Ohio landlord-tenant law

No section of chapter 5321 caps or regulates rental application or screening fees. Ohio's fair housing law still governs screening: do not ask about, record, or use an application form with questions on race, color, religion, sex, military status, familial status, ancestry, disability or national origin, and do not ask whether an applicant has a disability or how severe it is, except as that law allows.

Ohio Rev. Code ch. 5321 Ohio Rev. Code § 4112.02(H)(8) Ohio Rev. Code § 4112.02(H)(17)

Ohio's fair housing law bars refusing to rent or to negotiate, otherwise making housing unavailable, and setting different terms, conditions, facilities or services because of race, color, religion, sex, military status, familial status, ancestry, disability or national origin, and it bars discriminatory statements and advertising. You must make reasonable accommodations in rules, policies, practices and services when needed for a person with a disability to have equal opportunity to use and enjoy a dwelling, and permit reasonable modifications at the tenant's expense.

Ohio Rev. Code § 4112.02(H) Ohio Rev. Code § 4112.01 Ohio Rev. Code § 4112.024 Ohio Rev. Code § 4112.055

Every written rental agreement must contain the name and address of the owner and the name and address of the owner's agent, if any. For an owner or agent that is a corporation, partnership, limited partnership, association, trust or other entity, the address must be its principal place of business in the county where the property is located, or its principal place of business in Ohio if it has none in that county, and the lease must give the name of the person in charge of it. For an oral rental agreement, deliver this information to the tenant in a written notice at the start of the tenancy.

Ohio Rev. Code § 5321.18 Ohio Rev. Code § 5321.07(C) Ohio Rev. Code § 5321.13

No section of chapter 5321 requires a landlord to disclose flood risk or flood history to a tenant.

Ohio Rev. Code ch. 5321

Put the name and address of the owner, and of the owner's agent if any, in every written rental agreement. For an entity, give its principal place of business in the county where the property is located, or in Ohio if it has none there, and the name of the person in charge. For an oral agreement, give the tenant this information in a written notice at the start of the tenancy. If you do not, you waive the tenant's written notice under the rent deposit remedy and the clerk's notice of a rent deposit.

Ohio Rev. Code § 5321.18 Ohio Rev. Code § 5323.02

Chapter 5321 does not cap the amount of a security deposit. A security deposit is any deposit of money or property to secure the tenant's performance under a rental agreement.

Ohio Rev. Code ch. 5321 Ohio Rev. Code § 5321.01(E) Ohio Rev. Code § 5321.16

When the rental agreement ends, you may apply the deposit to past-due rent and to damages you suffered because the tenant did not comply with the tenant duties in 5321.05 or with the rental agreement. Itemize and identify every deduction in a written notice and deliver it to the tenant, together with the amount due, within 30 days after the rental agreement ends and the tenant delivers possession. The 30 days run from those two events, not from the day you receive a forwarding address.

Ohio Rev. Code § 5321.16(B) Ohio Rev. Code § 5321.16(C)

Deposit interest and accounts

Any part of a security deposit above $50 or one month's periodic rent, whichever is greater, bears interest at 5 percent a year if the tenant stays in possession six months or more; you compute that interest and pay it to the tenant every year. Chapter 5321 does not require an owner-landlord to hold deposits in a separate or trust account. Licensing law is different for a real estate broker who manages property for its owners: failing to keep all rents and security deposits received in managing the property in a special or trust account at a state or federally chartered institution in Ohio, separate from the broker's other accounts, is grounds for license discipline.

Ohio Rev. Code § 5321.16(A) Ohio Rev. Code § 4735.18(A)(27) Ohio Rev. Code § 4735.01(A)(5)

No section of chapter 5321 requires a move-in inspection, checklist or photo record. Because the deposit may be applied to past-due rent and to damages from the tenant's noncompliance with 5321.05 or the rental agreement, a dated record of the unit's condition at move-in is useful evidence if a deduction is disputed.

Ohio Rev. Code ch. 5321 Ohio Rev. Code § 5321.16(B)

No section of chapter 5321 sets a late-fee amount, cap or grace period, so the late fee is what the rental agreement says. A lease may include any rent term that is not inconsistent with chapter 5321 or other law. If a court finds a lease term was unconscionable when it was made, it may refuse to enforce the lease, enforce the rest of the lease without that term, or limit the term, after giving the parties a reasonable opportunity to present evidence.

Ohio Rev. Code ch. 5321 Ohio Rev. Code § 5321.06 Ohio Rev. Code § 5321.14

No section of chapter 5321 sets a fee for a returned check or electronic payment, so the rental agreement governs it, subject to a court's power to refuse an unconscionable term. Ohio's check collection charge section addresses a collection agency designated to collect a dishonored check or other negotiable instrument: the agency may charge up to $30 or 10 percent of the face amount, whichever is greater, plus any charge a financial institution imposed on the holder. It does not address a fee a landlord charges directly.

