Tenant Remedies for a Landlord's Delayed Repairs

Attorney Answer

Yes — Ohio law gives you a rent-escrow remedy: under Ohio Revised Code § 5321.07, since you're current on rent, you can deposit your rent with the clerk of court instead of paying your landlord directly once you've given proper notice and a reasonable time to fix the problem has passed.

Ohio Rev. Code § 5321.07 allows a tenant who is current on rent to deposit rent in escrow with the clerk of court after giving the landlord written notice of needed repairs, if the landlord fails to remedy the condition within a reasonable time. The statute does name thirty days, but as an outer limit, not a waiting period. Ohio Rev. Code § 5321.07(B) applies once the landlord fails to remedy the condition "within a reasonable time considering the severity of the condition and the time necessary to remedy it, or within thirty days, whichever is sooner." The more severe the problem — no heat, sewage, mold — the shorter the reasonable time, so you may be entitled to escrow well before a month has passed. The Summers decision below makes exactly this point: the tenant filed for escrow five days after her notice, the landlord moved to dismiss because she had not waited 30 days, and the court held there is no requirement that she wait 30 days to file her application.

What you can do:

1. Continue preserving your two months of dated texts and documentation — this timeline supports that your landlord has had ample opportunity to respond.

2. Send written notice (if you haven't already sent one in this form) clearly describing the needed repairs, and keep proof of delivery.

3. If a reasonable time passes without repairs, deposit your rent in escrow with the clerk of the municipal or county court that has jurisdiction over your address, rather than a generic local clerk of courts.

4. Consider small claims court as a parallel option if you're seeking money damages for the delay rather than, or in addition to, escrow.

Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court and judge actually handle this — is worth more than any general guidance, including this page.