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 Toledo Municipal Court Clerk of 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 of Court 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 to 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 is not made a part of the court file and is not disclosed to the magistrate and judge.
- If an agreement is not reached between the tenant and landlord at CDSP, 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.