If you live in a rental property within the Court’s jurisdiction and have problems with the condition of your residence which are affecting your health and safety, you can pursue Rent Escrow through Kettering Municipal Court. Through this legal action, you can request that your rent be paid to the Court and held in an escrow account while the problems are being fixed by your landlord.
The Clerk’s Office Civil Division has a Rent Escrow Application for your use. Please note that the application states that you need to provide to the court a copy of the written request that you provided to your landlord listing the problems that need fixed. If 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, and if the tenant is current in rent payments due under the rental agreement, the tenant may” pursue rent escrow action. (See Ohio ORC 5321.07)
Upon filing your Rent Escrow paperwork with the Clerk’s Office, you will then deposit your rent with the Court on or before your rental agreement due date each month. Your landlord cannot evict you while this escrow process is occurring. There is no charge to file this request. The Court will collect a 1% fee of the total amount deposited. Once the problems have been corrected, the landlord can request a hearing to release the escrowed rent to their possession. The Clerk’s Office will notify you of the date and time of this hearing.
The Rent Escrow legal process must be followed correctly. Otherwise your landlord may be able to force you to leave. For detailed instructions on the Rent Escrow process, you may contact:
Legal Aid Line of Western Ohio
1-888-534-1432
www.legalaidline.org
You may also view their brochure, “Your Rights & Duties as a Tenant.”