Create Your Ohio Standard Residential Lease Agreement
1
2
3
Ohio Standard Residential Lease Agreement
Governed by Ohio Revised Code Chapter 5321Governed by Ohio Revised Code Chapter 5321
Required Disclosures
Lead-Based Paint Disclosure (federal Requirement)
For all residential properties built before 1978, federal law under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d) requires landlords to: [2]
Disclose known information concerning lead-based paint or lead-based paint hazards
Provide tenants with an EPA-approved pamphlet on lead poisoning prevention ("Protect Your Family From Lead in Your Home")
Include a Lead Warning Statement in the lease agreement
Provide any available records or reports pertaining to lead-based paint
Retain signed acknowledgments for at least three (3) years
Exemptions: Housing for the elderly or disabled (unless children under 6 reside or are expected to reside), zero-bedroom units, short-term rentals of 100 days or less, and housing certified as lead-free by an accredited inspector.
Landlord and Agent Identification
Under ORC 5321.18, every written rental agreement must contain the name and address of the landlord and the landlord's agent (if any) who is authorized to manage the premises, receive service of process, and receive notices and demands. [3]
For oral rental agreements, the landlord must provide this information in writing at the beginning of the tenant's occupancy. This requirement ensures tenants know who to contact for maintenance issues, emergencies, and legal matters.
Security Deposit Regulations
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 conditions typically keep deposits reasonable (commonly equivalent to one to two months' rent).
Interest on Security Deposits
Under ORC 5321.16(A), when a security deposit exceeds $50 or one month's periodic rent (whichever is greater) and the tenant remains in the rental unit for six months or more, the landlord must pay interest on the deposit at the rate of 5% per annum. [4]
Note: Interest Calculation: Interest is computed annually on the excess amount above the one-month rent threshold. For example, if monthly rent is $1,000 and the security deposit is $1,500, interest accrues only on the $500 excess at 5% annually ($25/year).
Return of Security Deposit
Under ORC 5321.16(B), landlords must return the security deposit within thirty (30) days after termination of the rental agreement and delivery of possession by the tenant. [4]
The 30-day period begins when both conditions are met: (1) the rental agreement is terminated, AND (2) the tenant has delivered possession of the premises (vacated and returned keys).
Permissible Deductions
Under ORC 5321.16(B), security deposits may be applied only to: [4]
Payment of past due rent
Payment of damages suffered by reason of the tenant's noncompliance with ORC 5321.05 (tenant obligations) or the rental agreement
Normal Wear and Tear: Landlords cannot deduct for normal wear and tear. This includes minor scuffs on walls, worn carpet in high-traffic areas, faded paint, and similar conditions resulting from ordinary use.
Itemization Requirement
If the landlord withholds any portion of the security deposit, ORC 5321.16(B) requires them to provide the tenant with a written itemized statement identifying the amount withheld, the specific nature of the damage, and the amount charged for each item. [4]
Tenant's Forwarding Address Requirement
Under ORC 5321.16(B), the tenant must provide the landlord in writing with a forwarding address or new address to which the deposit and itemization can be sent. [4]
CRITICAL: If the tenant fails to provide a forwarding address, the tenant is not entitled to damages or attorney's fees under ORC 5321.16(C), even if the landlord fails to return the deposit on time.
Penalties for Non-Compliance
Under ORC 5321.16(C), if a landlord fails to comply with the security deposit return requirements, the tenant may recover: [4]
The amount wrongfully withheld
Damages in an amount equal to the amount wrongfully withheld
Reasonable attorney's fees
Rent Payment Terms
Grace Period
- Ohio law does not mandate a grace period for rent payments. [1] Rent is due on the date specified in the lease agreement (typically the first of the month). Landlords may begin late fee assessment or eviction proceedings immediately upon non-payment unless a grace period is specified in the lease.
Tip for Tenants: Negotiate a grace period (commonly 3-5 days) in your lease agreement before signing.
Late Fees
- Ohio law does not impose a statutory maximum on late fees. [1] However, Ohio courts may refuse to enforce late fees deemed unreasonable or punitive under general contract law principles.
Industry Standard: Common late fees in Ohio range from 4-5% of monthly rent or a flat fee of $25-$50. Late fees exceeding 10% of monthly rent may face judicial scrutiny.
Local Ordinances: Some Ohio municipalities (including Cincinnati, Cleveland, and Columbus) have local ordinances that may impose additional restrictions on late fees. Landlords should verify compliance with local law.
Returned Check (NSF) Fees
Under ORC 1319.16, landlords may charge fees for checks returned due to insufficient funds. The maximum NSF fee is the greater of: (1) $30, or (2) 10% of the check amount. [5]
Landlord Entry Rights
Notice Requirement
Under ORC 5321.04(A)(8), landlords must provide tenants with reasonable notice of their intent to enter the rental unit and must enter only at reasonable times. [6]
Twenty-four (24) hours is presumed to be reasonable notice in the absence of evidence to the contrary. Written notice is recommended but not expressly required by statute.
