Tips for Tenants is a column on renters’ rights from Legal Aid of Southeast and Central Ohio that offers guidance to renters on navigating common issues.
Ohio law requires the landlord to keep their rental property in habitable condition, which includes making needed repairs. Despite this, many landlords fail to comply. If you live in the City of Athens, you can call Code Enforcement and request an inspection. If that does not resolve the matter or you do not live in the city of Athens, what can a tenant do?
First, do NOT withhold your rent. Instead, you will need to start the legal process known as “rent escrow.”
Step 1: Write a letter to the landlord requesting repairs
If your landlord is not taking care of condition problems, you need to notify the landlord in writing about the specific repairs you need done. This is true even if you verbally requested the repairs previously.
To protect yourself, put your request in writing using the usual method that you use to communicate in writing to your landlord (letter, e-mail, text). If you send the landlord a letter, make and keep a copy of your letter for your records. Send the letter with a tracking service like certified mail or a “Certificate of Mailing.” Both of those are available at the post office. If you use e-mail or text to communicate important information to your landlord, make sure you can access and print your e-mail or texts later for proof.
Step 2: Give your landlord a reasonable amount of time to make the repairs (up to 30 days)
A reasonable amount of time depends on the severity of your situation, but in no case should you wait more than 30 days.
Step 3: If your landlord fails to address the problem within a reasonable amount of time, start a rent escrow case
Be aware that you must be current in your rent to start a rent escrow case. These cases are filed in your local municipal or county court.
Generally, you will need to go to the court with your copy of the letter asking for repairs and your next due rent payment that you would normally pay to your landlord. You should also bring an Application to Escrow Rent form that you complete and sign in front of a notary (or use the court’s form.)
Call the court first to find out what forms of payment they will accept for the rent deposits. You will then make all future rent payments to the clerk’s office until either the repairs are made or you ask the court to order your landlord to make the requested repairs and/or other options that may be available.
For more details about the rent escrow process, download our do-it-yourself Rent Escrow packet — including a sample landlord letter with template and Application to Escrow Rent form — or scan this QR code:
