In Ohio, if a landlord refuses to make necessary repairs within a reasonable amount of time, a tenant can “rent deposit.”

“Rent deposit” or “rent escrow” means a tenant can pay rent to a court, instead of the landlord.

The tenant must be very careful to follow certain rules when paying rent to a court. If a tenant stops paying rent because the property needs repairs, the tenant risks an eviction for non-payment of rent. Instead of refusing to pay the rent, a tenant should follow the rent deposit procedure.

Click here for a brochure on “How to Rent Deposit” published by Legal Aid.

Learn about Ohio Landlord-Tenant Law through this new brochure published by Legal Aid.  Click here to see a PDF of the brochure.

In Ohio a Landlord has a duty to:

1. Keep the property in livable condition.
2. Keep the common areas clean and safe.
3. Comply with building, housing, health, and safety codes.
4. Keep in good working order all electrical, plumbing, heating, and ventilation equipment.
5. Maintain all appliances and equipment supplied by the landlord.
6. Provide running water, hot water and heat (unless the hot water and heat are controlled entirely by the tenant and supplied by a direct public utility hook-up).
7. Provide garbage cans and trash removal (if the landlord owns four or more residential units in the same building).
8. Give at least 24 hours notice, unless it is an emergency, before entering a tenant’s unit, and enter only at reasonable times and in a reasonable manner.
9. Evict the tenant when informed by a law enforcement officer of drug activity by the tenant, a member of the tenant’s household, or a guest of the tenant occurring in or otherwise connected with the tenant’s premises.

In Ohio a Tenant has a duty to:

1. Keep the property clean and safe.
2. Dispose of rubbish in the proper manner.
3. Keep the plumbing fixtures as clean as their condition permits.
4. Use electrical and plumbing fixtures properly.
5. Comply with housing, health, and safety codes that apply to tenants.
6. Refrain from damaging the property and keep guests from causing damage.
7. Maintain appliances supplied by the landlord in good working order.
8. Conduct yourself in a manner that does not disturb any neighbors and require guests to do the same.
9. Permit landlord to enter the dwelling unit if the request is reasonable and proper notice is given.
10. Comply with state or municipal drug laws in connection with the property and require household members and guests to do the same.

Lead poisoning occurs when lead builds up in the body, often over months or years. Even small amounts of lead can cause serious health problems. Children younger than 6 years are especially vulnerable to lead poisoning, which can severely affect mental and physical development. At very high levels, lead poisoning can be fatal.

Lead-based paint and lead-contaminated dust in older buildings are the most common sources of lead poisoning in children.  There is treatment for lead poisoning, but taking some simple precautions can help protect you and your family from lead exposure before harm is done.

Legal Aid can help!  Click here for an informative brochure about Lead Poisoning: Know Your Rights, Remedies & Resources.  You can also browse other Legal Aid articles related to lead poisoning and related FAQ’s and brochures by clicking here.

Get Tested for Lead

Young Children at Risk
Children 6 years old and under are at most risk for damage from lead poisoning. Children may be at risk of lead poisoning if:

• They live in or visit a home built before 1978.
• Paint is peeling on windows or doors.
• Large patches of bare dirt are exposed around their home.

Child Testing
Have your child’s doctor test your child’s blood lead levels. If you are covered by Medicaid, the lead screening will be covered. If the blood lead level is above 5 μg/dl there is cause for concern.

If the blood lead level is above 10 μg/dl, Ohio law requires the Ohio Department of Health or a local health department to inspect the child’s home for lead hazards. Update your contact information with the child’s doctor to ensure the Department of Health can inspect.

Home Testing
Call the Ohio Department of Health at 877-532-3723 to get more information on having the place a child lives or visits tested for lead. Cleveland residents should call 216-664-2175. Other Cuyahoga County residents should call 216-201-2000.

Get the Lead Out

Tenants
If you live in a rental unit built before 1978, notify your landlord in writing if there is any peeling paint, large patches of bare dirt on the premises, or if your child has lead poisoning and request that your landlord make repairs. Date the letter and keep a copy for your records. If your landlord fails to make repairs within 30 days, under Ohio law you may:

• Deposit your rent in escrow at the court.  You must be current in rent payments to use this process. See step by step directions for rent depositing at: https://tinyurl.com/LegalAidRentDeposit.
• Apply to the court to order the landlord to make repairs to lead hazards.
• Terminate your lease and move.
• Depositing rent may waive your rights to sue your landlord for any injury resulting from the lead poisoning. To consider any claims against your landlord, consult with an attorney before depositing rent.

