Ohio Revised Code

Ohio Rev. Code § 5321.09 (2026)

Landlord application for release of rent

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(A) A landlord who receives notice that rent due him has been deposited with a clerk of a municipal or county court pursuant to section 5321.07 of the Revised Code, may do any of the following:

(1) Apply to the clerk of the court for release of the rent on the ground that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code has been remedied. The clerk shall forthwith release the rent, less costs, to the landlord if the tenant gives written notice to the clerk that the condition has been remedied.

(2) 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.

(3) Apply to the court for release of the rent on the ground that there was no violation of any obligation imposed upon the landlord by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, any obligation imposed upon him by the rental agreement, or any obligation imposed upon him by any building, housing, health, or safety code, or that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code has been remedied.

(B) The tenant shall be named as a party to any action filed by the landlord under this section, and shall have the right to file an answer and counterclaim, as in other civil actions. A trial shall be held within sixty days of the date of the filing of the landlord's complaint, unless, for good cause shown, the court continues the period for trial.

(C) If the court finds that there was no violation of any obligation imposed upon the landlord by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, any obligation imposed upon him by the rental agreement, or any obligation imposed upon him by any building, housing, health, or safety code, that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code has been remedied, 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 at the time the tenant initiated rent deposits with the clerk of court under division (B)(1) of section 5321.07 of the Revised Code, the court shall order the release to the landlord of rent on deposit with the clerk, less costs.

(D) If the court finds that the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code was the result of an act or omission of the tenant, or that the tenant intentionally acted in bad faith in proceeding under section 5321.07 of the Revised Code, the tenant shall be liable for damages caused to the landlord and costs, together with reasonable attorney's fees if the tenant intentionally acted in bad faith.

