Information for Tenants - Rent Escrow Process
Residential tenants who believe their landlord has not
maintained the rental unit in accordance with the landlord’s
obligations may place their monthly rent payment into an escrow
account with the Clerk of Toledo Municipal Court. A tenant may
not be evicted for filing a rent escrow action in good faith.
The tenant should notify the landlord specifying the
condition or code violation to be remedied. If the landlord does
not correct the condition within a reasonable time after receipt
of notice, the following procedures apply:
- Tenant may deposit rent money with the Clerk in the
Toledo Municipal Court, Civil Branch. Rent payment must be
in the form of cash or money order. Once a rent escrow is
established, tenant is required to continue to make monthly
rent payments into Court until the matter is resolved.
- Tenant must complete the "Application and Affidavit for
Tenant Rent Escrow Form" at the time the rent money is
deposited into escrow. This form asks some basic information
about the tenant and landlord and the conditions that remain
uncorrected.
- The Civil Branch of the Clerk's Office will then assign
a case number and open a file jacket.
- The landlord will be notified that the tenant has placed
rent into escrow.
- If there are no housing or health code violations, the
case will be sent to the Citizens Dispute Settlement Program
(CDSP) within Toledo Municipal Court. That office will set a
mediation date and will notify the landlord and tenant.
- The issues discussed with CDSP and any agreement reached
by the parties are not made a part of the court file and are
not disclosed to the Magistrate and Judge.
- If an agreement is not reached between the tenant and
landlord at C.D.S.P., a hearing is set before the Housing
Court Magistrate, and a notice to appear is sent to the
parties by the Assignment Commissioner's Office. The case
may be assigned to the Housing Specialist for investigation,
report and recommendations.
- A decision will be made by the court.
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