent is current;
● Copies of the notices you sent to your landlord about the conditions;
● Any witnesses who have observed the conditions.
Summit County residents: Click on the appropriate link below to access the forms necessary for rent escrow
Instructions guide for filing