Notes of Decisions
Cited in 13 cases (7 in the last 5 years), 1984–2026 · leading case: Chasteen v. Dix Road Prop. Mgt., L.L.C., 2021-Ohio-463.
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Chasteen v. Dix Road Prop. Mgt., L.L.C., 2021-Ohio-463. · cites it 7× “{¶4} On December 30, 2019, Dix Road filed an application pursuant to R.C. 5321.09 to release the funds that Chasteen had escrowed with the clerk.”
Chernin v. Welchans, 641 F. Supp. 1349 (N.D. Ohio 1986). · cites it 14× “O.R.C. § 5321.09. In addition, to avoid ten *1355 ants behind in rent payments from threatening to place their future rent in escrow, hoping that the threat will force the landlord to waive back rent, the tenant must be current in rent payments before an escrow deposit is…”
Wenzke v. Baird, 2014-Ohio-3069. · cites it 3× “{¶ 3} On December 10, 2012, appellant filed an application for release of the escrowed rent pursuant to R.C. 5321.09. Appellant argued that appellee was not entitled to withhold rent because appellee had acknowledged that the premises were in good repair at the time the lease…”
Millennia Hous. Mgt. v. Johnson, 2012-Ohio-1044. · cites it 2× “Millennia commenced this action, pursuant to R.C. 5321.09(A), by filing an application for release of rent, alleging that it had “remedied all conditions complained of by [appellant].”
Johnson v. First Key Homes, L.L.C., 2025-Ohio-882, 267 N.E.3d 225. · cites it 2× “THE TRIAL COURT ERRED IN RELEASING ESCROWED FUNDS TO PLAINTIFF-APPELLEE IN VIOLATION OF R.C. § 5321.09(1). {¶ 22} First Key also argues that the release of the rent escrow to Johnson was improper because the Release Application stated that issues with the rental property had 2.”
State, Ex Rel. Gudzinas v. Constantino, 539 N.E.2d 173 (Ohio Ct. App. 11th Dist. 1988). · cites it 3× “09(C) provides that the rent can only be released after court costs have been deducted. For example, if the tenant verifies that the repairs have been made, the “clerk shall forthwith release the rent, less costs, to the landlord * * R.”
Summers v. Lake of the Woods Apts., 2023-Ohio-1093, 212 N.E.3d 389. · cites it 6× “*** {¶ 13} R.C. 5321.09 sets forth the “defensive actions” that are available to a landlord whose rent has been deposited with the clerk, and provides, in relevant part, as follows: 8.”
Gvozdanovic v. Woodford Corp., 742 N.E.2d 1145 (Ohio Ct. App. 1st Dist. 2000). “See R.C. 5321.09 and 5321.10. 3 . Annotation, Transfer of, and Voting Rights in, the Stock of Co-Operative Apartment Association (1965), 99 A.”
Stoyer v. Natl. Church Residences Commons at Livingston I & II Mgt., 2023-Ohio-4556. · cites it 4× “Factual evidence, proves this is a violation to state law concerning O.R.C. § 5321.09; Cannon Rule 2.2; Local R 3.”
Davis v. Cornely, No. 1:21-cv-00717 (N.D. Ohio Oct. 14, 2021). · cites it 2× “By proceeding with rent deposits to the Clerk of Court despite their efforts to make repairs to the property, Defendants allege Plaintiff's bad faith and liability for damages under Ohio Rev. Code § 5321.09. The essence of what Defendants seek from the Court is relief directly…”
State, Ex Rel. Taynor v. Hysell, 483 N.E.2d 156 (Ohio Ct. App. 10th Dist. 1984). · cites it 3× “07, and by R.C. 5321.09 providing remedies to the landlord, including attorney fees if the tenant intentionally acted in bad faith.”
Brazzil v. RSH 506, L.L.C., 2025-Ohio-1581. “A landlord can apply for release of the rent under three conditions: (1) the condition has been remedied; (2) the tenant failed to property notify the landlord; or (3) the landlord did not violate any obligation under R.”
Show all 13 citing cases →
Ohio Rev. Code § 5321.09(1): 1 case
Johnson v. First Key Homes, L.L.C., 2025-Ohio-882, 267 N.E.3d 225. “THE TRIAL COURT ERRED IN RELEASING ESCROWED FUNDS TO PLAINTIFF-APPELLEE IN VIOLATION OF R.C. § 5321.09(1). {¶ 22} First Key also argues that the release of the rent escrow to Johnson was improper because the Release Application stated that issues with the rental property had 2.”
Ohio Rev. Code § 5321.09(A): 1 case
Millennia Hous. Mgt. v. Johnson, 2012-Ohio-1044. “Millennia commenced this action, pursuant to R.C. 5321.09(A), by filing an application for release of rent, alleging that it had “remedied all conditions complained of by [appellant].”
Ohio Rev. Code § 5321.09(A)(1): 1 case
State, Ex Rel. Gudzinas v. Constantino, 539 N.E.2d 173 (Ohio Ct. App. 11th Dist. 1988). “09(C) provides that the rent can only be released after court costs have been deducted. For example, if the tenant verifies that the repairs have been made, the “clerk shall forthwith release the rent, less costs, to the landlord * * R.”
Ohio Rev. Code § 5321.09(A)(2): 1 case
Chasteen v. Dix Road Prop. Mgt., L.L.C., 2021-Ohio-463. “{¶4} On December 30, 2019, Dix Road filed an application pursuant to R.C. 5321.09 to release the funds that Chasteen had escrowed with the clerk.”
Ohio Rev. Code § 5321.09(B): 2 cases
Chernin v. Welchans, 641 F. Supp. 1349 (N.D. Ohio 1986). “O.R.C. § 5321.09. In addition, to avoid ten *1355 ants behind in rent payments from threatening to place their future rent in escrow, hoping that the threat will force the landlord to waive back rent, the tenant must be current in rent payments before an escrow deposit is…”
Millennia Hous. Mgt. v. Johnson, 2012-Ohio-1044. “Millennia commenced this action, pursuant to R.C. 5321.09(A), by filing an application for release of rent, alleging that it had “remedied all conditions complained of by [appellant].”
Ohio Rev. Code § 5321.09(C): 3 cases
Chasteen v. Dix Road Prop. Mgt., L.L.C., 2021-Ohio-463. “{¶4} On December 30, 2019, Dix Road filed an application pursuant to R.C. 5321.09 to release the funds that Chasteen had escrowed with the clerk.”
State, Ex Rel. Gudzinas v. Constantino, 539 N.E.2d 173 (Ohio Ct. App. 11th Dist. 1988). “09(C) provides that the rent can only be released after court costs have been deducted. For example, if the tenant verifies that the repairs have been made, the “clerk shall forthwith release the rent, less costs, to the landlord * * R.”
Summers v. Lake of the Woods Apts., 2023-Ohio-1093, 212 N.E.3d 389. “*** {¶ 13} R.C. 5321.09 sets forth the “defensive actions” that are available to a landlord whose rent has been deposited with the clerk, and provides, in relevant part, as follows: 8.”
Ohio Rev. Code § 5321.09(D): 3 cases
Chasteen v. Dix Road Prop. Mgt., L.L.C., 2021-Ohio-463. “{¶4} On December 30, 2019, Dix Road filed an application pursuant to R.C. 5321.09 to release the funds that Chasteen had escrowed with the clerk.”
Wenzke v. Baird, 2014-Ohio-3069. “{¶ 3} On December 10, 2012, appellant filed an application for release of the escrowed rent pursuant to R.C. 5321.09. Appellant argued that appellee was not entitled to withhold rent because appellee had acknowledged that the premises were in good repair at the time the lease…”
Chernin v. Welchans, 641 F. Supp. 1349 (N.D. Ohio 1986). “O.R.C. § 5321.09. In addition, to avoid ten *1355 ants behind in rent payments from threatening to place their future rent in escrow, hoping that the threat will force the landlord to waive back rent, the tenant must be current in rent payments before an escrow deposit is…”
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