Ohio Residential Lease Agreement

Introduction

This comprehensive guide covers Ohio residential lease agreements and landlord-tenant law under Ohio Revised Code Chapter 5321. ^[1] It provides detailed information about legal requirements, landlord and tenant obligations, security deposits, rent payment terms, entry rights, lease termination, and eviction procedures applicable in the State of Ohio.

This guide is for informational purposes only and does not constitute legal advice. Landlords and tenants should consult with a qualified attorney for specific legal guidance.

Required Disclosures

Lead-Based Paint Disclosure

For residential properties built before 1978, federal law requires landlords to provide tenants with a lead-based paint disclosure. ^[2] This disclosure must inform tenants of any known lead-based paint hazards in the property and provide an EPA-approved pamphlet about lead poisoning prevention.

Landlord and Agent Identification

Ohio law requires that every rental agreement must include "the name and address of the landlord and the landlord's agent." ^[3] This ensures tenants know who to contact for maintenance issues, emergencies, and legal notices.

Security Deposits

Maximum Security Deposit Amount

Ohio law does not impose a statutory maximum limit on security deposit amounts. ^[4] Landlords may charge any amount they deem appropriate, though market competition typically keeps deposits reasonable (commonly 1-2 months' rent).

Interest on Security Deposits

When a security deposit exceeds $50 or one month's rent (whichever is greater) and the tenant remains in the rental unit for six months or more, Ohio law requires landlords to pay interest on the deposit. ^[5] The interest rate is set at 5% per annum, and must be computed and paid annually.

Interest Calculation Example:

• Security deposit: $1,200 (exceeds both $50 and 1 month's rent of $1,000)
• Excess amount subject to interest: $200 ($1,200 - $1,000)
• Annual interest owed: $10 ($200 × 5%)

Security Deposit Return Timeline

Upon termination of the lease, landlords must return the security deposit within 30 days after the tenant vacates and delivers possession of the property. ^[5] This 30-day period begins when the tenant both (1) terminates the rental agreement and (2) delivers possession of the premises.

Itemization of Deductions

If a landlord withholds any portion of the security deposit, they must provide the tenant with a written, itemized statement identifying the specific deduction amounts and reasons. ^[5] Valid deductions include:

• Unpaid rent
• Damages beyond normal wear and tear caused by tenant noncompliance
• Other charges specified in the lease agreement

Tenant's Forwarding Address Requirement

The tenant must provide the landlord with a forwarding address in writing to which the deposit refund and itemization can be sent. ^[5] If the tenant fails to provide a forwarding address, the tenant is not entitled to damages or attorney's fees under Ohio law.

Separate Account Requirement

Ohio law does not require landlords to hold security deposits in a separate or interest-bearing account. ^[4] However, landlords must still pay the required 5% interest on applicable deposits regardless of how the funds are stored.

Landlord's Right to Enter

Advance Notice Requirement

Ohio law requires landlords to provide tenants with at least 24 hours' advance written notice before entering the rental unit. ^[6] The landlord must enter only at reasonable times, respecting the tenant's privacy and right to peaceful enjoyment of the property.

Emergency Entry

In cases of emergency (such as fire, flooding, gas leak, or other situations requiring immediate attention), landlords may enter the premises without providing advance notice. ^[6] The emergency exception exists to protect both the property and tenant safety.

Tenant Remedies for Violations

If a landlord violates the right of access requirements by entering without proper notice (except in emergencies), the tenant may recover actual damages and reasonable attorney's fees. ^[6] This provides tenants with a legal remedy to enforce their privacy rights.

Rent Payment Terms

Grace Period

Ohio law does not mandate a grace period for rent payments. ^[7] Landlords and tenants may negotiate grace periods in their lease agreements, but absent such an agreement, rent is due on the date specified in the lease (typically the first of the month).

Late Fees

Ohio law does not impose a statutory maximum on late fees. ^[7] Landlords may charge late fees as specified in the lease agreement, though courts may refuse to enforce fees deemed unreasonable or punitive. Common practice is to charge 5-10% of monthly rent or a flat fee of $25-$100.

NSF (non-Sufficient Funds) Fees

Ohio law permits landlords to charge fees for returned checks due to non-sufficient funds. The maximum NSF fee is the greater of: (1) $30, or (2) 10% of the check amount. ^[8] This fee helps compensate landlords for the administrative burden and potential late rent caused by bounced checks.

NSF Fee Examples:

• Rent check for $800: NSF fee = $80 (10% of $800 exceeds $30)
• Rent check for $250: NSF fee = $30 ($30 exceeds 10% of $250, which is $25)

Lease Termination

Month-To-Month Tenancies

For month-to-month rental agreements, either the landlord or tenant may terminate the tenancy by providing at least 30 days' written notice before the next rent payment is due. ^[9] This notice period gives both parties adequate time to make alternative arrangements.

Fixed-Term Leases

Fixed-term leases (such as 1-year leases) automatically terminate at the end of the lease period unless renewed. ^[1] Neither party is required to provide advance notice of non-renewal unless specified in the lease agreement. If the tenant remains in possession after the lease expires and the landlord accepts rent, the tenancy typically converts to a month-to-month arrangement.