Exceptions to Notice Requirement
Under ORC 5321.04(A)(8), landlords may enter without advance notice in: [6]
Emergencies (fire, flooding, gas leak, medical emergencies, etc.)
Situations where advance notice is impracticable
Tenant Consent Requirement
Under ORC 5321.05(B), tenants shall not unreasonably withhold consent for the landlord to enter the dwelling unit to: [7]
Inspect the premises
Make ordinary, necessary, or agreed repairs
Deliver parcels that are too large for a mailbox
Supply necessary or agreed services
Exhibit the dwelling unit to prospective purchasers, mortgagees, tenants, workmen, or contractors
Tenant Remedies for Entry Violations
Under ORC 5321.04(B), if a landlord makes an unlawful entry, enters in an unreasonable manner, or makes repeated demands for entry that have the effect of harassing the tenant, the tenant may: [6]
Recover actual damages
Obtain injunctive relief to prevent future violations
Obtain a judgment for reasonable attorney's fees
Terminate the rental agreement
Lease Termination Procedures
Month-To-Month Tenancies
Under ORC 5321.17(B), either the landlord or tenant may terminate a month-to-month tenancy by giving at least thirty (30) days' written notice prior to the periodic rental date. [8]
Example: If rent is due on the 1st of each month and the landlord wants to terminate on March 1st, they must provide notice by January 30th.
Week-To-Week Tenancies
Under ORC 5321.17(A), either the landlord or tenant may terminate a week-to-week tenancy by giving at least seven (7) days' written notice prior to the termination date specified in the notice. [8]
Fixed-Term Leases
Fixed-term leases (such as one-year leases) terminate automatically 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.
Holdover Tenancy: If a tenant remains in possession after the lease expires and the landlord accepts rent, the tenancy typically converts to a month-to-month arrangement on the same terms as the original lease.
Early Termination
Ohio law does not provide a general right for tenants to terminate fixed-term leases early without penalty. [1] However, tenants may have legal grounds for early termination in specific circumstances:
Landlord's material breach of the lease or failure to maintain habitable conditions (ORC 5321.07)
Active military duty under the Servicemembers Civil Relief Act (50 U.S.C. 3955)
Domestic violence victims (check local ordinances)
Landlord's Duty to Mitigate Damages
Under ORC 5321.07 and Ohio common law, landlords have a duty to make reasonable efforts to re-rent the property when a tenant breaks a lease early. [9] A landlord cannot simply let the unit sit empty and charge the former tenant for the entire remaining lease term.
Eviction Process
Notice Requirements
Before filing for eviction in Ohio, landlords must provide tenants with proper written notice. Under ORC 1923.04, the notice requirements depend on the reason for eviction: [10]
Non-Payment of Rent: Three (3) days' notice to vacate. No opportunity to cure is required.
Lease Violations: Thirty (30) days' notice specifying the violation and providing an opportunity to remedy (for most violations).
Drug Activity/Criminal Conduct: Three (3) days' notice. No opportunity to cure.
End of Periodic Tenancy: Thirty (30) days for month-to-month; seven (7) days for week-to-week.
Required Notice Language
Under ORC 1923.04(A), every notice to recover residential premises must include the following language: [10]
"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."
Forcible Entry and Detainer Action
Eviction lawsuits in Ohio are called "forcible entry and detainer" actions and are governed by ORC Chapter 1923. [10] Key procedural steps include:
Landlord files complaint in municipal or county court
Tenant is served with summons and complaint
Court hearing scheduled (typically within 7-21 days)
Both parties present evidence and testimony
If landlord prevails, court issues judgment for possession
Writ of Restitution
If the tenant does not vacate after the judgment, the landlord may request a writ of restitution from the court. This authorizes a sheriff or bailiff to physically remove the tenant and their belongings from the property. [10]
Prohibited Self-Help Evictions
Under ORC 5321.15, landlords are strictly prohibited from taking "self-help" eviction measures, including: [11]
Changing or adding locks
Removing doors or windows
Removing tenant's personal belongings
Shutting off utilities (gas, electric, water)
Using threats, intimidation, or force
Penalties: Landlords who engage in unlawful self-help evictions may be liable for actual damages, statutory damages, attorney's fees, and potential criminal charges.
Landlord Obligations
Under ORC 5321.04, Ohio landlords have the following mandatory obligations: [6]
Code Compliance
Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety. [6]
Repairs and Maintenance
Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition. [6]
Common Areas
Keep all common areas of the premises in a safe and sanitary condition. [6]
Systems and Appliances
Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by the landlord. [6]
Garbage and Waste Removal
When the landlord is a party to rental agreements covering four or more dwelling units in the same structure, provide and maintain appropriate receptacles for removal of ashes, garbage, rubbish, and other waste and arrange for their removal. [6]
Utilities
Supply running water, reasonable amounts of hot water, and reasonable heat at all times, except where: (a) the building is not required by law to be equipped for that purpose, or (b) heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. [6]
Tenant Obligations
Under ORC 5321.05, Ohio tenants have the following mandatory obligations: [7]
Sanitation
Keep that part of the premises occupied and used safe and sanitary.
