Ohio Landlord Tenant Law

Find the solutions to your Ohio landlord tenant law problems here with our full guide to the Ohio Landlord Tenant Act.

OH Landlord Tenant Laws:

• Ohio Revised Code Title 53 , Chapter 5321- Landlords and Tenants
• Ohio Revised Code Title 19, Chapter 1923 - Forcible Entry and Detainer

If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.

Tenant Application

Background and Credit Check

You can screen tenant applicants with a background check or full credit report from RentPrep.

A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.

A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.

Landlords do not need the tenant or applicant's consent to run background and credit checks.  Fair Credit Reporting Act § 604(a)(3)(F)

Avoiding Discrimination

The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap.  42 U.S.C. § 3604

*Familial status - pregnant women and families with person(s) under 18.

In addition, Ohio landlord tenant law disallows landlords from discriminating someone as a renter because of ancestry or military status.

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Tenancy Agreement

(also known as a lease agreement or rental agreement)

Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.

To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.

Required for Tenancy Agreement

Ohio landlord tenant law Ohio Rev. Code § 5321.18 (A) requires all tenancy agreements to contain the following details:

• Name and address of person authorized to manage the property
  
• Name and address or property owner or owner's agent (person authorized to act on behalf of owner)
  
• Disclosure and information of lead-based paint in the property (for housing built before 1978)

Disallowed for Tenancy Agreement

According to Ohio landlord tenant law Ohio Rev. Code § 5321.13, your lease agreement CANNOT:

• permit the landlord or tenant to get a confession of judgment against the other party for recovering rent or property damages
• make the landlord or tenant pay for the other party's attorney fees (unless ordered by the courts)
  
• limit the landlord or tenant's liability when they have failed in their duties
  
• permit the landlord to collect rent without fulfilling his or her duties
• allow the landlord to take over the tenant's duties (that required by Ohio landlord tenant law) - See  See Tenant Duties and Responsibilities below

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Security Deposit

As long as the tenant is agreeable, Ohio landlord tenant law doesn't limit the maximum amount of security deposit the landlord can ask for. Both the landlord and tenant have to agree on the security deposit amount, and this amount must be stated in the written tenancy agreement.

If the tenant rented the property for six months or more, the landlord shall have to pay him or her 5% interest on the deposit amount every year.  Ohio Rev. Code § 5321.16 (A)

Deductions and Returns

Ohio landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
  
Valid reasons for security deposit deductions (under Ohio landlord tenant law) include:

• Rent owed
• Property damage due to negligence, misuse or abuse by tenant, occupants or tenant's guests
• Costs and losses incurred by landlord due to the tenant failing in his or her duties - See Tenant Responsibilities and Duties below  Ohio Rev. Code § 5321.05

The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.

Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. This list has to individually account for all damages and rent owed in writing.  Ohio Rev. Code § 5321.16 (B)

   
If the landlord fails to follow Ohio landlord tenant law for deducting and returning security deposit, the tenant can recover the amount of deposit wrongfully withheld plus attorney fees.  Ohio Rev. Code § 5321.16 (C)

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Rent

The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.  Ohio Rev. Code § 5321.06

Late Rent

There are no specific Ohio landlord tenant statutes on imposing charges for late rent payments.

Raising Rent

According to the Ohio Landlord Tenant Act, the landlord can choose to raise the rent by any amount.

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Property Maintenance

Landlord Duties and Responsibilities

The Ohio Landlord Tenant Act Ohio Rev. Code § 5231.04 requires the landlord to maintain the property in a safe and habitable condition:

• Compliance: Obey all building and housing codes that affect health and safety
  
• Repairs: Make all repairs to keep the property safe and habitable
  
• Common Areas: Keep all common areas clean and safe
  
• Maintenance: Maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen facilities in safe working condition
  
• Heating: Supply running water, hot water and heating (as far as conditions allow)
  
• Waste Disposal: Provide outlets for waste disposal and arrange for waste removal (for landlords renting out four or more dwellings in a building)
  
• Property Access: See Property Access below
• Eviction: Evict tenant promptly if he or she is involved with illegal activities related to controlled substances on property

Tenant Duties and Responsibilities

Ohio landlord tenant law Ohio Rev. Code § 5231.05 also requires the tenant to keep the property in a clean and safe condition:

• Cleanliness: Keep the property clean and safe (as far as conditions will allow)
  
• Waste Disposal: Dispose all waste from the property in a clean and safe manner
  
• Plumbing: Keep all plumbing fixtures in rental unit clean (as far as conditions will allow)
  
• Proper Usage: Use all facilities and appliances properly. This includes all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen and common area facilities (e.g. elevators)
  
• Property Damage: Avoid property damage due to negligence, misuse or abuse by the tenant, occupants or tenant's guests
  
• Maintenance: Maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen facilities in safe working condition
  
• Neighbors: Avoid disturbing neighbors and also disallow others from disturbing neighbors

If Landlord Didn't Perform Duties

This section does NOT apply to student tenants or landlords renting out three or less dwelling units (and have informed tenants in writing of that fact).  Ohio Rev. Code § 5321.07 (C),(D)

