Rent escrow is never a fun process for landlords, or tenants for that matter. One way a landlord can attack a rent escrow case is to question the notice given prior to a tenant putting their rent in escrow. Ohio Revised Code 5321.07 says that “the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid.”
Ohio Revised Code 5321.09 controls how a landlord can get their money out of escrow. Specifically, as it relates to the notice requirement, ORC 5321.09 says a landlord can “Apply to the court for release of the rent on the ground that the tenant did not comply with the notice requirement of division (A) of section 5321.07 of the Revised Code, or that the tenant was not current in rent payments due under the rental agreement at the time the tenant initiated rent deposits with the clerk of the court under division (B)(1) of section 5321.07 of the Revised Code.
If the tenant does not give the proper notice to the landlord to the person or place where rent is normally paid, the tenant doesn’t have a valid case to escrow their rent. The landlord can file a complaint to release rent escrow on this ground. And the rent in escrow should be released to the landlord.
If you are a landlord and find yourself with a complaining tenant, call J. Thomas Hodges at 513-421-8454 to discuss your options.