Landlord Won't Make Repairs in Ohio: What Can I Do?

What your landlord has to fix

1. 1

   Ohio law requires your landlord to follow all building, housing, health and safety codes that affect your health and safety. Your landlord must make repairs to keep your home fit to live in. Your landlord must keep shared areas of the building safe and clean. Your landlord must also keep electrical, plumbing, heating and cooling systems and appliances in good working order. Your landlord must also supply running water, hot water and heat, unless the building is not required by law to have them.

   Source:

   1. § 5321.04(A)(1)-(4), Ohio Revised Code. Law.
   Tip.

   Take photos of each problem, with the date. Take more if it gets worse.

Ask in writing

2. 2

   If your landlord does not meet these duties, you can send a written notice that lists the problems. Do this also if a code inspector finds a violation. Mail or deliver the notice to the address or person where you normally pay rent.

   Source:

   1. § 5321.07(A), Ohio Revised Code. Law.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

   Tip.

   If you can pay for it, a private home inspector can check the problems. Their written report and photos help show the conditions.

Get your home inspected

3. 3

   If there is a code enforcement office where you live, you can ask them to inspect your home. If the inspector finds a code violation, they will order your landlord to make the repair. Keep a copy of the inspector's report for your own records.

   Source:

   1. "Contact code enforcement" step, Ohio Legal Help. A nonprofit group.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   From Coalition on Homelessness and Housing in Ohio (COHHIO).

If it is still not fixed

4. 4

   After your landlord gets your written notice, your landlord has a reasonable time to fix the problem, or 30 days, whichever is sooner. If the problem is still not fixed and you are current on rent, you can do one of 3 things. You can deposit your rent with the court clerk, ask the court to order the repair, or end your lease.

   Source:

   1. § 5321.07(B), Ohio Revised Code. Law.
   Your landlord can sue you for the rent.

   If you move out early because of repairs, your landlord can sue you for the rent up to the end of your lease. If the judge rules for your landlord, you can owe that rent. Your proof matters. Get legal help first.

5. 5

   You cannot simply stop paying rent because your landlord will not make repairs. Instead, Ohio law lets you use rent escrow (paying your rent to the court instead of your landlord). If you stop paying rent without doing this, your landlord can evict you for not paying rent. You pay the rent to the clerk of the municipal or county court where your home is located.

   Sources:

   1. § 5321.07(B)(1), Ohio Revised Code. Law.
   2. "Can you withhold rent?" section, Ohio Legal Help. A nonprofit group.
6. 6

   You can ask the court to order your landlord to make the repairs. You can do this instead of rent escrow (paying your rent to the court instead of your landlord), or along with it. You can also ask the court to lower your rent until the repairs are done. You can ask the court to use the rent you already deposited to pay for the repairs.

   Source:

   1. § 5321.07(B)(2), Ohio Revised Code. Law.
7. 7

   When you deposit rent with the court, the clerk must tell your landlord in writing. The clerk must hold your money in a separate rent escrow account (an account that holds your deposited rent) at a bank in Ohio. The clerk may charge a fee of 1% of the rent you deposit. For example, 1% of $800 rent is $8.

   Source:

   1. § 5321.08(A)-(B), Ohio Revised Code. Law.
8. 8

   Rent escrow (paying your rent to the court instead of your landlord) does not apply in one case. Your landlord must rent out 3 or fewer homes and must have given you written notice of that. Your landlord can give this notice in your written lease, or in a separate written notice if your agreement was spoken.

   Source:

   1. § 5321.07(C), Ohio Revised Code. Law.
9. 9

   Ohio Legal Help says you generally cannot make the repair yourself and take the cost off your rent. Use the rent escrow process (paying your rent to the court instead of your landlord) instead.

   Source:

   1. "Can you withhold rent?" section, Ohio Legal Help. A nonprofit group.
10. 10

    Your landlord cannot raise your rent, cut services, or try to evict you because you complained about repairs. This is true whether you complained to your landlord or to a government agency. Your landlord also cannot punish you for joining with other tenants to deal with your landlord as a group.

    Source:

    1. § 5321.02(A), Ohio Revised Code. Law.
11. 11

    Bring evidence to your rent escrow hearing (the court hearing about the rent you paid to the court instead of your landlord). This can include the letter you sent your landlord, any inspection reports, and photos of the problem. Print photos if you only have them on your phone.

    Source:

    1. "Go to your hearing" section, Ohio Legal Help. A nonprofit group.
12. 12

    Once your landlord finishes the repairs, go back to the court and sign a release form. This lets the court pay your deposited rent to your landlord.

    Source:

    1. opening paragraph, Ohio Legal Help. A nonprofit group.