Call Legal Aid if your landlord files an eviction or raises your rent after you have provided notice of a lead condition or because you have contacted the Health Department because of lead conditions.

Homeowners
Contact your local public health authorities for information on assistance programs to make your home lead-safe. Federal law requires disclosure of any known lead hazard at the time of sale.

Get Help

Help Your Child
Lead poisoning may have long term effects including attention difficulties, behavior problems, or learning challenges. A nutritional diet early on may help. For more information see: www.epa.gov/lead.

Early Intervention
A child under the age of 3 years old that has been lead poisoned may qualify for early intervention Help Me Grow services, even if they are not showing signs of delay. Call Help Me Grow at 800-755-4769.

Special Education
If a child has learning or behavior problems in school, ask the school to evaluate the child for special education services. Let the school know the child was lead poisoned, and it is impacting the child’s education.

• Put the request in writing.
• Date the request and keep a copy.
• If you are not given a written response within 30 days, contact Legal Aid.

Personal Injury Suit
You may have claims if your child has been lead poisoned. Lawsuits based on lead poisoning may be difficult to prove. Call your local bar association to consult with an attorney who handles personal injury claims.

Contact Legal Aid
Call Legal Aid’s intake line or visit your local Legal Aid office.  Click here for details: www.lasclev.org/contact/

Legal Aid’s Brief Advice Clinics
Want to talk in-person with an attorney? In addition to in-person and phone intake, Legal Aid offers Brief Advice Clinics in neighborhoods throughout Northeast Ohio. At the Clinics you can talk in-person with an attorney and ask questions about your legal problem.

Text 216-242-1544 with the message LAS CLINIC for date and location of next clinic or visit www.lasclev.org for a complete schedule.

Contact the Bar Association
Contact your local bar association for a referral to a private attorney.

• Cleveland Metropolitan Bar Association: 216-696-3532
• Lorain County Bar Association: 440-323-8416
• Lake County, Ohio Bar Association: 440-350-5800
• Geauga County Bar Association: 440-286-7160
• Ashtabula County Bar Association: 440-415-4503

Click here for a helpful info card which briefly highlights your rights related to Lead Poisoning.

First steps to prevention

• The most common sources of lead are peeling paint and bare soil.
• Contact your landlord in writing to request a repair of these conditions.

Test your Children

• Ask your pediatrician to test your child for lead poisoning.
• If your child’s blood lead level is above 5 μg/dl there is cause for concern.
• If it is above 10 μg/dl the Department of Health should inspect your home.

Get Help

• If your child is falling behind in school, ask the school in writing to evaluate them for special education and mention their lead
  poisoning. Contact Legal Aid if you do not receive a response within 30 days.
• If your landlord refuses to repair lead hazards, contact Legal Aid.

Text FAQ LEAD to 216.242.1544 for a link to more information, including resources for homeowners.

If you are a tenant, your landlord is required to make certain necessary repairs to your rental unit, including:
• Repairs to keep the property in a livable condition;
• Repairs to meet housing and building codes that affect your health and safety; and
• Repairs required by your lease.

In Ohio, a tenant can pay rent to a court, instead of the landlord, after a landlord has refused to make necessary repairs within a reasonable amount of time. This is called “rent deposit” or “rent escrow.” However, the tenant must be very careful to follow certain rules in order to deposit rent to the court properly.

Before a tenant can deposit rent into the court, the tenant generally must:
• Be current on rent;
• Give the landlord written notice of the repairs needed by sending the notice to the person or place where the rent is normally paid (the tenant should keep a copy of this notice); and
• Give the landlord a reasonable time (usually 30 days, unless it’s an emergency) to make the repairs.

If the landlord doesn’t make the repairs during this reasonable time, the tenant generally may deposit the next month’s rent with the Clerk of Court of the municipal court for the tenant’s community. Each month, the tenant must continue to deposit the rent with the Clerk of Court by the date the rent is due according to the tenant’s lease. The Clerk of Court may have additional rules for depositing the rent, which the tenant must follow. The rent will remain on deposit with the court until the tenant and the landlord agree on how and when it should be released, or the court decides to release it.

Some non profit groups help tenants with the rent deposit process, at no charge to the tenant:
• In Ohio (all counties): Coalition on Homelessness and Housing in Ohio (COHHIO), (888) 485-7999.
• In Cuyahoga County: Rental Information Center of the Cleveland Tenants Organization, (216) 432-0609.
• In Lake County: Fair Housing Resource Center, Inc., (440) 392-0147.

