What Do You Do When a Landlord Refuses to Make Repairs to Rental Property in the State of Ohio?
Landlords in Ohio must comply with the Ohio Revised Code Chapter 5321. Landlords have duties to provide necessary repairs, clean and fit housing, and heat and hot water to their tenants. Tenants in Ohio who provide their landlords with written notice of repairs have legal remedies against noncomplying landlords. Tenants may file lawsuits against their landlords or begin escrowing their rent. They may also file code violations with their local county inspectors against their landlords for failing to comply with local ordinances.
Notice to Repair
Ohio law requires tenants to provide written notice to their landlords before filing suit or using rent escrow. A tenant's notice must contain a clear statement of what needs to be repaired and provide the landlord with an opportunity to fix the defects. Tenants must give their landlords up to 30 days to repair any problems. For severe problems, landlords have less time, and tenants should state the deadline for repairs in their notice to repair letters. Typically, Ohio courts will allow tenants to provide a shorter time for repairs for serious problems such as broken heaters during the winter.
Limitations
Ohio law does not allow tenants to use a repair and deduct remedy. They may not begin reducing their rent payments until their landlords repair their problems. Instead, a tenant may file a suit against his landlord with the Ohio Clerk of Courts. A tenant may request an order from a local court to require the landlord to make the repair or to allow him to deduct rent until the landlord remedies the problem. Tenants may also use the rent escrow remedy to force their landlords into compliance.
Rent Escrow
Ohio law limits the equitable legal right of rent escrow to tenants who are not delinquent in rental payments. Additionally, tenants who received written notice at the beginning of tenancy that their landlords own fewer than four properties cannot use rent escrow. Rent escrow allows tenants to pay their rent payments with the local clerk's office. Tenants must provide their landlords with at least 30 days' written notice of their intent to begin escrowing their rent. Thus, a tenant who is required to pay rent on the first of each month must provide the notice at least 30 days before the next rent payment is due. The rent escrow remedy requires the tenant to deposit his rent each month with the clerk's office at the same time he would have paid his rent to his landlord.
Cleveland Housing Court
Ohio residents who live in Cleveland can file a complaint with the Cleveland Municipal Court ,also known as the "Cleveland Housing Court." The Cleveland Housing Court is a small claims court that has the authority to hear claims for money damages not exceeding $3,000. The court can order landlords to pay their tenants damages for failing to provide them with essential repairs after receiving their written complaints.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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