Legal Question in Real Estate Law in Ohio

Time frame for deciding rent deposit cases...

I purchased a home ''AS IS'' in July 2000. My real estate agent was renting the home at the time and I allowed her to remain for a few additional months. However, when I requested that she leave --- all hell broke loose.

She called the health department and placed rent in escrow. Eventually, she left in January 2001.

Court was notified of her vacating the premises and a motion immediately filed to have money in escrow released. As of this date, the magistrate has still not made a decision on the case.

Questions:

1. What grounds would the magistrate have to release the money to the tenant?

2. What can I do to push this matter? Who can I contact/Are there deadlines for deciding cases?

thank you


Asked on 3/11/01, 10:30 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Time frame for deciding rent deposit cases...

First of all in order to push the matter you can call the Court and ask when the decision will be made or how many decisions are in fron of yours.

Second, the proceedure for release of funds is specifically set forth in the Revised Code title 53. I beleive that the landlord must show that either the repairs have been completed or requires the funds to complete the repairs. Since the tenant has left, the issue is moot and the Court should return the funds. I would let the Court know that the tenant has left the premises

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Answered on 6/05/01, 11:37 am


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