Also, some courts help tenants with the rent deposit process. For example, Cleveland Housing Court specialists can explain the rent deposit process to tenants. The specialists are located on the 13th Floor of the Justice Center, 1200 Ontario Street, Cleveland, OH 44113, and are available for drop-in visits, Monday through Friday, 8:30 a.m. to 3:30 p.m. The Cleveland Housing Court phone number is (216) 664-4295.

This article was written by the Legal Aid Housing Practice Group and appeared in The Alert: Volume 33, Issue 3. Click here to read a full PDF of this issue!

Lead poisoning is one of the leading public health hazards in the U.S. today. The Ohio Department of Health recently tested Cleveland children under 6 and found almost 14% had elevated blood levels. One of the most common sources for child lead poisoning is lead paint hazards from homes built prior to 1978. Low-income individuals are especially vulnerable to having to live in old housing where lead paint is still an issue.

Some protections exist for those purchasing or leasing housing built before 1978. The Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, covers all housing offered for sale or lease built prior to 1978. This includes private housing, public housing, federally owned housing, and all housing that receives federal assistance.

Under this act, a landlord must provide a tenant with an approved Environmental Protection Agency pamphlet on how to identify and control lead hazards. The landlord must disclose all known lead hazards in the unit and in all common areas a tenant may use. A landlord must also provide a prospective tenant with any lead hazard reports related to the unit. Finally, the lease must include terms stating that the landlord has complied with all the notification requirements in Title X.

Renters and buyers who did not get the required information should call The National Lead Information Center hotline at 1-800-424-LEAD(5323). Callers can request a general information packet, and ask any questions concerning lead. If it turns out the home has a lead hazard, tenants should seek legal assistance. A tenant may sue a landlord if the landlord doesn’t provide the required information. The City of Cleveland’s lead hazard control ordinance declares lead hazards a public nuisance and the Commissioner of Health may order the landlord to abate, or clean up, the nuisance.

Lead poisoning can have long-term, irreversible effects on children. Homeowners and renters moving into a new dwelling should be sure that the seller or landlord provides all required information related to lead in the property.

This article was written by Luke Condon and appeared in The Alert: Volume 33, Issue 2. Click here to read a full PDF of this issue!

Lead poisoning in children is a serious condition with long term negative consequences.  The following resources may help families in northeast Ohio trying to cope with lead poisoning:

For medical advice for a child with an elevated blood level, contact:

• Your child’s pediatrician
• MetroHealth Pediatric Lead Clinic
  Referral by pediatrician or call (216) 778-2222

For education resources and support, contact:

• Help Me Grow (http://www.helpmegrow.ohio.gov/)
• For a list of Help Me Grow providers in your area, go to http://www.helpmegrow.ohio.gov/aboutus/Finding%20Help%20Me%20Grow/Find%20Help%20Me%20Grow.aspx

For information on lead testing of your home, contact:

• If you live in the city of Cleveland:

City of Cleveland Lead Safe: (216) 664-2175
http://www.clevelandhealth.org/network/environment/lead_safe_living.php

Lead Hazard Control Program: 216.651.0077
Click here for more information

• If you live in Cuyahoga County but not in Cleveland:

Cuyahoga County Board of Health: (216) 201-2000
Click here for more information

• If you live in Lake, Lorain, Geauga, or Ashtabula Counties:

Ohio Healthy Homes  1-877-LEADSAFE (532-3723)

Lake County
Click here for more information

For information about money available to eliminate a lead hazard in your home, contact:

• If you live in the City of Cleveland, 216-651-0077
  Click here for more information

• If you live in the City of Cleveland or anywhere else in Cuyahoga County, 216-263-5323
  http://development.cuyahogacounty.us/en-us/lead-safe-program.aspx
  or
  Click here for the Lead Safe Living Brochure

• If you live in Lorain County, 440-892-7873
  Click here for more information

• If you live in Ashtabula, Geauga or Lake Counties, 614-728-3105 or, click here

Landlords are required to make certain repairs to their rental units, when they are needed, including:

• Repairs to keep the property in a livable condition;
• Repairs to meet housing and building codes that affect health and safety; and
• Repairs required by the terms of the lease.

In Ohio, if a landlord fails to make repairs, a rent deposit (or rent escrow) process allows a tenant to pay the rent to a court, instead of the landlord, to get the landlord to make these repairs.

Before a tenant may rent deposit, the tenant generally must:

• Be current in rent;
• Give the landlord written notice of the repairs needed, by sending the notice to the person or place where the rent is normally paid; and
• Then give the landlord a reasonable time (usually 30 days) to make the repairs.

