Rental Home Repairs
It is the responsibility of landlords to make necessary property repairs not caused by the tenant (Section 5321.04 of the Ohio Revised Code). Know your rights and responsibilities as a tenant and follow the proper procedure to go through the rental home repair request process to protect yourself.
Know Your Rights & Responsibilities
"Cincinnati’s Tenant Training Program is offered by the City of Cincinnati Department of Buildings and the Cincinnati Law Department. This free training was created to provide critical information regarding tenant rights and responsibilities to those who may rent or are currently renting property in the City of Cincinnati. This training focuses on such topics as: Landlord and Tenant Duties, Problem Solving v. Litigation, Eviction Process, Getting Your House Fixed, Lease v. Code Obligations, Law Department Quality of Life Team, Tenant Organizations" Learn More >
Landlord Responsibilities
Your landlord has responsibilities too. Your landlord needs to make sure your home is safe, livable and up to code. Here are some examples of repairs that your landlord is responsible for:
Keep common areas like hallways, stairs and elevators safe and clean
Make sure you have a safe and reliable heating source
Make sure you have running water, including hot water
Repair appliances that came with the home, like the refrigerator or stove
Repair problems with the electricity, plumbing, ventilation and sewage systems
Repair your air conditioner, if it came with your home
Get rid of an insect or rodent infestation, including cockroaches and mice
Fix broken windows, doors, locks and stairs, as long as you, your family or guests did not cause the damage
Provide garbage cans, if your building has 4 or more units
Source: What Repairs Should Landlords Make by Ohio Legal Help
Tenant Responsibilities
Pay rent on a timely basis
Keep their premises in a “safe and sanitary” condition
Remove trash and keeping the property clean.
Keep plumbing fixtures clean
Use any electrical and plumbing fixtures properly
Comply with all state and local housing, safety, and health codes
Maintain any refrigerator, washer, dryer, dishwasher, range or any additional appliance supplied by the landlord
Perform minor maintenance
Not destroy or damage any part of the property
Not disturb other tenants or neighbors
Not unreasonably withhold consent from the landlord to enter the premises to make repairs and other necessary and ordinary maintenance
Source: Ohio Landlord Tenant Rights by iProperty Management
Landlord Retaliation
Retaliation as a response to a tenant exercising their rights is illegal. A landlord cannot legally raise the rent, decrease his services or bring or threaten to bring an eviction action against a tenant merely because of complaints. If you believe a landlord is retaliating for lawfully exercising your rights as a tenant, call LegalAid (513.241.9400) or Housing Opportunities Made Equal (513-721-4663) for help.
Tenants Have the Right To...
Complain to the landlord for not fulfilling their duties under the ORC
Complain to an appropriate governmental agency
Organize
Retaliatory Eviction
If landlord files an eviction within 6 months of a tenant complaint, the court assumes it is filed in retaliation
If being evicted and landlord retaliation is suspected, the tenant may:
Use the retaliatory action of the landlord as a defense in an eviction;
Bring a civil lawsuit against the landlord when a landlord uses a self-help eviction or acts of retaliation;
Sue for damages and attorney fees;
Terminate the rental agreement or lease contract.
Source: Ohio Tenant Landlord Law-General Guidelines, Housing Opportunities Made Equal
Undocumented Immigrants
The Hamilton County court does not notify ICE or Homeland Security of persons suspected of not having proper immigration documentation.
If a landlord knows that you are undocumented, they could use that information against you. If you are experiencing harassment or an unhealthy/unsafe living environment, call LegalAid for help (513.241.9400).
Proper Process for Rental Home Repair
Step 1: Provide Written Notice of the Specific Repairs Needed to Your Landlord
Inform your landlord of any necessary repairs. If you, or anyone living with you caused the property damage, work it out with your landlord on how to move forward as a team. If the damage was not caused by you, provide written notice of necessary repairs. Be specific.
"It’s not good enough to call your landlord. You must give your landlord a written description of the problems that need to be fixed. Sign and date it, and keep a copy." A written letter is best, but you can also use email or text. Keep copies of everything and date them.
Source: Tenant Guide to Rent Escrow, Legal Aid Society of Greater Cincinnati
Helpful Templates for Writing Your Letter
Step 2: Wait (Pay Rent to Landlord as Usual and On Time)
No matter how bad conditions are, Ohio law does not allow you to use escrow if you are behind on rent, so keep paying your rent to your landlord and on-time.
Non-Emergency Repairs
The landlord needs a “reasonable” amount of time to make repairs, generally “reasonable” means waiting at least 30 days.
Emergency Repairs
If the repair(s) requested is an emergency (like sewage water leaking into your apartment from above), the waiting time is less than 30 days.
