Tenants’ rights can aid in lead remediation

A common source of lead poisoning is lead paint found in homes built before 1978 (the year lead paint was outlawed). Many Cleveland Heights families reside in rental housing, much of which was built before 1978.

Signs that there may be lead hazards in a home include: 1) a blood test result showing elevated levels of lead; 2) the home was built before 1978; 3) there is chipping and peeling paint, especially on window frames, door frames and porches.  

If a landlord does not repair these conditions, they may be in violation of their duty to keep the rental premises in a fit and habitable condition. Tenants can take action to enforce their rights to reside in a rental property free from lead hazards. To follow are some practical steps that tenants can take if there are lead hazards in their rental home.   

Under Ohio law tenants can deposit their rent (“escrow rent”) at the court (instead of paying it to the landlord) if there are known lead hazards or other condition issues that a landlord is not repairing. The tenant must follow the steps provided in the law. A tenant cannot legally withhold rent because repairs have not been completed. Escrowing rent is a legal way to put financial pressure on a landlord to make repairs and ask the court for assistance in ensuring that repairs are made.  

To begin the rent deposit process, tenants must be current on their rent. Next, tenants must notify their landlord in writing of the needed repairs and provide a reasonable amount of time for the landlord to make the repairs—usually 30 days. Tenants must continue paying rent to their landlord during that 30-day period. For example, if a tenant provides written notice of needed repairs to the landlord on Oct. 17 and gives the landlord 30 days to make the repairs, the tenant must pay November rent to the landlord (only 13 days have passed). The tenant can then deposit the rent with the court in December if no repairs have been made. 

If the landlord does not repair the condition or show substantial efforts to start the repair in the 30 days, then tenants can begin to escrow rent. At the clerk’s office at Cleveland Heights Municipal Court, the tenant can complete an application to deposit their rent, include a copy of the notice provided to the landlord of the condition(s) needing repair, and deposit their rent. Each month, tenants must keep depositing rent on time at the court until the case is resolved. 

A landlord cannot retaliate against tenants (for example, by filing an eviction) if a tenant has properly deposited rent payments with the court.

Landlords can find resources and requirements for proper lead testing and remediation through the city of Cleveland Heights. For more information, visit www.clevelandheights.gov/246/Lead-Safe-Homes.

Legal Aid may be able to help tenants facing unsafe housing conditions or who have questions about rent deposit. Call 888-817-3777 or visit lasclev.org/contact for more information.