If the landlord does not make the repairs during this reasonable time, the tenant may rent deposit.   At the time the monthly rent is due, the tenant deposits the monthly rent with the Clerk of Court of the municipal court for the tenant’s community.   Each month, the tenant must continue to timely deposit the rent with the Clerk of Court.   The Clerk of Court may have rules for depositing the rent, which the tenant must follow.

If you are a tenant, your landlord is required to make certain repairs to your rental unit, when they are needed, including:

• Repairs to keep the property in a livable condition;
• Repairs to meet housing and building codes that affect health and safety; and
• Repairs required by the terms of the lease.

In Ohio, a rent deposit (or rent escrow) process allows tenants to pay their rent to a court, instead of the landlord, to get the landlord to make these repairs.

Before a tenant may rent deposit, the tenant generally must:

• Be current in rent;
• Give the landlord written notice of the repairs needed, by sending the notice to the person or place where the rent is normally paid; and
• Then give the landlord a reasonable time (usually 30 days) to make the repairs.

If the landlord does not make the repairs during this reasonable time, the tenant generally may rent deposit.   This means the tenant may deposit the monthly rent with the Clerk of Court of the municipal court for the tenant’s community.   Each month, the tenant must continue to deposit the rent with the Clerk of Court by the date the rent is due.   The Clerk of Court may have rules for depositing the rent, which the tenant must follow.

Some non-profit groups help tenants with the rent deposit process, at no charge to the tenant, such as:

• In Ohio (all counties):   Rental Housing Information Network in Ohio, (888) 485-7999.
• In Cuyahoga County:   Rental Information Center of the Cleveland Tenants Organization, (216) 432-0609.
• In Lake County:   Fair Housing Resource Center, Inc., (440) 392-0147.

Also, some courts help tenants with the rent deposit process.   For example, Cleveland Housing Court specialists explain the rent deposit process to tenants.   The specialists are located on the 13^th Floor of the Justice Center, 1200 Ontario Street, Cleveland, OH 44113.   They are available for drop-in visits, Monday through Friday, 8:30 a.m. to 3:30 p.m.   The Cleveland Housing Court phone number is (216) 664-4295.

This article was written by Legal Aid attorney Peter Iskin and  appeared in The Alert: Volume 29, Issue 1. Click here to read the full issue.

Northeast Ohio and many places across the country are experiencing a significant increase in bed bug complaints. Bed bugs were once thought to be pests found only on bedding in homes, apartments, and rooming houses. Now bed bugs are found in office buildings, retail stores, hospitals, dormitories, nursing homes, office buildings, libraries, movie theaters, buses, and any other place where people gather. Bed bugs are excellent hitchhikers and are easily spread by moving beds, furniture, luggage, or clothing from one location to another.

Identifying Bed Bugs

• Bed bugs are small, flat, oval, reddish-brown, wingless insects that feed primarily on the blood of humans.

• Adult bed bugs are approximately  ¼ inch long, about the size of an apple seed. Young bed bugs (nymphs) are quite small and when unfed they appear lighter and almost clear in color.

• Bed bugs do not fly or jump. However, they can crawl very fast.

Bed Bug Bites

• Bed bugs bites often occur on the arms, shoulders, neck and legs.

• The bite can usually be seen as a red bump, up to a centimeter in size and without a red puncture mark in the middle.

• The bites may occur in lines or as a cluster of three or four.

• The bite may appear within hours or delayed up to a week.

• Bed bugs are primarily a nuisance to humans and are not known to transmit disease. Some people have no reaction to bites while other people may experience itchiness and irritation. Try to avoid scratching bites. Questions about bite marks should be directed to a medical provider.

Signs of a Bed Bug Infestation

Usually the first sign of a bed bug infestation is the appearance of red itchy welts on any bare skin that is exposed while sleeping. Next, look for small black or rusty-colored spots on bed linens, pillows, or mattress. These are blood spots and bed bug droppings. Also, look for live bed bugs, eggs, and cast skins.

Inspecting for Bed Bugs

Bed bugs hide close to where people sleep. They prefer fabric, wood, and paper surfaces over metal or plastic. Look for live bed bugs, eggs, cast skins, and blood or fecal spots in these locations: mattresses, box springs, head boards, bed frames, upholstered furniture, recliners, baseboards, behind pictures, under loose wallpaper, draperies, electrical outlets, telephones, radios, televisions, stacks of books, piles of papers, back packs, luggage, futons, gym bags, draperies & curtains, stuffed animals, hollow furniture legs, door frames & hinges, wall / ceiling junction.