Early Termination by Tenant

Ohio law does not provide a general right for tenants to break fixed-term leases early without penalty. ^[1] However, tenants may have legal grounds to terminate early in specific circumstances:

• Landlord's failure to maintain habitable conditions
• Landlord's material breach of the lease agreement
• Active military duty (under the Servicemembers Civil Relief Act)
• Domestic violence situations (in some circumstances)

Otherwise, tenants who break a lease early may be liable for rent through the end of the lease term, minus any amounts the landlord recovers by re-renting the unit. Ohio law requires landlords to make reasonable efforts to mitigate damages by attempting to re-rent the property. ^[10]

Eviction Procedures

Notice Requirements

Before filing for eviction in Ohio, landlords must provide tenants with proper written notice. The type and duration of notice depends on the reason for eviction: ^[11]

• Nonpayment of rent: 3-day notice to pay or vacate
• Lease violations: 30-day notice to remedy or vacate
• No cause (month-to-month): 30-day notice to vacate

Eviction Process

If the tenant fails to comply with the notice, the landlord may file an eviction action (called a "forcible entry and detainer" action) in municipal or county court. ^[11] The court will schedule a hearing, typically within 15-30 days. Both parties have the right to present evidence and testimony.

Court Judgment and Removal

If the court rules in favor of the landlord, it will issue a judgment for possession. The tenant typically has 10 days to vacate voluntarily. If the tenant does not leave, the landlord may request a "writ of restitution" from the court, authorizing a sheriff or bailiff to physically remove the tenant and their belongings. ^[11]

Prohibited Self-Help Evictions

Ohio law strictly prohibits landlords from taking "self-help" eviction measures, such as:

• Changing locks
• Removing tenant's belongings
• Shutting off utilities
• Using threats or intimidation

Landlords who engage in unlawful eviction practices may face liability for damages, attorney's fees, and potential criminal charges. ^[12] All evictions must go through the court system.

Tenant Rights and Protections

Right to Habitable Housing

Under Ohio law, landlords have an implied duty to maintain rental properties in a habitable condition. ^[13] This includes:

• Keeping common areas safe and sanitary
• Maintaining electrical, plumbing, heating, and ventilation systems
• Providing working smoke detectors
• Complying with applicable building and housing codes
• Making necessary repairs in a timely manner

Rent Withholding and Repair Remedies

If a landlord fails to make necessary repairs that affect habitability, Ohio tenants may have several remedies: ^[14]

• Deposit rent with the court (rent escrow)
• Make repairs and deduct the cost from rent (with court approval)
• Terminate the lease due to breach of habitability
• Sue for damages

Tenants should provide written notice to the landlord of needed repairs and allow reasonable time for the landlord to respond before pursuing these remedies.

Protection Against Retaliation

Ohio law prohibits landlords from retaliating against tenants who exercise their legal rights, such as: ^[15]

• Complaining to the landlord about needed repairs
• Reporting code violations to government authorities
• Joining a tenant organization
• Exercising rights under the lease or Ohio law

Retaliatory actions (such as raising rent, decreasing services, or attempting eviction) within a certain period after a tenant exercises their rights may create a presumption of retaliation, giving the tenant grounds to defend against eviction or sue for damages.

Landlord Obligations

Property Maintenance

Under ORC 5321.04, landlords must: ^[13]

• Comply with all applicable building, housing, health, and safety codes
• Make all necessary repairs to keep the premises in fit and habitable condition
• Keep common areas safe and sanitary
• Maintain electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems
• Provide and maintain appropriate receptacles for garbage removal
• Supply running water, reasonable amounts of hot water, and reasonable heat

Written Rental Agreement

While oral rental agreements are legally valid in Ohio for month-to-month tenancies, landlords must provide a written rental agreement if requested by the tenant. ^[3] The written agreement must include the landlord's name and address for service of legal notices.

Timely Repairs

When a tenant notifies the landlord of needed repairs, the landlord must respond within a reasonable time. ^[13] What constitutes "reasonable" depends on the urgency and severity of the issue:

• Emergency repairs (no heat in winter, major water leak): 24-48 hours
• Urgent repairs (broken appliance, minor plumbing issue): 3-7 days
• Non-urgent repairs (cosmetic issues): 14-30 days

Tenant Obligations

Rent Payment

Tenants must pay rent when due according to the rental agreement. ^[16] Failure to pay rent on time can result in late fees (if specified in the lease) and potential eviction.

Property Care

Under ORC 5321.05, tenants must: ^[16]

• Keep the premises safe and sanitary
• Dispose of garbage in a clean and sanitary manner
• Use electrical, plumbing, and other facilities properly
• Comply with building and housing codes
• Not deliberately or negligently destroy, damage, or remove property
• Conduct themselves in a manner that does not disturb neighbors

Notice of Needed Repairs

Tenants must promptly notify the landlord of any conditions requiring repair or maintenance. ^[16] This notice should be in writing and describe the problem in detail. Tenants who fail to report problems may be held responsible for resulting damage.

Discrimination Protections

Federal and Ohio fair housing laws prohibit discrimination in rental housing based on: ^[17]

• Race
• Color
• National origin
• Religion
• Sex (including sexual harassment)
• Familial status (families with children)
• Disability
• Military status (in Ohio)
• Ancestry (in Ohio)

Landlords who violate fair housing laws may face civil penalties, compensatory damages, and legal fees. Tenants who believe they have experienced discrimination can file complaints with the U.S. Department of Housing and Urban Development (HUD) or the Ohio Civil Rights Commission. ^[17]