Key Takeaways
- Compliance is Key: Successful landlording in Ohio hinges on understanding and adhering to Chapter 5321 of the state’s statutes, which outlines the rights and responsibilities of both landlords and tenants.
- Crucial Disclosures & Protections: Landlords must disclose lead-based paint presence (for pre-1978 units) and property owner/manager details. Tenants are protected by specific rights, including habitable living conditions, a just eviction process, and protection against housing discrimination under the Ohio Fair Housing Act.
- No Rent Control, Strict Deposit/Entry Rules: Ohio does not have rent control, allowing landlords to set rent prices, but there are strict rules regarding security deposit returns (within 30 days, with potential interest) and landlord entry (requiring 24-hour notice for non-emergencies during normal business hours).
All successful landlords share one thing in common: they stay legally compliant with all the applicable federal, state, and local laws. In Ohio, the state landlord-tenant law is enshrined under Chapter 5321 of the state’s statutes, known as the Ohio Landlord-Tenant Act.
Essentially, this Ohio Landlord-Tenant Act outlines the rights and responsibilities of each party in a landlord-tenant relationship. These rights and responsibilities automatically take effect after any of the following conditions are met:
- There is a written lease or rental agreement.
- A verbal agreement exists.
- The landlord accepts a payment as rent.
Understanding the basics of the Ohio landlord-tenant laws is key to a smooth landlording experience. With that in mind, Doorvest Cleveland will guide you through what to know regarding the basics of Ohio landlord-tenant law.
Required Landlord Disclosures in Ohio
Most states require landlords to disclose certain information to their tenants. Under Ohio lanlord-tenant law, you must let tenants know of the following two things before allowing them to start their tenancy.
First, you must inform them about the presence of lead-based paint in the home. This is especially required of landlords renting out units built before 1978.
Additionally, you must provide the tenant with the names and addresses of both the property owner and the property manager (if applicable). If an Ohio landlord fails to disclose anything mentioned above, they may find themselves facing legal trouble.
Ohio Tenant Rights & Responsibilities
The following are the basic rights tenants have under Ohio landlord-tenant law. A right to:
- Live in a habitable residential property and have essential repairs done within a “reasonable time” after requesting them from the landlord.
- A just eviction process that is free from self-help methods, or borne as a retaliatory tactic, or any of the tenant’s protected classes.
- The return of the security deposit, less any allowable deductions.
- Terminate the lease, as long as all the requirements for breaking it have been met. For instance, after serving the proper advance notice.
- Live without being discriminated against based on certain protected classes as per the Fair Housing law.
- Receive an advance notice of at least 24 hours before allowing the landlord to enter for things like inspections and maintenance.
- Receive the two aforementioned disclosures before signing the lease agreement and moving in.
When it comes to obligations, they include the following for Ohio tenants.
- Keep the premises clean and sanitary.
- Use the provided fixtures reasonably and only for their intended purposes.
- Make the required repairs and maintenance as per the lease.
- Report issues on time.
- Allow the landlord entry.
- Not cause negligent damage to the property.
- Do not disrupt the peace of the neighborhood.
- Provide the required written notice before ending a periodic tenancy, such as a month-to-month lease.
- Make rent payments on time according to the lease agreement.
Ohio Landlord Rights & Responsibilities
Under Ohio landlord-tenant law, landlords enjoy the following rights after establishing a lease with a tenant. A right to:
- Evict a tenant from their rented premises for violating a term of the lease or rental agreement, such as failing to make rent payments, with proper notice and, if necessary, in court.
- Withhold part or all of the security deposit for things like unpaid rent, late fees, or damage exceeding normal wear and tear.
- Terminate the lease of a tenant who pays rent periodically after serving the proper advance notice.
- Legally require a tenant who breaks their lease early is required to pay all the remaining rent.
- Raise rent by any amount, and as often as you choose, as there is no rent control law in Ohio.
- Enter rented premises for legitimate reasons, such as inspections, repairs, and maintenance.
- Charge a reasonable fee for any rent paid late.
As for the obligations, they include the following under Chapter 5321 of the state’s revised code.
- Provide a habitable home that is up to code in terms of safety, health, structural integrity, and properly functioning electrical and plumbing fixtures.
- Follow the state’s eviction process when removing a tenant for violating a term of the lease, such as failing to pay rent on time or violating a term of the lease, which may involve court proceedings with the guidance of an attorney.
- Return the tenant’s deposit within 30 days after moving out. Any deductions made must also be reasonable.
- Provide the proper advance notice before terminating a periodic tenancy agreement.
- Make a reasonable effort to re-rent the unit after the original tenant breaks their lease unjustifiably. And if successful, only hold the tenant accountable for paying rent for the duration the unit was vacant.
- Treats tenants fairly as per the state’s anti-discriminatory laws.
- Only enter for justified reasons and after providing the tenant with an advance 24-hour notice.
- Resolve disputes or disagreements in court if informal resolution fails, preferably with an attorney experienced in landlord-tenant law.
- Complete all requested repairs promptly and ensure that any subsequent repairs needed as a result of issues discovered are addressed within a reasonable time to maintain a safe and habitable property.
An Overview of the Landlord-Tenant Laws in Ohio
Tenant Privacy
Just like their counterparts elsewhere in the country, landlords in Ohio have the right to enter a rened premises after meeting certain conditions.
One, you must have a legitimate reason for entering their rented premises. Examples include: inspections, property showings, maintenance, repairs, and when delivering packages.
Two, you must provide the tenant with a 24-hour advance notice before setting foot on the rental property. The only exception to this is if you’re responding to an emergency.
And three, the access must be during normal business hours. Ideally, between 8 AM and 5 PM during weekdays and between 9 AM and 3 PM during the weekends.
Housing Discrimination
The Fair Housing Act in Ohio prohibits discrimination in housing based on certain protected classes. The classes include: race, military status, color, nationality, religion, sex, disability, and familial status.
This discrimination law in Ohio is administered and enforced by the state’s Civil Rights Commission, and violations may result in legal action through court.
Rent Increases
In Ohio, there is no rent control law. Also, state law bans local jurisdictions from enacting their rent control laws.
Because of this, landlords in Ohio can raise the rent by any amount and as frequently as they choose. The only requirement is that the raise not be occasioned by things like a tenant’s protected class or be borne from retaliation.
Bottom Line
Having a firm understanding of Ohio landlord-tenant law is a key recipe for landlording success. This will ensure you stay not only compliant but also set you up for a smooth landlording experience.
If you have specific questions or need expert services from a qualified property manager, look no further than Doorvest Cleveland. We have over 50 years of industry experience and can help maximize returns on your investment. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.