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.

Ohio Landlord-Tenant Law: The Basics

Ley de Arrendadores e Inquilinos de Ohio: Cuestiones básicas

Sheria ya Mwenye Nyumba- Mpangaji ya Ohio: Mambo ya Msingi

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.

Exposure to lead can seriously harm a child’s health, causing damage to the brain and nervous system, slowed growth and development, learning and behavior problems, and hearing and speech problems.

The Center for Disease Control (CDC) offers these suggestions for protecting your family from lead exposure:

• Ask your local water department if you have a lead service line. If so, use bottled water for cooking and drinking. If you cannot afford bottled water, look for a “point of use” filter certified for lead removal;
• Use only cold water for cooking or drinking, and run your faucet on cold for one to two minutes before using it;
• Request that your landlord fix surfaces in the home that have peeling or chipping lead-based paint;
• Clean your floors, windowsills, and other surfaces using a damp cloth or mop, to minimize dust, which may contain lead;
• Keep yourself, your children and your pets out of areas where your landlord is making repairs in which a lot of dust is created. Make sure your landlord is using lead-safe practices, keeping the dust confined, and cleaning thoroughly with a wet mop when done;
• Remove your shoes before entering your house, and, if possible, leave them on a mat outside the door;
• Wash children’s hands, bottles, pacifiers, and toys often;
• Making sure children eat nutritious meals high in iron and calcium; and
• Talk to your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test;

Tenants may call The National Lead Information Center hotline at 1-800-424-LEAD(5323), and request a general information packet. For more information about lead, visit https://www.epa.gov/lead/real-estate-disclosure#renters, or https://www.cdc.gov/nceh/lead/default.htm

If the tenant gives notice of the repairs that are needed, and landlord does not respond by making the repairs within a reasonable time, a tenant may file a civil complaint with the court asking the Court to order the landlord to correct the problems. As part of that complaint, the tenant also may ask the court to reduce the rent until the landlord makes the repairs. And, the tenant can ask the court for an order releasing the rent to the tenant or a contractor, in order to have repairs made. In urgent situations, the tenant may ask the court for an emergency order in the case, by filing a motion for a temporary restraining order, to address urgent conditions like no heat or water immediately, before a hearing can be held.

The tenant also can terminate the rental agreement and leave the property. A tenant may choose this option if they are in a long-term lease, and don’t foresee being able to work with the landlord. The process of terminating the rental agreement does not require court approval, but it does come with some risk. If a landlord later sues the tenant for rent for the balance of the lease, the tenant must be able to show that the bad conditions existed, the tenant gave notice to the to the landlord, and the landlord did not make the repairs. The court then must determine that the conditions were severe enough to justify the tenant terminating the lease.

Finally, a tenant whose landlord fails to make repairs after notice and a reasonable time, may be able to recover money damages from the landlord, for a loss in use or value of the house or apartment, or for the value of personal property damaged or destroyed by the landlords’ failure to make repairs.

If the tenant has have given the landlord notice in writing of the conditions that need to be repaired, a reasonable time has passed (usually 30 days), and the tenant is current in rent with the landlord, the tenant may deposit the rent in escrow with the municipal court in the city in which the tenant lives. The tenant must deposit rent by the due date and must be current in rent to deposit the rent, or the tenant will not be protected from an eviction action for nonpayment of rent.

The tenant then can deposit the rent with the court each month as it falls due. The hope is that the landlord will make the required repairs, to begin receiving rent from the tenant once again.

The rent deposit will end when either the tenant decides to stop depositing because the repairs are made, or when the court decides that the tenant is to stop depositing.

Some courts will schedule one or more mediation opportunities when a tenant is rent depositing. In mediation the landlord and tenant meet with a neutral third-party, usually a member of the court staff, to see if they can reach an agreement about what repairs will be made, and a schedule for the work. In mediation, issues about access to the property and the way that work will be performed can be addressed as well.

Note: The rent deposit process is not available if the landlord has three or fewer rental units, and gives the tenant notice of that when the tenant first moves in.

Sometimes asking your landlord to make a repair will be enough. If a simple request does not get the repairs made, the tenant can start the legal process for forcing the landlord to make repairs. The first step in that process is for the tenant to request those repairs in writing.

