Ohio

Ohio Landlord Tenant Key Rules

Official Ohio Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No statute.
Security Deposit Interest:	Security deposits exceeding fifty dollars or one month’s rent, whichever is greater, will accrue interest on the excess at a rate of five percent (5%) per year, provided the tenant occupies the premises for six months or more. Interest will be calculated and paid annually by the landlord to the tenant. Ohio Rev. Code § 5321.16
Separate Security Deposit Bank Account:	No statute.
Non-refundable fees:	No statute.
Pet Deposits and Additional Fees:	No statute.
Deadline for Returning Security Deposit:	The security deposit, minus any deductions for tenant non-compliance must be returned to the tenant within thirty days after termination of the rental agreement and delivery of possession. Ohio Rev. Code § 5321.16
Permitted Uses of the Deposit:	Money from the security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with section 5321.05 of the Revised Code or the rental agreement. Ohio Rev. Code § 5321.16
Security Deposit can be Withheld:	Money from the security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with section 5321.05 of the Revised Code or the rental agreement. Written notice of the itemized deductions must be delivered to the tenant together with the amount due within thirty (30) days after the termination of the rental agreement. Ohio Rev. Code § 5321.16
Require Written Description/Itemized List of Damages and Charges:	Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due within thirty (30) days after the termination of the rental agreement. Ohio Rev. Code § 5321.16
Receipt of Security Deposit:	No statute.
Record Keeping of Deposit Withholdings:	No statute.
Failure to Comply:	If the landlord fails to comply with the stipulations of this act, the tenant may recover the property and money due him, in addition to the damages in an amount equal to the amount wrongfully withheld. The tenant is also eligible to recover reasonable attorneys fees. Ohio Rev. Code § 5321.16

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	Rent is due according to the terms of the rental agreement. Ohio Rev. Code § 5321.06
Payment Methods:	A landlord and a tenant may include any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321. of the Revised Code or any other rule of law in the rental agreement. Ohio Rev. Code § 5321.06
Rent Increase Notice:	No statute.
Late Fees:	No statute, but case law permits limited fees if included and specified in the lease. Ohio Rev. Code § 5321.06
Application Fees:	No statute.
Prepaid Rent:	Any security deposit in excess of fifty dollars or one month’s periodic rent (pre-paid rent), whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more. It shall be computed and paid annually by the landlord to the tenant. Ohio Rev. Code § 5321.16
Returned Check Fees:	If a check has been returned or dishonored for any reason, the collection agency may charge and receive check collection charges at a maximum of thirty dollars or ten per cent of the face amount of the check’s value, whichever is greater. They may also charge and receive any fee imposed by a financial institution upon the holder of the check, negotiable order of withdrawal, share draft, or other negotiable instrument that has been returned or dishonored for any reason. Ohio Rev. Code § 1319.16
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Yes, but only under certain circumstances if the landlord fails to provide to fulfill obligations to tenant per Ohio Rev. Code § 5321.04. See statutes. Ohio Rev. Code § 5321.04 Ohio Rev. Code § 5321.07 Ohio Rev. Code § 5321.08 Ohio Rev. Code § 5321.09 Ohio Rev. Code § 5321.10
Tenant Allowed to Repair and Deduct Rent:	No statute.
Self-Help Evictions:	Landlords are not permitted to initiate any act, including exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated. Ohio Rev. Code § 5321.15
Landlord Allowed to Recover Court and Attorney’s Fees:	Yes, but only in certain circumstances. See statute. Rental agreements are not allowed to include any stipulations regarding the recovery of any court or legal fees by the landlord or the tenant. Ohio Rev. Code § 5321.13
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute.

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	No notice is required as the lease simply expires.
Notice to Terminate a Periodic Lease – Month-to-Month:	The landlord or tenant may terminate or fail to renew a month-to-month tenancy by giving at least thirty days’ notice prior to the periodic rental date. Ohio Rev. Code § 5321.17
Notice to Terminate a Periodic Lease – Week-to-week:	The landlord or tenant may terminate or fail to renew a week-to-week tenancy by giving the other at least seven days’ notice prior to the termination date specified in the notice. Ohio Rev. Code § 5321.17
Notice to Terminate Lease due to Sale of Property:	Landlords must honor the terms of the lease contract regardless or not if the property has been sold. They are not eligible to terminate the agreement early solely because they’re selling the property.
Notice of date/time of Move-Out Inspection:	No statute.
Notice of Termination for Nonpayment:	Three day written notice is required. Ohio Rev. Code § 1923.04
Notice for Lease Violation:	Three day written notice is required. Ohio Rev. Code § 1923.04
Required Notice before Entry:	Landlords must provide tenants reasonable notice (presumabley 24 hours’ of notice) before showing the rental property to potential buyers, unless a shorter timeframe is agreed by both parties. Ohio Rev. Code § 5321.04
Entry Allowed with Notice for Maintenance and Repairs:	The landlord is permitted to enter into the dwelling unit to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements. Reasonable notice should be given. Ohio Rev. Code § 5321.05
Emergency Entry Allowed without Notice:	Landlords must provide tenants reasonable notice (presumably 24 hours’ of notice) before showing the rental property to potential buyers, unless a shorter timeframe is agreed by both parties. Ohio Rev. Code § 5321.04
Entry Allowed During Tenant’s Extended Absence:	No statute.
Entry Allowed with Notice for Showing the Property:	Landlords must provide tenants reasonable notice (presumably 24 hours’ of notice) before showing the rental property to potential buyers, unless a shorter timeframe is agreed by both parties. Ohio Rev. Code § 5321.04
Notice to Tenants for Pesticide Use:	No statute.
Lockouts Allowed:	Landlords are not permitted to initiate any act, including the termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated. Ohio Rev. Code § 5321.15
Utility Shut-offs Allowed:	Landlords are not permitted to initiate any act, including the termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated. Ohio Rev. Code § 5321.15
Electronic Notices Allowed:	Electronic notices are not permitted.

Disclosures

• Name and Addresses: Landlord must disclose name and address of owner and agent. (Ohio Rev. Code § 5321.18)
• Copy of the Lease: Tenant must be provided with a copy of the lease. (Standard practice)
• Domestic Violence Situations: Victims may terminate lease with court protection order and 30-day notice. (Ohio Rev. Code § 5321.17)

Duties

Landlord’s Duties

• Compliance: Must comply with housing codes. (Ohio Rev. Code § 5321.04)
• Repairs: Maintain premises in habitable condition. (Ohio Rev. Code § 5321.04)
• Common Areas: Keep clean and safe. (Common law)
• Maintenance: Ensure essential services like heat and plumbing are working. (Ohio Rev. Code § 5321.04)
• Garbage: Provide suitable waste disposal. (Ohio Rev. Code § 5321.04)

Tenant’s Duties

• Cleanliness: Maintain unit clean. (Ohio Rev. Code § 5321.05)
• Trash: Dispose properly. (Ohio Rev. Code § 5321.05)
• Plumbing: Use fixtures reasonably. (Ohio Rev. Code § 5321.05)
• Appliances: Use responsibly. (Ohio Rev. Code § 5321.05)
• Damage: Avoid causing damage. (Ohio Rev. Code § 5321.05)
• Quiet Enjoyment: Do not disturb others. (Common law)
• Subleasing: Permitted if not prohibited by lease. (Lease-specific)
• Retaliation: Not permitted. (Ohio Rev. Code § 5321.02)
• Lead Disclosure: Required by federal law.