by Tonya Sams

   (Plain Press June 2026) Many tenants are unaware of their rights when a landlord fails to make repairs to their property to keep it livable and safe. One option is rent deposit or rent escrow.

   “A tenant can use rent escrow and pay their rent to the Clerk of Court to protect themselves from being evicted, while trying to get the landlord to make repairs,” said Barbara Reitzloff, a Supervising Attorney in The Legal Aid Society of Cleveland’s Housing Practice Group. “Tenants do not need an attorney to start the process.”

   There are a few things that tenants should know before starting the rent escrow process.

   “It’s a fairly simple process, but tenants have to plan ahead,” said Barbara. “Unless it’s an emergency, like no heat in the winter, tenants must give the landlord 30-days’ notice in writing listing the repairs needed. The tenant should give the landlord the notice with the rent. The landlord then has a reasonable amount of time, usually 30 days, to make the repairs. If they don’t, and the tenant is current in rent, the tenant can pay the next month’s rent into escrow. The tenant can’t wait until they get a 3-day eviction notice for nonpayment and then decide to put their rent into escrow.”

   Paying rent into escrow protects a tenant from being evicted for nonpayment but, tenants sometimes take other actions that do not protect them.

   “You can’t just stop paying rent because of the condition of the rental,” Barbara said. “You also can’t make the repairs yourself and then deduct the cost from the rent.”

   Once the rent escrow process begins, some courts, like the Cleveland Housing Court, hold mediations to try to help the tenant and landlord work something out, including releasing the funds to the landlord if the repairs are made, or splitting the money on deposit with the tenant if they want to move out.

   “The Court holding onto the rent is the incentive to get the landlord to make repairs. It’s more effective with private landlords as opposed to those in subsidized housing, because the landlord in subsidized housing will still receive the larger subsidy payment while the tenant pays their portion into the court.”

   Tenants also can make a complaint with the city about the condition of the property.

   “The city will send an inspector out. If there are code violations, they’ll cite the landlord. The landlord must make the repairs to satisfy the city, and if they don’t, they can be charged criminally,” said Barbara. “So not only will the landlord not receive rent, but they could also end up with a criminal misdemeanor charge. Some violations could cost the landlord $1,000 a day for every day out of compliance.”

   To learn more about rent escrow: lasclev.org/RentDepositBrochure.

   Having issues regarding housing? Legal Aid may be able to help! Attend a free Legal Aid Brief Advice Clinic. For a full schedule: lasclev.org/clinics.   

   To apply for free legal services, call 888-817-3777 or apply online: lasclev.org/apply.

Tonya Sams is a Development and Communications Manager at The Legal Aid Society of Cleveland.