Ohio law says that IF a landlord:

• fails make repairs required by law; or
• fails to make repairs or maintain the property as required by the lease; or
• the tenant reasonably believes that the landlord has failed to make repairs required by the law or the lease; or
• if a governmental agency, for example the City’s Building and Housing or Health Department, has found that the property is in violation of city code, and that violation could materially affect the health and safety of the tenant or another occupant of the property;

THEN, the tenant may give notice in writing to the landlord, specifying the conditions that violate the landlord’s duties.

The tenant should include in the notice all the conditions that need repair. The tenant must send the notice to the person or place where rent is normally paid. The tenant should keep a copy of the notice, for the tenant’s records.

After receiving the notice, the landlord must correct the problems within a reasonable time. Thirty days usually is considered a reasonable time, unless the condition is more urgent. For example, if the tenant does not have heat in the winter, a reasonable time to make repairs likely will be shorter than thirty days.

What sort of repairs is my landlord required to make?

Ohio law says that landlords all have certain duties with respect to maintenance of the property, whether or not they are mentioned in the lease. All landlords are required 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 all electrical, plumbing, heating, and ventilation equipment in good working order.
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).

The parties’ lease may give the landlord additional obligations.

Your landlord is not required to make repairs or improvements to the unit that are simply cosmetic, like painting it the color of your choice, or installing light fixtures of a style that you prefer.

A landlord must to give a tenant any information the landlord has about the presence of lead-based paint or lead-based paint hazards in the home, but, the landlord is not required to investigate whether there is lead present, unless that lead presents a hazard to the tenant.

Federal law requires landlords, before signing a lease for a house or apartment built before 1978, to give the tenant:

• An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF);
• Any information the landlord has about the presence of lead-based paint or lead-based paint hazards in the home.; and
• An attachment to the contract, or language inserted in the contract, that includes a “Lead Warning Statement” and confirms that the landlord has complied with all notification requirements.

Ohio law requires a landlord to address lead hazards and comply with lead abatement orders when they are issued, as part of their duty to maintain the property in good repair. They also must use lead-safe practices when making repairs or remodeling at properties where tenants live.

Local ordinances in some cities also address lead. For example, a Cleveland city ordinance requires that landlords pay for private inspections and get lead-safe certificates for their occupied rental units and give additional disclosures to tenants about whether a home has an identified lead hazard. The ordinance declares lead hazards a public nuisance and the Commissioner of Health may order the landlord to abate, or clean up, the nuisance.

If a 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.

Lead poisoning has long been a problem in Northeast Ohio. Children are exposed to lead through paint chips, lead in the soil, and lead in toys. Exposure to high amounts causes lead poisoning, which impacts how our children learn, behave, and develop. Visit www.leadsafecle.org for information about resources related to lead poisoning in Cleveland.

Who is at risk?
Children ages 0-6 and pregnant women are at the greatest risk. Lead poisoning disproportionately impacts renters, minorities, and low-income residents who have less access to affordable, quality housing. Certain zip codes are at higher risk for lead hazards because of the age of their housing and the number of other children who have been poisoned there. (For a list of high risk zip codes, click here.)

Where is this problem?
Anywhere children may be exposed to lead. Common sources include old homes with peeling paint, the yard around such homes, outside near high traffic areas, old school buildings, and other buildings where children spend time (e.g. relatives, babysitter, and day care).

What are the signs?
Lead poisoning can cause many negative health impacts but children may not immediately present any symptoms of lead poisoning. Some long term consequences of lead poisoning in children include behavioral problems, cognitive delays, and trouble learning. High levels of lead poisoning can lead to hospitalization. Housing inspections don’t routinely check for lead so parents must spot potential lead hazards in the home and insist on having their child’s lead level’s tested.

When do I need to address this?
Immediately. If your child has not been tested for lead poisoning, talk to your pediatrician. Medicaid pays for lead testing.

What can you do if you’re concerned?
In addition to having your child’s lead levels tested, you can take some steps to limit their exposure to lead. Use HEPA vacuum filters and vacuum windowsills, wipe surfaces periodically, keep shoes at the front door to not track in lead, wash your kids’ hands and faces routinely, clean toys, watch where they play (avoid areas near peeling paint), feed them three meals a day with plenty of iron and calcium (greens, protein, milk). If your child’s lead levels are high, try to identify the source of the exposure and if necessary, talk with your landlord or explore moving to a new home.

