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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