Ohio Residential Lease Agreement

Important Information for Ohio Landlords

Ohio Rental Law Highlights

Security Deposits (O.R.C. § 5321.16)

• No Maximum Amount: Ohio does not limit security deposit amounts
• Return Timeline: 30 days after termination to return deposit or provide itemized list
• Interest Required: Must pay interest on deposits held 6+ months OR held one year+ for 5+ year tenancy
• Interest Rate: 5% per annum (annually)
• Itemization Required: Must provide itemized list of damages with estimated or actual repair costs
• Forwarding Address: Tenant must provide forwarding address for deposit return
• Penalties: Bad faith retention can result in damages plus attorney fees
• Normal Wear and Tear: Cannot deduct for ordinary wear and tear

Rent and Rent Increases

• No Rent Control: Ohio does not have rent control
• No Notice Required: For fixed-term lease expiration
• Month-to-Month: 30 days notice required for rent increase or termination
• Late Fees: Must be reasonable and specified in lease
• Grace Period: Not required by state law

Required Disclosures

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Landlord or authorized agent name and address
• Security deposit interest information (if applicable)
• Smoke detector and carbon monoxide detector information
• Move-in checklist or inspection report (recommended)
• Ohio Landlord-Tenant Law summary (recommended)
• Bedbug disclosure (if known infestation)

Eviction and Termination (O.R.C. § 5321.17, 1923.02-1923.04)

• 3-Day Notice: For nonpayment of rent
• 30-Day Notice: For lease violations (with opportunity to cure)
• 30-Day Notice: To terminate month-to-month tenancy (either party)
• Written Notice Required: All notices must be in writing
• Court Process: Must file forcible entry and detainer action
• No Self-Help: Lockouts and utility shutoffs are illegal
• Fast Process: Ohio evictions can be relatively quick

Landlord Obligations (O.R.C. § 5321.04)

• Habitability: Must maintain premises in fit and habitable condition
• Essential Services: Running water, hot water, heating
• Building Codes: Must comply with applicable codes
• Structural Soundness: Roof, walls, floors in good repair
• Smoke/CO Detectors: Must install and maintain working detectors
• Common Areas: Must keep safe and clean
• Prompt Repairs: Must make repairs within reasonable time (30 days)

Entry Requirements (O.R.C. § 5321.04(A)(8))

• Reasonable Notice: Must give reasonable notice (24 hours recommended)
• Reasonable Times: Entry must be at reasonable times
• Emergency Exception: Can enter without notice in emergency
• Abandonment: Can enter if property appears abandoned
• Permitted Purposes: Inspection, repairs, showing property

Tenant Rights and Protections (O.R.C. § 5321.07)

• Implied Warranty of Habitability: Landlord must maintain livable conditions
• Deposit in Rent Escrow: Tenant can deposit rent with court if repairs not made
• Repair and Deduct: Limited right to repair and deduct (up to one month’s rent)
• Retaliation Protection: Cannot retaliate for complaints or organizing
• Privacy Rights: Reasonable notice required for entry
• Domestic Violence Protection: Early termination rights for victims

Pet Policies

• Pet Deposits: No state limit on pet deposits
• Pet Rent: Can charge monthly pet rent
• Non-Refundable Fees: Can charge non-refundable pet fees
• Service Animals: Must allow under Fair Housing Act; no fees permitted
• Assistance Animals: Must accommodate with proper documentation
• Breed Restrictions: Generally allowed but check local ordinances

Ohio-Specific Considerations

Security Deposit Interest (O.R.C. § 5321.16)

• Interest required if deposit held 6+ months
• OR if held one year+ for tenancy lasting 5+ years
• Rate: 5% per annum
• Must be paid at termination or annually if required
• Calculate from date deposit received

Move-In/Move-Out Inspection

• Not required by law but highly recommended
• Use detailed checklist documenting condition
• Take photos/videos at move-in and move-out
• Both parties should sign inspection report
• Protects both landlord and tenant in disputes

Winter Weather Considerations

• Heating must be provided and maintained
• Address frozen pipe prevention (tenant should maintain heat)
• Specify snow removal responsibilities (walkways, driveways)
• Include ice removal from walkways for safety
• Landlord typically responsible for sidewalks (check local ordinances)

Smoke and Carbon Monoxide Detectors (O.R.C. § 3781.111)

• Landlord must provide working smoke detectors
• Required on every level and near bedrooms
• Carbon monoxide detectors required if fuel-burning appliances or attached garage
• Landlord installs and provides initial batteries
• Tenant responsible for maintaining and replacing batteries
• Tenant cannot disable or remove detectors

Rent Escrow (O.R.C. § 5321.07)

• Tenant can deposit rent with court if landlord fails to make repairs
• Must give written notice of problem
• Landlord has 30 days to make repairs
• Tenant can file action to deposit rent with clerk of court
• Court determines if repair necessary and cost
• Protects tenant from eviction while repairs pending

Columbus-Specific Requirements

Key Columbus Provisions

• Rental Registration: Required for all rental properties
• Lead Safe Certification: Required for pre-1978 properties if child under 6 present
• Property Inspections: Regular code enforcement inspections
• Certificate of Occupancy: May be required
• Crime-Free Housing: Compliance with ordinances

Cleveland and Cincinnati

• Both cities have rental registration requirements
• Additional local code requirements
• Lead hazard control programs
• Check local housing departments for specific requirements

Fair Housing Requirements

Best Practices for Ohio Landlords

• Use written leases for all tenancies
• Conduct thorough move-in/move-out inspections with photos
• Provide all required disclosures before tenant signs
• Comply with 30-day security deposit return timeline
• Pay interest on deposits held 6+ months (5% per annum)
• Provide itemized list of deductions with costs
• Give reasonable notice before entry (24 hours recommended)
• Respond to repair requests within 30 days
• Keep detailed records of all transactions
• Address winter weather responsibilities clearly
• Never use self-help eviction methods
• Follow proper forcible entry and detainer procedures
• Register property if in Columbus, Cleveland, or Cincinnati
• Consider landlord insurance
• Join local landlord associations

Abandoned Property (O.R.C. § 5321.16)

• Property presumed abandoned under certain conditions
• Must store abandoned personal property
• Must notify tenant at last known address
• Can dispose after holding period expires
• Proceeds apply toward unpaid rent/damages

Landlord’s Lien

• Ohio does not provide statutory landlord’s lien
• Cannot seize tenant’s property for unpaid rent
• Must use eviction process and judgment collection

Mold Issues

• No specific Ohio mold statute
• Falls under general habitability requirements
• Landlord should address moisture problems promptly
• Tenant should report water intrusion immediately
• Include mold prevention clause in lease (recommended)

Utilities and Services

• Must clearly state who pays which utilities
• Cannot shut off utilities as eviction tactic
• If landlord-paid utilities, cannot charge tenant more than actual cost
• Submetering allowed with proper disclosure

Resources

• Ohio Revised Code (O.R.C.) – Chapter 5321 (Landlord-Tenant)
• Ohio Revised Code – Chapter 1923 (Forcible Entry and Detainer)
• Ohio State Bar Association – Real Property Section
• Columbus Department of Building & Zoning Services
• Cleveland Department of Building and Housing
• Cincinnati Building Department
• Ohio Apartment Association
• Local legal aid societies