My child has been poisoned, what are my options?
• Get your house inspected. Contact your local health department to request an inspection.
• Request that your landlord remedy the lead paint problem.
• Discuss your options for suing your housing provider with an attorney.
• Seek early intervention. Talk to your pediatrician and contact your county’s Help Me Grow program for enrichment services that can help mediate the impact of lead poisoning.
• Inform the school and ask for your child to be evaluated for special education services to address cognitive or behavioral problems.

Visit the Lead Safe Cleveland Coalition website at www.leadsafecle.org for information about resources related to lead poisoning in Cleveland. You can also visit the Lead Safe Resource Center at 4600 Euclid Avenue, Cleveland, OH, 44103 or call the Lead Safe Hotline at (833) 601-5323. For additional information and resources, visit https://lasclev.org/leadpoisonresources.

By Lauren Roberts

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:

• Lead Safe Cleveland Coalition (http://leadsafecle.org or (833) 601-5323)
• Lead Safe Resource Center (4600 Euclid Avenue, Cleveland, OH 44103)
• Help Me Grow (http://www.helpmegrow.ohio.gov/)
• For a list of Help Me Grow providers in your area, click here.

For information on lead testing of your home, contact:

If you live in the city of Cleveland:

• Lead Safe Cleveland Coalition’s Lead Safe Hotline: (833) 601-5323
  • Click here for more information about the Lead Safe Cleveland Coalition.

• City of Cleveland Lead Safe Living: Click here for more information.
  • (216) 263-LEAD (5323)
• City of Cleveland’s Lead Hazard Control Program: Click here for more information.
  • (216) 664-2045

If you live in Cuyahoga County but not in Cleveland:

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

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

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

If you live in Lake County:

• Lake County General Health District: Click here for more information.
  • (440) 350-2554

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

• If you live in the City of Cleveland, contact the Lead Safe Cleveland Coalition’s Lead Safe Hotline at (833) 601-5323
  http://www.leadsafecle.org
• If you live in the City of Cleveland, contact the City’s Lead Hazard Control Program at (216) 664-2045
  Click here for more information
• If you live anywhere else in Cuyahoga County, contact the Cuyahoga County Board of Health at (216) 201-2000
  Click here for more information
• If you live in Lorain County, contact Lorain County public Health at (440) 892-7873. Click here for more information.
  
• If you live in Ashtabula, Geauga or Lake Counties, contact Ohio Department of Health at (614) 728-3105 or click here for more information.

Bed bugs can be found in houses and apartments, office buildings, stores, buses – any place where people are. They are excellent hitchhikers and are spread by moving furniture, clothing or other belongings from one place to another.

Here’s how to protect yourself:

1. Know how to identify bed bugs:

• Bed bugs are small, flat, oval, reddish-brown, wingless insects;
• Adult bed bugs are about ¼ inch long; young bed bugs are quite small and may be clear in color;
• Bed bugs do not fly or jump, but do crawl very fast.

2. Know the signs of a bed bug infestation:

• red itchy welts on skin that is exposed while sleeping;
• small black or rusty-colored spots on bed linens, pillows, or mattresses;
• live bed bugs, eggs, and cast skins.

3. Inspect for Bed Bugs

• Look for live bed bugs, eggs, or blood spots on mattresses, box springs, headboards, upholstered furniture, papers, backpacks, gym bags, and curtains.

4. Treat Bed Bug Infestations

• If you suspect you have bed bugs in your unit, tell your landlord about the problem. The landlord should contact a professional pest control company for advice and assistance. Complete elimination of a bed bug infestation can be difficult and may require several treatments.
• To help with the process,
  • Eliminate clutter. Don’t keep piles of clothes, papers, etc. on the floor, under the bed, or in closets.
  • Wash infested bedding and clothing in hot water and dry on a hot setting for at least 30 minutes.
  • Encase an infested mattress and box spring in a zippered cover that is certified “bed bug proof”. Leave the covers on for at least one year.
  • Vacuum bedrooms thoroughly and often, paying attention to the bed and the area around itself.  Put the vacuum cleaner bag in a zip-lock plastic bag in the trash outside.

Bed bug infestations can happen to anyone. Do not be reluctant to discuss a possible infestation because of embarrassment. It is important to report the infestation to management. The earlier it is addressed, the more likely it can be quickly controlled.