Waste Disposal
Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner.
Plumbing Fixtures
Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
Proper Use of Fixtures
Use and operate all electrical and plumbing fixtures properly.
Code Compliance
Comply with the requirements imposed on tenants by all applicable state and local housing, health, and safety codes.
Damage Prevention
Not intentionally or negligently destroy, deface, damage, or remove any fixture, appliance, or other part of the premises.
Conduct
Conduct themselves and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb neighbors' peaceful enjoyment of the premises.
Repair Notification
Promptly notify the landlord in writing of any conditions requiring repair that the tenant reasonably believes pose a health or safety hazard. [7]
Tenant Rights and Protections
Right to Habitable Housing
Note: Under Ohio law, landlords have an implied warranty of habitability. [6] This means tenants have the right to housing that is fit for human habitation, including:
Working plumbing, heating, and electrical systems
Safe structural conditions (roof, walls, floors, windows)
Freedom from pest infestations
Compliance with building and housing codes
Remedies for Landlord Breach
Under ORC 5321.07, if a landlord fails to fulfill their obligations, tenants may: [9]
Deposit rent with the court (rent escrow) pending resolution
Terminate the rental agreement after proper notice
Recover damages suffered due to landlord's breach
Obtain reasonable attorney's fees
Note: Important: Tenants must provide written notice to the landlord of needed repairs and allow a reasonable time (typically 30 days) for the landlord to remedy the condition before pursuing these remedies.
Protection Against Retaliation
Under ORC 5321.02, landlords are prohibited from retaliating against tenants who exercise their legal rights. [12] Protected activities include:
Complaining to the landlord about needed repairs
Reporting code violations to government authorities
Joining or organizing a tenant association
Exercising any right under Ohio landlord-tenant law
Prohibited Retaliatory Actions: Increasing rent, decreasing services, threatening or filing eviction, or any other action intended to punish the tenant for exercising their legal rights.
Fair Housing Protections
Both federal and Ohio state law prohibit discrimination in residential housing. The Fair Housing Act (42 U.S.C. 3601-3619) and Ohio Revised Code Chapter 4112 protect tenants from discrimination. [13]
Protected Classes
In Ohio, landlords cannot discriminate against tenants based on:
Race
Color
Religion
Sex (including sexual harassment)
National origin
Disability (physical or mental)
Familial status (families with children under 18)
Ancestry (Ohio-specific protection)
Military status (Ohio-specific protection)
Filing Discrimination Complaints
Tenants who believe they have experienced housing discrimination may file complaints with:
U.S. Department of Housing and Urban Development (HUD): 1-800-669-9777 or www.hud.gov
Ohio Civil Rights Commission: 1-888-278-7101 or crc.ohio.gov
Local fair housing agencies in your city or county
Resources and Citations
- Ohio Revised Code Chapter 5321 - Landlords and Tenants (Full Chapter)
- 42 U.S.C. 4852d - Residential Lead-Based Paint Hazard Reduction Act (Federal Law)
- Ohio Revised Code Section 5321.18 - Written Rental Agreement Requirements
- Ohio Revised Code Section 5321.16 - Security Deposit Procedures
- Ohio Revised Code Section 1319.16 - Returned Check Fees
- Ohio Revised Code Section 5321.04 - Landlord Obligations
- Ohio Revised Code Section 5321.05 - Tenant Obligations
- Ohio Revised Code Section 5321.17 - Termination of Tenancy
- Ohio Revised Code Section 5321.07 - Tenant Remedies for Landlord Breach
- Ohio Revised Code Chapter 1923 - Forcible Entry and Detainer (Evictions)
- Ohio Revised Code Section 5321.15 - Prohibited Landlord Actions
- Ohio Revised Code Section 5321.02 - Retaliatory Action Prohibited
- Ohio Revised Code Chapter 4112 - Civil Rights (Fair Housing)
- U.S. Fair Housing Act (42 U.S.C. 3601-3619)
- U.S. EPA Lead-Based Paint Disclosure Requirements
Disclaimer
This document is provided for informational purposes only and does not constitute legal advice. Ohio landlord-tenant law is complex and subject to change. Local ordinances in your city or county may impose additional requirements or protections not covered in this guide.
Landlords and tenants should consult with a qualified Ohio attorney for legal advice specific to their situation. This guide was compiled from publicly available statutory sources and is believed to be accurate as of the date of creation, but no warranty of accuracy or completeness is made.
Document compiled: December 2025
Primary Authority: Ohio Revised Code (codes.ohio.gov)