This information is provided courtesy of the Toledo
Legal Aid Society (419-244-8345) for informational purposes and does not
constitute legal advice.
Make an appointment with UT Student Legal Services for assistance.
(Snyder Hall 1020, 419-530-7230)
Rent escrow is a procedure which, when followed properly, allows a tenant
to take action against a landlord to correct conditions at a rental property.
Under Ohio law, landlords are required to comply with the requirements
of all applicable building, housing, health, and safety codes which materially
affect health and safety. Moreover, landlords are required to make
all repairs and do whatever is reasonably necessary to put and keep the premises
in a fit and habitable condition.
This information is to advise you of some of your rights as a tenant and
to help you in pursuing the remedies provided by Ohio law.
If your landlord fails to fulfill his/her legal duties and refuses to
make repairs, you, Student Legal Services or any attorney acting on your
behalf, can apply to the Toledo Municipal Court for an order to make repairs.
The procedure is outlined below:
1. You must be current in your rent; that is, paid
up-to-date at the time you apply for rent escrow.
2. You must give the landlord written notice of the condition(s) to be
repaired (send the notice to the person or place where the rent is usually
paid) and keep a copy for yourself. You may inform your landlord that
you will escrow your rent until the conditions are corrected.
3. You must give the landlord a reasonable time to make the repairs (usually
thirty [30] days) unless it is an emergency.
4. If the landlord still fails to make the repairs after the notice, you
may deposit your next month’s rent with the Toledo Municipal Court instead
of paying it to the landlord.
5. Go to the Clerk of Courts in the basement of the Toledo Municipal Court,
555 N. Erie Street; Toledo, Ohio. There are forms for you to use to
apply for rent escrow. You will need to show proof that you are current
in rent and that you gave written notice to the landlord to make repairs.
You will deposit your full rental amount with the Clerk.
6. Your case will either be referred to the Citizen’s Dispute Settlement
Program for mediation or set for a Court hearing. If your case is not
settled by mediation or has been sent directly to Court, at your hearing
you must show that:
a. You were current in rent before filing your escrow application; and
b. You gave reasonable notice to the landlord before filing (usually thirty
[30] days unless an emergency exists); and
c. You reasonably believe the landlord violated a lease term or a law
which materially affects your health and safety, and that the condition
remains uncorrected.
7. More Court hearings may be set and you may be ordered to continue depositing
your rent until the landlord corrects the conditions, or some other settlement
is reached. Another possible remedy is the termination of your lease,
allowing you to move without completing a lease term.
IMPORTANT
The rent escrow procedure does not apply to any landlord who is a party
to three (3) or fewer rental agreements AND has given written notice of
this fact to you.
It is not necessary to have an attorney for the rent escrow procedure,
however, an attorney may be helpful to advise you on the fine points of the
law.
This procedure will operate in a similar manner in
other Municipal Courts in Ohio.
If the Court finds that you acted intentionally in bad faith in applying
for rent escrow, you may be held liable for the landlord’s attorney fees.
The landlord cannot evict you solely because you used the rent escrow
process. However, a month-to-month tenancy can be terminated without
reason with a one (1) month notice.
