Ohio Sublease Agreement
An Ohio sublease agreement is a legal contract that allows a tenant, referred to as the “sublessor,” to rent out all or a portion of their rental property to another tenant, known as the “sublessee,” in exchange for regular payments. This agreement is distinct from the original lease between the tenant and the landlord.
Ohio Sublease Agreement
Right to Sublet
Ohio law does not specifically regulate the practice of subletting. The ability to sublet is determined by the terms of the original lease agreement. If the lease does not explicitly allow subletting, the tenant must obtain written consent from the landlord before entering into a sublease agreement.
Landlord’s Consent
A tenant must obtain explicit written permission from the landlord to sublet, unless the original lease explicitly allows it. Even with consent, the landlord retains the right to reject a proposed subtenant based on qualifications, such as creditworthiness or pet ownership.
Standard Components of an Ohio Sublease Agreement
An Ohio sublease agreement typically includes the following elements:
- Names of the Parties: Identification of the sublessor and sublessee.
- Rental Unit Location: Address of the rental unit as per the original lease.
- Term: Start and end dates of the sublease.
- Rent: Amount of rent, payment schedule, and payment method.
- Master Lease Inclusion: Attachment of the original lease, with any exceptions clearly stated.
- Landlord’s Consent: Description of how consent is obtained from the landlord.
- Liability: Responsibilities for damages and obligations under the original lease.
- Authorized Occupants: List of individuals authorized to reside in the rental unit.
- Security Deposit: Details about the security deposit held by the sublessor.
- Pet Deposit: Information regarding any additional pet deposits.
- Return of Security Deposit: Obligations regarding the return of the security deposit within 30 days after the lease ends.
- Inventory of Included Items: List of items included in the sublease.
- Utilities: Specification of which utilities are paid by the sublessor and sublessee.
- Lead-Based Paint Notice: Required notice if the property was built before 1978.
- Disputes: Procedures for resolving disputes between the sublessor and sublessee.
- General Conditions: Statement that the agreement encompasses all agreements between the parties.
- Smoking Policy: Any restrictions on smoking within the rental unit.
- Signatures: Signatures and dates for all parties involved.
Tax Implications of a Sublease in Ohio
If a sublessor rents out a property for less than 30 consecutive days, they may be subject to state and local taxes. The following taxes typically apply to short-term rentals in Ohio:
- State Sales Tax: 5.75%
- County/Local Sales Tax: Varies by county.
- State Lodging Tax: Generally 3% for short-term lodging.
- Local Lodging Tax: Rates vary by municipality, ranging from 3% to 7%.
Filing and Payment
Sales tax due dates in Ohio depend on the filing frequency:
- Monthly: Due on the 23rd of the month following the reporting period.
- Quarterly: Due on the 23rd of the month after the end of the quarter.
- Annually: Due on January 23.
Sublessors must register with the Ohio Department of Taxation to pay sales and use tax and local occupancy tax.
Statutes
- Ohio Rev. Code § 5321.04 – Landlord’s obligations
- Ohio Rev. Code § 5321.05 – Tenant obligations
- Ohio Rev. Code § 5321.07 – Failure of landlord to fulfill obligations – remedies of tenant
- Ohio Rev. Code § 5321.08 – Rent deposits – duty of clerk of court
- Ohio Rev. Code § 5321.09 – Failure of tenant to fulfill obligations – remedies of landlord
- Ohio Rev. Code § 5321.10 – Release of part of rent
- Ohio Rev. Code § 5321.11 – Failure of tenant to fulfill obligations – remedies of landlord
- Ohio Rev. Code § 5321.13 – Terms prohibited in rental agreement
- Ohio Rev. Code § 5321.16 – Procedures for security deposits
- Ohio Rev. Code § 5321.17(C) – Termination of tenancy
- Ohio Rev. Code § 5321.17 – Termination of tenancy
- Ohio Rev. Code § 5321.18 – Requirements for disclosing landlord’s name and address
- Ohio Rev. Code § 5321.051(A)(2) – Eviction of tenant allowing sex or child victim offenders to occupy premises near school, child care facility
- Ohio Rev. Code § 1319.16 – Check collection charges
- Ohio Rev. Code § 1923.01(A) – Jurisdiction in forcible entry and detainer – definitions
- Ohio Rev. Code § 1923.02(A)(9) – Persons subject to forcible entry and detainer action
- Ohio Rev. Code § 1923.02 – Persons subject to forcible entry and detainer action
- Ohio Rev. Code § 1923.04(A) – Notice – Service
- Ohio Rev. Code § 1925.02(A)(1) – Jurisdiction
- Ohio Rev. Code § 2305.06 – Contract in writing
FAQs
Yes, in Ohio, a tenant must obtain explicit written permission from their landlord to sublet their apartment. If the original lease does not allow subletting, the landlord’s consent is necessary before entering into a sublease agreement.
An Ohio sublease agreement typically includes the names of the parties, rental unit location, term of the sublease, rent details, landlord’s consent, liability clauses, authorized occupants, security deposit terms, and a smoking policy, among other provisions.
If you sublet a property in Ohio for less than 30 days, you are generally required to pay state sales tax of 5.75%, along with any applicable county or local lodging taxes. These rates can vary by location, so it’s important to check local regulations.
In Ohio, the sublessor is responsible for returning the sublessee’s security deposit within 30 days after the lease ends and the tenant vacates the rental unit. There is no limit on how much a landlord can collect for a security deposit.
Yes, even if a landlord gives consent for a tenant to sublet, they still have the right to refuse a specific subtenant if they are deemed unqualified, such as having a poor credit history or other disqualifying factors.
Yes, subletting is legal in Ohio. However, tenants must adhere to the terms of their original lease, which may include restrictions on subletting, and should inform their landlord to avoid any violations.
A Landlord Consent Form is a document used to obtain written permission from a landlord to sublet a rental property. It is advisable to use this form if the original lease does not explicitly allow subletting.
If a tenant sublets without obtaining the necessary landlord consent, they may violate their lease agreement, which could lead to eviction or other legal consequences. It’s crucial to ensure compliance with the lease terms.