Resources For Tenants

This section provides tenants with information to help them better understand their rights and responsibilities under the law. It is our hope that tenants will utilize the resources provided as a guide for better tenant-landlord relations. The information provided in this section does not constitute legal advice and is intended for reference purposes only. For specific interpretation of the law, or if you have doubts regarding your legal rights, please seek legal assistance.

Rights & Responsibilities

A tenant has certain rights and responsibilities. Tenants are bound by lease agreements and laws, which govern rental of residential property.

The following is a general list of rights for tenants:

1. Tenant has a right to be provided with a dwelling unit in good repair that meets all applicable housing codes.

2. The landlord is required to make all repairs in a timely manner. A reasonable time for repairs to be completed is considered thirty (30) days after notification, unless the problem is of an immediate nature.

3. If a tenant believes the landlord is not fulfilling the landlord’s duties and obligations by providing a dwelling that meets all applicable housing codes, the tenant has the right to ask the court’s assistance. (See Rent Escrow Process section for more information)

4. Dwelling must be provided with a heating system capable of maintaining a minimum of 68 degrees in each habitable room.

5. A tenant’s application for rental of a residential unit may not be refused because of race, color, national origin, sex, religion, familial status, disability, military status, ancestry, sexual orientation and gender identity. (Age is a protected class in Ohio for lending only.) For discrimination complaints or more information, you may contact the Fair Housing Center at (419) 243-6163 or visit their website at Toledo Fair Housing Center.

6. Tenants in dwellings of a single rental unit must provide their own containers for the sanitary and safe storage and disposal of trash. Landlords must provide trash receptacles for tenants in dwellings of two or more units.

7. Tenants who lease dwellings built before 1978 are to receive a federally-approved lead hazard information pamphlet from their landlord BEFORE THE LEASE TAKES EFFECT, as well as disclosure of any known lead-based paint and/or lead-based paint materials. For more information, contact the EPA National Lead Information Center at 1-800-424-LEAD, or visit their website at Environmental Protection Agency.

8. A landlord may not retaliate against a tenant by increasing the tenant’s rent, withholding services, cutting off utilities or threatening a FED (eviction) action, because the tenant has complained to an appropriate government agency of a building, housing, health or safety code; the tenant has complained to the landlord of a code violation; the tenant joined with other tenants to negotiate or deal collectively with the landlord on any terms or conditions of a rental agreement. R.C. §5321.02 (A)(1)(2)(3).

9. The tenant has a right to the return of that portion of the security deposit that the landlord has not applied to the payment of past due rent and/or to any damage the landlord incurs because the tenant did not comply with tenant obligations. If the landlord does not send an itemized statement of deductions to the tenant’s forwarding address within thirty (30) days of the end of occupancy and delivery of possession, the tenant may be entitled to recover double the amount the landlord wrongfully withheld plus attorney fees.

The following is a general list of responsibilities for tenants:

1. Must keep the premises and appliances clean and in a safe and sanitary condition.

2. Must keep the premises free of trash and garbage.

3. Must use and operate electrical and plumbing fixtures properly.

4. Must allow the landlord or agent entrance to the dwelling/unit in order to inspect the premises, make ordinary, necessary, or agreed upon repairs, decorations, alterations, or improvements, or exhibit the dwelling unit to prospective purchasers. Reasonable notice to enter the premises is generally 24 hours.

5. Must not intentionally or negligently destroy, damage, deface property or remove any plumbing fixtures or appliances from the premises.

6. Must conduct self and require others on the premises to conduct themselves in a manner that will not disturb the neighbor’s peaceful enjoyment.

7. Must pay rent when due. The lease or rental agreement may provide a grace period.

8. Must not make alterations or additions to the dwelling unit except with the landlord’s consent.

9. Must promptly notify the landlord of known needed repairs to the dwelling.

10. Must comply with applicable housing, health and safety codes (R.C. §5321.05 (A)(5)).

11. Must dispose of garbage and maintain the premises so as not to attract insects, rodents or other pests.

12. Must maintain all utilities required by their lease agreement and not cause disruption of service.

13. Must not allow more persons to occupy a rental unit than is permitted by housing code or written lease agreement.

This list is provided as a general guide to tenant’s rights and responsibilities. This list is not all inclusive, nor should it be interpreted as legal advice.