Ohio Rev. Code ch. 5321 Ohio Rev. Code § 1319.16 Ohio Rev. Code § 5321.14

Rent increases

Not set by statute

No section of chapter 5321 sets a notice period or a limit for rent increases, and counties, townships, cities and other political subdivisions may not impose rent control or rent stabilization. During a fixed term, the rental agreement governs the rent. For a month-to-month tenancy, the only notice period in chapter 5321 is the one for ending or not renewing the tenancy: at least 30 days before the periodic rental date.

Ohio Rev. Code ch. 5321 Ohio Rev. Code § 5321.06 Ohio Rev. Code § 5321.19

Except in an emergency or where it is impracticable, give the tenant reasonable notice of your intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be reasonable notice unless evidence shows otherwise. The tenant may not unreasonably withhold consent for you to enter to inspect, make ordinary, necessary or agreed repairs, decorations, alterations or improvements, deliver parcels too large for the tenant's mail facilities, supply necessary or agreed services, or show the unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.

Ohio Rev. Code § 5321.04(A)(8) Ohio Rev. Code § 5321.05(B) Ohio Rev. Code § 5321.04(B)

A landlord who is a party to a rental agreement must comply with the building, housing, health and safety codes that materially affect health and safety; make all repairs and do whatever is reasonably necessary to put and keep the premises fit and habitable; keep common areas safe and sanitary; keep in good and safe working order the electrical, plumbing, sanitary, heating, ventilating and air conditioning fixtures and appliances, and elevators, that you supply or are required to supply; and supply running water, reasonable amounts of hot water and reasonable heat at all times.

Ohio Rev. Code § 5321.04 Ohio Rev. Code § 5321.05 Ohio Rev. Code § 5321.13

If you fail to meet a 5321.04 duty other than division (A)(9), or an obligation in the rental agreement, if the tenant reasonably believes you have, or if a government agency has found a code violation that could materially affect health and safety, the tenant may give you written notice specifying the problem, sent to the person or place where rent is normally paid. If you do not remedy the condition within a reasonable time considering its severity and the time needed, or within 30 days, whichever is sooner, and the tenant is current in rent, the tenant may deposit rent with the clerk of the municipal or county court, ask that court to order the condition remedied, or end the rental agreement. Chapter 5321 does not let a tenant repair and deduct on the tenant's own.

Ohio Rev. Code § 5321.07 Ohio Rev. Code § 5321.08 Ohio Rev. Code § 5321.09 Ohio Rev. Code § 5321.10

No section of chapter 5321 requires particular locks or security devices, or rekeying between tenants. The general duties still apply: comply with the building, housing, health and safety codes that materially affect health and safety, and keep the premises fit and habitable. Those state and local codes were not read for this page, so check the ones that apply to the property.

Ohio Rev. Code ch. 5321 Ohio Rev. Code § 5321.04(A)(1) Ohio Rev. Code § 5321.04(A)(2)

Chapter 5321 has no smoke alarm or carbon monoxide alarm section. It requires you to comply with the building, housing, health and safety codes that materially affect health and safety; those state and local codes were not read for this page, so check the ones that apply to the property.

Ohio Rev. Code ch. 5321 Ohio Rev. Code § 5321.04(A)(1)

You may not retaliate against a tenant by increasing the rent, decreasing services due to the tenant, or bringing or threatening to bring an eviction because the tenant complained to an appropriate government agency about a building, housing, health or safety code violation that materially affects health and safety, complained to you about a violation of your 5321.04 duties, or joined with other tenants to negotiate or deal collectively with you on the terms of a rental agreement. Section 5321.02 sets no time window or presumption.

Ohio Rev. Code § 5321.02 Ohio Rev. Code § 5321.03

To recover possession, you may not terminate utilities or services, exclude the tenant from the premises, or threaten any unlawful act against the tenant, even after the tenant's right to possession has ended; possession is recovered only through the procedures in chapters 1923, 5303 and 5321. You also may not seize a tenant's furnishings or possessions to recover rent except under a court order. A landlord who violates these rules is liable for all damages caused to the tenant, together with reasonable attorney's fees.

Ohio Rev. Code § 5321.15

Either you or the tenant may end or decline to renew a month-to-month tenancy by notice given at least 30 days before the periodic rental date, and a week-to-week tenancy by notice given at least seven days before the termination date the notice states.

Ohio Rev. Code § 5321.17

Chapter 5321 gives a tenant no general right to end a fixed-term lease early, and no right tied to domestic violence. A tenant may end the rental agreement after certain landlord failures: unlawful or harassing entry, a condition left unremedied under the rent deposit remedy, and retaliation. Chapter 5321 also requires landlords to comply with the rights of tenants under the federal Servicemembers Civil Relief Act; that federal law was not read for this page.

