My only question is, in the state of Ohio if we have a pending suit against the landlord and have our rent into escrow until January 1st is he able to evict us?
You purport to being taken to court by your landlord for an eviction action.
Your landlord's eviction action isn't prohibited solely because you allege to have another legal action based upon representations that your landlord did nothing to cure any code violations.
Did YOU do everything described below regarding your "rent escrow"?
If your landlord has not made repairs and they significantly affect your health and safety (for example, not fixing a furnace in the winter), you should provide written notice of the violation(s) to the landlord.
The notice should say exactly what the problems are. (Be sure to keep a copy of this notice.)
You should send the notice to your landlord by certified mail, with a return receipt requested, or
you can deliver it in person with a witness present.
If the problems have not been corrected within a reasonable time, you can pay your rent to the court. A reasonable time is defined by how much trouble the problem causes and the time it would take to fix the problem.
A reasonable time cannot exceed 30 days. You must wait a reasonable time before you pay rent to the municipal or county court.
If your rent was due before the 30 days passed, you MUST pay the rent to your landlord.
You must be current with your rent if you attempt to use "rent escrow" remedy.
After a reasonable time or the 30 days has transpired, you may pay your rent (on or before the day your rent is due) to the Clerk of the Courts in Putnam County (if that is the county where the apartment is located).
IF you failed to do what was described hereinabove you may have not followed rent escrow procedure and your landlord may be able to force you to leave by legal means.
The "rent escrow" process doesn't preclude the landlord from taking other legal actions against you.
I suggest if you believe the "rent escrow" is "kryptonite" against the landlord's eviction action, you assert that at the eviction hearing.
At this point, one or the other of the dueling legal actions will determine what happens with the other.
When you went to the Clerk's office, did you take an old rent receipt and a copy of the notice you gave to the landlord with you?
Did you show proof to the clerk, and/or swear under oath, that you were current with
your rent and you had given the landlord PROPER written notice to make repairs?
Did you complete a form describing the items you want repaired, asking the court for a hearing?
You MUST continue paying your rent to the court until the landlord makes the repairs or there is a hearing held by the court!
In Ohio your landlord can evict you:
■ if you do not pay your rent when it is due;
■ if you stay in your apartment without paying rent after your lease ends;
■ if your landlord gives you a notice to move and you stay in your apartment past the deadline;
■ if your landlord gives you a notice to correct a condition in your apartment and you do not correct it within 30 days;
■ if you violate any reasonable term of your lease.
I see nothing in a QUICK perusal of the various Ohio statutes that would statutorily preclude a landlord from seeking to evict you through the courts.
In fact, you may have not transacted the "rent escrow" process properly, which makes th eviction hearing more threatening to you.