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:

1. Tenant may deposit rent money with the Clerk of Court in the Toledo Municipal Court, Civil Branch. You must deposit the full amount of your rent with the Court.  The Court accepts cash, check or credit card (please be aware that there is a 5% surcharge for credit and debit card payments).  Checks must be made out to Toledo Municipal Court.  Once a rent escrow is established, the tenant is required to continue to make monthly rent payments to court until the matter is resolved.

2. 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.

3. The civil branch of the Clerk's Office will then assign a case number and open a file jacket.

4. The landlord will be notified that the tenant has placed rent into escrow.

5. If there are no housing or health code violations, the case will be sent to the Mediation Services Office in the Help Center within Toledo Municipal Court. That office will set a mediation date and will notify the landlord and tenant.

6. The issues discussed with the Mediation Services Office 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.

7. If an agreement is not reached between the tenant and landlord at the Mediation Services Office, 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.

8. A decision will be made by the court.

Legal Assistance

These agencies offer assistance to families and individuals in need of help. Please contact any of the agencies below for specific eligibility requirements.

* These agencies are affiliated non-profit law firms that provide free high-quality civil legal assistance in civil matters to income-eligible individuals in northwest Ohio.

Disabilities

A landlord cannot refuse to make a reasonable accommodation in policy, practice, rule and/or service that will allow a person with a disability to fully use a rental unit. This section contains housing rights and advocacy organizations for accessible housing.

The Ability Center of Greater Toledo has provided the following information and advocacy organization links to assist people with disabilities in obtaining affordable, accessible housing.

Housing Rights to Keep in Mind

• It is illegal to discriminate against a person with a disability in terms, conditions, services, or facilities when renting or selling housing units.

• A landlord or agent cannot refuse to make a reasonable accommodation in any policy, practice, rule and/or service that will allow a person with a disability to fully use a unit.

• It is also illegal to refuse a person with a disability the right to make a reasonable modification to the premises at his or her own expense. An example would be installing a ramp or widening doorways.

Housing Advocacy Organizations

In addition to The Ability Center, the following organizations are also working to generate accessible housing:

Concrete Change is an international organization dedicated to making all homes “visitable.” Visitable simply means making one entrance into a house or apartment with no steps. It also ensures that all doorways and halls are at least 32” wide. While this is not full accessibility, it allows people with mobility impairments the freedom to visit friends. You can contact them at: 600 Dancing Fox Road, Decatur, GA 30032 or Concrete Change.

The Disability Rights Action Coalition for Housing (DRACH) is a national network of organizations who work with housing providers to ensure that they follow the independent living and consumer control philosophies in their service provision. You may contact them at (215) 634-2000.

The Toledo Fair Housing Center is dedicated to eliminating housing discrimination and enforcing fair housing laws. You can reach them at (419) 243-6163 or www.toledofhc.org.

Lucas County Metropolitan Housing Authority (LMHA) has several housing options for people with disabilities. You may contact them at (419) 259-9400 or visit them at Lucas County Metropolitan Housing Authority.

Links & Contact Information

We have provided the following list of contacts to assist you in reaching the department or service that can address your particular problem or question. Please be aware that law forbids court personnel to give legal advice. Refer to contacts under “Legal Assistance” to seek legal counsel.

Toledo Municipal Court Housing Resources

Foreclosure Information for Tenants

Legal Assistance

* These agencies are affiliated non-profit law firms that provide free high-quality civil legal assistance in civil matters to income-eligible individuals in northwest Ohio.

Non-Profit Assistance Organizations

Lucas County Resources

City of Toledo Resources

Curbside Recycling Information