Ohio Rev. Code § 5321.04(B) Ohio Rev. Code § 5321.07(B) Ohio Rev. Code § 5321.02(B) Ohio Rev. Code § 5321.04(A)(10)

Before filing an eviction for unpaid rent, notify the tenant to leave the premises at least three days before filing, by certified mail with return receipt requested, by handing a written copy to the tenant in person, or by leaving it at the tenant's usual place of abode or at the premises. Every notice a landlord gives to recover residential premises must contain this language, printed or written in a conspicuous manner: "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."

Ohio Rev. Code § 1923.04(A) Ohio Rev. Code § 1923.02(A)(9)

If a tenant fails to meet a duty under 5321.05 that materially affects health and safety, other than the drug provision, you may deliver a written notice specifying the act or omission and stating that the rental agreement will end on a date the notice names, at least 30 days after the tenant receives it; if the tenant does not remedy the condition, the agreement ends on that date. That notice must come before an eviction on that ground. For a breach of an obligation in a written rental agreement, chapter 1923 allows an eviction after the three-day notice to leave and sets no cure period.

Ohio Rev. Code § 5321.11 Ohio Rev. Code § 1923.02(A)(8) Ohio Rev. Code § 1923.02(A)(9) Ohio Rev. Code § 1923.04(A)

An eviction, called forcible entry and detainer in Ohio, is heard by a municipal court, county court or court of common pleas with jurisdiction where the property is located, must be brought within two years after the cause of action accrues, and follows the three-day notice to leave. The summons must be served at least seven days before the trial, and the hearing on possession cannot be sooner than the seventh day after service is complete. The court decides possession and may try claims for past-due rent and other damages at the same trial. The tenant's answer day on money claims filed with the possession claim is 28 days after service is complete, and the court may continue the trial on those claims for good cause, which includes the tenant's request to file an answer or counterclaim or for discovery.

Ohio Rev. Code § 1923.01 Ohio Rev. Code § 1923.04 Ohio Rev. Code § 1923.06 Ohio Rev. Code § 1923.06(H)(2) Ohio Rev. Code § 1923.081 Ohio Rev. Code § 1923.14

No section of chapter 5321 or chapter 1923 sets a notice, storage period or sale procedure for belongings a tenant leaves in a rented apartment or house; the removal and sale procedures in chapter 1923 are for manufactured homes, mobile homes and recreational vehicles in a manufactured home park. Chapter 5321 does bar seizing a tenant's furnishings or possessions to recover rent, even after the right to possession has ended, except under a court order.

Ohio Rev. Code § 5321.15(B) Ohio Rev. Code ch. 5321 Ohio Rev. Code ch. 1923

Every municipal and county court has a small claims division for civil claims for money only, up to $6,000 not counting interest and costs. A lawyer is allowed but not required, filing waives your right to a jury trial, and the trial is set 15 to 40 days after you file.

Ohio Rev. Code § 1925.01 Ohio Rev. Code § 1925.02 Ohio Rev. Code § 1925.04

No oral or written agreement can modify or waive any provision of chapter 5321, except that you may agree to take on a tenant duty under 5321.05 other than the drug provision. Ohio does not recognize, in any rental agreement or other landlord-tenant agreement, a warrant of attorney to confess judgment for rent or damages, an agreement to pay the landlord's or the tenant's attorney's fees, or a tenant's agreement to excuse or limit the landlord's legal liability or to indemnify the landlord for it. A court may also refuse to enforce a term it finds was unconscionable when made.

Ohio Rev. Code § 5321.13 Ohio Rev. Code § 5321.14

Tenant screening and consumer reports

Partly read

Start with lawful criteria for the actual rental and confirm the report belongs to the applicant. A screening score or recommendation does not establish that every underlying item is accurate or permitted for use. Federal consumer-report duties apply alongside Ohio fair-housing rules and any additional local or program requirements.

CFPB: rental denial and screening reports CFPB: review a rental background check

Preparing your first Ohio rental

Partly read

Prepare the home, rental documents and management records before move-in. Check requirements for the property’s address, use lawful screening criteria, and organize payments, repairs and notices around the detailed Ohio topics in this guide.

Ohio Rev. Code § 5321.18

No county, township, city or other political subdivision may enact, keep or enforce a measure that imposes rent control or rent stabilization on private residential rentals, that conflicts with chapter 5321, or that regulates the rights and obligations of parties to a rental agreement that chapter 5321 regulates. Local housing, building, health and safety codes are not preempted.

Ohio Rev. Code § 5321.19 Ohio Rev. Code § 5321.20 Ohio Rev. Code § 5321.01(O)