Source: Tenant Guide to Rent Escrow, Legal Aid Society of Greater Cincinnati
Step 3: Landlord Hasn't Repaired the Problem or is Uncommunicative Regarding Repairs
If the landlord is uncommunicative regarding repairs/the submitted written repairs request
AND/OR hasn't repaired the problem in a reasonable amount of time
AND/OR if there are outstanding orders by city or health department and no progress is being made...
Emergency Repairs
Call Legal Aid Society of Greater Cincinnati (513.241.9400). They have a Housing Attorney on call daily to help you with this process.
Non-Emergency Repairs
Report Unsanitary Living Conditions
Check your city to see if you can report unsanitary living conditions to your local government for inspection.
Cincinnati (Hartwell, Carthage)
Issues of nuisance (rodents/bugs), electrical and/or plumbing can be reported to the city inspectors
3rd party case workers can do this online (assuming they get a client's release to give the info to the City)
Put both your contact info and tenant’s contact info
Contacts for Health & Building Inspectors
Health problems in neighborhoods, including around pests, mold, lead, water, and other concerns
Phone: 513-352-2908
Address: “Healthy Homes Division” 1525 Elm Street, Cincinnati OH, 45202
Cincinnati Property Maintenance Code Enforcement
Home safety hazards, building repairs, and quality of life concerns: https://www.cincinnati-oh.gov/buildings/property-maintenance-code-enforcement/
Phone: 513-352-3275
Address: 805 Central Ave Suite 500, Cincinnati OH, 45202
Lockland
Contact the Code Enforcement Officer
Call Tyler Council at 513-761-2751
Or submit a question online https://www.locklandoh.org/contact-us/2017-2/
Springfield Township
Call 513-522-1410
Or submit a question online https://www.springfieldtwp.org/FormCenter/3/52
Woodlawn
Call 513.771.6130 to inquire
Wyoming
Submit a Service Request online with the City of Wyoming: https://wyomingohio.gov/citizen-action-line/
To start, click the Login button on their website to login to your account or register for an account
Section 8 tenants are also allowed to ask for an inspection from Cincinnati Metropolitan Housing Authority (CMHA). Or you can call CMHA at 513-721-4580 and ask about an inspection of your home.
Step 4: Consider Rent Escrow & Determine Eligibility
You have the right to exercise your right to a safe and healthy rental home by using rent escrow. Ohio law allows a tenant to pay rent into court to force the landlord to make repairs. This is rent escrow, but there can be some complications if you are unfamiliar with the process.
Prepare Yourself
Read the Tenant Guide to Rent Escrow by Legal Aid Society of Greater Cincinnati
Read through "Step 5: Use Rent Escrow to Force Landlord to Make Repairs"
Determine Your Eligibility to Use Rent Escrow
You cannot use rent escrow if:
The property damage was caused by you or someone living with you.
** note: If the court finds that the condition about which the tenant complained in the notice was caused by the tenant and that the tenant deliberately acted in bad faith, the tenant will be liable for damages caused to the landlord and for court costs and attorney fees. **
It hasn't yet been 30 days since you gave the landlord written notice.
You are behind on rent.
You have violated your lease agreement.
Your landlord has filed to have you evicted
** note: If you believe this was in retaliation, call Legal Aid at 513.241.9400**
Your landlord gave you written notice of the fact that they lease three or fewer dwelling units when you moved in (in which case they could be exempt)
Decide if you want to go through the rent escrow process
Rent escrow is a legal tool to help you protect your right to live in safe and healthy home. However, only you can decide if this is the path you want to take. Read about the entire Rent Escrow process, as there are pros and cons. You can use one of the legal resources below to help you decide if you still have questions or concerns.
Step 5: Use Rent Escrow to Force Landlord to Make Repairs
Prepare Yourself:
Gather all of your evidence regarding the repairs needed, how they've affected you, and your communications with your landlord.
Make sure this month's rent has been paid.
Mark a date on your calendar to file the rent escrow application before your rent is due next month.
You must start the rent escrow application process *before* your rent is due.