Treating Bed Bug Infestations

Complete elimination of a bed bug infestation can be a difficult process and may require the services of a knowledgeable and licensed pest control operator. It may take several treatments to gain control over an infestation. If a “do-it-yourself” method is chosen, only use pesticide products that are labeled to kill bed bugs. Remember to always read and follow the label directions before applying any pesticide product. Here are some additional tips to help eliminate bed bugs.

• Reduce and eliminate clutter. Don’t keep piles of clothes, boxes, toys, shoes, etc. on the floor, under the bed, or in closets. They are prime hiding places for bed bugs.

• Wash infested bedding and clothing in hot water and then dry on a hot setting for at least 30 minutes.

• Encase an infested mattress and box spring in a zippered cover that is labeled and certified “bed bug proof”. Leave the covers on for at least one full year.

• Vacuum bedrooms thoroughly and often. Pay particular attention to the area around the bed and the bed itself. Place the vacuum cleaner bag or contents in a zip-lock plastic bag and discard it in the trash outside.

• Getting rid of bed bugs is a cooperative effort. Follow all recommended preparation guidelines provided by the pest control company prior to each treatment.

• Pesticides labeled to kill bed bugs are available over the counter and may provide effective control. However, if the problem persists or is heavily entrenched, contact a knowledgeable, experienced, and licensed pest management professional for assistance.

• Since bed bugs are difficult to control, plan on several extensive treatments to eliminate an infestation.

• DO NOT USE “Bug Bombs”. These products may kill on contact but they are ineffective against hidden bed bugs. They may make the infestation worse by scattering the bugs throughout the home or apartment.

• If an infestation is suspected in a rental unit, contact the building manager or landlord about the problem. Property owners should contact a professional pest control company for advice and assistance. The Cuyahoga County Board of Health (at (216) 201-2000) is also available to assist.

Preventing Future Infestations of Bed Bugs

• Do not bring discarded bed frames, mattresses, box springs, or upholstered furniture into the home.

• Carefully inspect used or rented furniture prior to bringing it into the home.

• When traveling, inspect the bed, headboard, and furniture upon arrival. Keep suitcases off the floor and bed and inspect them before leaving. Wash and dry all clothing thoroughly after returning home.

• Caulk and seal any cracks and crevices throughout the home, especially in rooms where people sleep.

• Be careful of who stays overnight or sleeps at the house.

Bed Bugs in Nursing Homes

Although no residence is safe, certain populations are particularly prone to bed bug infestations. A troublingly high incidence of bed bug infestations has been reported in nursing homes throughout the country.

Bed bug infestations are a concern for many seniors living in senior housing. Seniors living in a nursing home may be exposed to bed bugs through shared laundry facilities or common sitting areas, or by staying in a room near someone who may have bed bugs.

Bed bugs are attracted to heat and chemicals emitted by humans and survive on human blood. Therefore, nursing homes act as a breeding ground for bed bugs due to the high rate of residents, staff and family members moving about the facility. Furthermore, residents stay in bed for prolonged periods of time and live in close proximity, making it easy for bed bugs to survive.

Recommendations for Residents in Senior Housing

• Keep any living space clutter-free. Clutter provides great hiding spots for bed bugs.

• Bites that appear after sleeping may be an indication that bed bugs are present, even if they do not itch.

• Report a bed bug infestation to the property manager or facility administrator within 24 hours of the pest sighting.

• Do not attempt to control a bed bug infestation alone. Never self treat with pesticides, especially “bug bombs”, which drive bed bugs into adjacent rooms or units.

• Do not remove anything from an infested room until after the room is treated by a pest management professional (PMP).

• Cooperate fully with the recommendations provided by the PMP to prepare rooms for bed bug inspection and treatment. Ask the property manager or administration for help if there are preparation steps that cannot be accomplished alone, such as disassembling or moving furniture. Disabled and elderly individuals should request assistance with preparation.

• Prior to treatment, place all clutter and garbage from infested rooms in sealed plastic bags. Bagged items should remain in the infested room for treatment by a PMP prior to disposal.

• The day of the pesticide treatment, all bedding and clothing should be bagged in plastic, transported to the laundry and laundered using hot water. Dry the items for at least 30 minutes on high heat. Bags used for transport should not be re-used, but should be sealed and disposed with other infested refuse.

Bed bug infestations are a problem that affects everyone. Do not be reluctant to discuss a possible infestation because of embarrassment. It is important to report the infestation to management. The earlier the infestation is addressed, the more likely it will be quickly controlled.