If the landlord fails in his or her responsibilities, the tenant should inform the landlord of the problem(s) and give him or her a reasonable amount of time of time to fix it.  Ohio Rev. Code § 5321.07

If the landlord fails to fix the problem(s) within 30 days (or sooner depending of how severe it is), the tenant can do ONE of the following:

1. The tenant can withhold rent due by depositing it with the municipal or county court clerk.

2. The tenant can apply for a court order to make the landlord fix the problem(s).

3. The tenant can terminate the rental agreement.

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Property Access

When Tenant's Permission is Required

According to Ohio landlord tenant law, the landlord is only allowed to enter the property for the following reasons:

• Performing property maintenance or repairs
  
• Supplying essential (or mutually agreed) services and utilities
  
• Inspecting for damages
  
• Showing the property to prospective buyers, tenants or contractors
  
• Delivering parcels
  

In the above situations, the landlord must inform the tenant at least 24 hours in advance before entering the property. The landlord can only enter the property with the tenant's consent and during reasonable hours.  Ohio Rev. Code § 5321.04 (A)(8)

When Tenant's Permission is NOT Required

According to Ohio landlord tenant law, the landlord may enter the property without permission in the following situations:

• Emergencies such as smoke, fire, flooding or explosion  Ohio Rev. Code § 5321.04 (A)(8)

If Tenant Refuses Landlord's Valid Request to Enter Property

The tenant cannot deny access if the landlord has a valid reason to enter the property. Otherwise the landlord can EITHER

1. obtain a court order that requires the tenant to let the landlord in OR
   
2. terminate the rental agreement.
   

In addition, the landlord can also sue the tenant for actual damages plus attorney fees.  Ohio Rev. Code § 5321.05 (C)(1)

If Landlord Enters Property Illegally

The landlord must have a valid reason and obtain the tenant's permission (whenever required) to enter the property. If the landlord fails to do so or harasses the tenant, the tenant can EITHER

1. obtain a court order that stops the landlord from entering the property illegally or harassing the tenant OR
   
2. terminate the lease agreement.
   

In addition, the tenant may also sue the landlord for actual damages plus attorney fees.  Ohio Rev. Code § 5321.04 (B)

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Subletting

There are no specific Ohio landlord tenant laws on subletting.

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Termination of Tenancy

Number of Days for Notice to Quit

Before terminating a tenancy, Ohio landlord tenant law Ohio Rev. Code § 5321.17 requires you to give the other party a written notice to quit in advance:

TENANT

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Eviction

According to Ohio landlord tenant law Ohio Admin. Code § 1923.02, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:

Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.

If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.

Tenant Did Not Pay Rent

If the tenant did not pay rent on time, the landlord can send the tenant a three day written notice to terminate the tenancy. This notice must state the following:

• Date that notice was served
• Name and address of tenant
• Reason(s) for termination of tenancy (e.g. non-payment of rent)
  
• Date and time that tenancy will terminate
  
• State that the tenant must move out of the property by the termination date and time
  

In addition, Ohio landlord tenant law requires this notice to include the following statement: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."  Ohio Admin. Code § 1923.04 (A)

Even if the tenant offers to pay the rent owed within three days, the landlord can still choose to reject the payment and proceed with eviction. If the landlord accepts the rent payment, the tenancy shall continue and the tenant may stay.

Tenant Didn't Perform Duties

Similarly if the tenant fails to perform his or her duties (See Tenant Duties and Responsibilities above) and it affects health and safety, the landlord can also send the tenant a 30 day written notice to terminate the tenancy.  Ohio Rev. Code § 5321.11, Ohio Admin. Code § 1923.02 (A)(9)

Ohio landlord tenant law requires the landlord to state what is the tenant's failure in duty in this written notice. If the tenant corrects the problem within 30 days, the tenant may stay.

In addition, Ohio landlord tenant law requires this notice to include the following statement: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."  Ohio Admin. Code § 1923.04 (A)

Tenant or Related Person was Involved in Illegal Activities Related to Controlled Substances on Property

If the tenant, tenant's household (or someone with tenant's consent) was involved in illegal activities related to controlled substances on property, the landlord must send the tenant a three day written notice to terminate the tenancy.  Ohio Rev. Code § 5321.05 (C)(2)

Ohio landlord tenant law requires the landlord to terminate the lease even if the tenant or related person hasn't been charged or convicted of these illegal acts.   Ohio Admin. Code § 1923.02 (A)(a)(i)

In addition, Ohio landlord tenant law requires this notice to include the following statement: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."  Ohio Admin. Code § 1923.04 (A)

Unlawful Eviction

According to Ohio landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing.  Ohio Rev. Code § 5321.15

If the landlord forces the tenant to move out with unlawful methods or shuts off utilities, the tenant can sue the landlord for actual damages plus attorney fees.

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Abandonment

There are no specific Ohio landlord tenant laws on abandonment of property by the tenant.

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Resources

Ohio Landlord Tenant Law: Ohio Revised Code Chapter 5321 - Landlords and Tenants

Eviction: Ohio Revised Code Chapter 1923 - Forcible Entry and Detainer

If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.

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If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.