Step 1: File a Rent Escrow Application
Before your rent is due, fill out the Rent Escrow application:
Can print and fill out: https://www.courtclerk.org/forms/rentescrowapp.pdf
Can go to court Help Center in Room 113 of Hamilton County Courthouse to get the form or to get help with the process
Send a copy of the filled out Rent Escrow application to the landlord
Before your rent is due, submit the form in Room 115 to officially file the complaint
The court will create a court case in order to record escrow. Your name will appear on the Hamilton County Clerk of Courts as [YOUR NAME] v. LANDLORD for an amount of “R $ -”
Make a note of your Case Number for your records and to use when paying rent into escrow
Step 2: Pay Your Rent to the Court Instead of Your Landlord
Before your rent is due, pay your rent into escrow at the Clerk of Courts at the Courthouse in Room 115, Mon-Fri until 3:30pm
You'll need your Case Number from when you filed your Rent Escrow application
Must pay your portion to court in rent escrow, even if CMHA is escrowing their portion of rent
Must pay rent no matter what, or landlord can file eviction and will get your rent money that you put into escrow
There is no fee for escrowing your rent
Payment Methods Accepted
Certified check
Corporate check (from 3rd party like SVDP, Lighthouse, etc)
Card
Cash
Keep all receipts
Continue paying rent into escrow until repairs completed
Step 3a: Repairs Completed
File an Application for the Release of Rent with the Clerk of Courts
Rent in escrow will be released to the landlord
Step 3b: Repairs Still Not Completed
You Have the Option to:
Make the Repairs Yourself with Your Rent in Escrow
File a Motion to Release Funds to Tenant, which will release your money held in rent escrow to tenant to make repairs or reimburse you for the cost of repairs
You will receive a court date in the mail
Ask the Court to End Your Lease Agreement Early
File a Motion Ask the court to terminate your written lease early without the normal consequences
Ask the Court to Order the Landlord to Make the Repairs
File a Motion for a temporary injunction to ask the court to order the landlord to make the repairs
Ask the Court to Lower Your Rent
File a Motion to lower tenant's rent
** Landlord Might File a Rent Escrow Complaint **
If your landlord believes you put your rent into escrow unjustly, they could file a rent escrow complaint with the court, which will result in a court case.
You will be served a notification from the court that your landlord has done this
If you believe your rent escrow is just,
You will have 28 days after being served to file an Answer (a written response to the landlord's claims)
You will have 28 days after being served to file Counterclaims (if you believe the landlord owes you money)
A Trial Date will be set
Prepare for Trial
Print copies of all communications regarding conditions
Document impact of your ability to use your entire home (photos labeled as exhibits with explanation)
Have specific, tangible numbers for how you were inconvenienced financially (receipts, medical documentation, etc)
** Be aware: the court won’t award large sums of money in damages (see below)
Possible Trial Outcomes
Rent escrow could be released to the landlord if:
Issues Have Been Fixed: The condition contained in the notice has been remedied by the landlord.
No Written Notice: The tenant did not give written notice of the condition to the landlord at the location that rent is paid.
No Reasonable Time: The tenant has not given the landlord a reasonable amount of time (30 days) to repair the condition.
Behind on Rent: The tenant was not current in rent payments under the rental agreement at the time of filing the application.
No Legal Violation: There was no violation of the landlord’s duties under Ohio Law.
Tenant Fault: The condition specified in the notice was the result of an act or omission of the tenant and not the landlord. (If the court finds that the condition about which the tenant complained in the notice was caused by the tenant and that the tenant deliberately acted in bad faith, the tenant will be liable for damages caused to the landlord and for court costs and attorney fees.)
Bad Faith: The tenant submitted notice to the landlord in “bad faith.”
Escrow could be split 50/50 and awarded to both landlord and tenant
Court Could Award Damages to Tenant
Court won’t award large sums of money (will not award full value of rent)
The damages will equal the value of rental premises in prime condition minus the rental value of the premises in their defective condition per month condition was in effect
Subsidized housing – damages are based on full market value, not on your subsidized share of rent
Legal Resources
Provides people with education, information, and free limited legal advice.
513-946-5650
Location: Hamilton County Courthouse, Room 113
Address: 1000 Main Street, Cincinnati, OH 45202
Walk-in Visits Available:
Monday - Friday from 8:00 a.m. – 3:00 p.m.
Provides legal assistance for people with low-incomes.
513.241.9400
Advocates for and enforces housing regulations for all with a mission to eliminate housing discrimination.
513-721-4663
Provides basic legal information and helps you search for legal representatives.
United Way (211)
Speak to a trained professional who can connect you to essential community services — 24/7, 365 days a year. Translation services available.
Their certified information and referral specialists are trained to listen, engage, ask questions, assess your needs and connect you to a community resource from our large database of local providers in the tristate.
How to Contact Them
Dial 211 or 513-721-7900
Text "211CARES" to 51555
Online Request - https://www.uwgc.org/get-help/united-way-211/intake-form
What Can 211 Help With?
The 211 service can help you find and access a number of resources (kind of like a Google search specifically for finding assistance for your situation). Below are just a few of the things they can help you find:
CRIMINAL JUSTICE & LEGAL RESOURCES: Courts, Criminal Correctional System, Judicial Services, Law Enforcement Agencies, Law Enforcement Services, Legal Assistance Modalities, Legal Education/Information, Legal Services, Tax Organizations and Services