Understanding Ohio tenant-landlord laws is crucial for every landlord to ensure they comply with legal requirements and foster a positive relationship with tenants. I share this as a broad overview from my 35+ years of experience as a landlord and real estate investor. However, I am not an attorney. Before taking any actions or creating a lease, you should consult a qualified licensed attorney. Here are key aspects every landlord in Ohio should know.
1. Lease and Rental Agreements
- Written Lease Requirement: Always use written leases to avoid disputes.
- Required Disclosures: Landlords must provide tenants with certain information, such as the identity and address of the owner and the person responsible for managing the property.
2. Security Deposits
- Limit: Ohio law does not specify a limit on the amount a landlord can charge for a security deposit.
- Return: The deposit must be returned within 30 days after the tenant moves out, minus any deductions for damages or unpaid rent.
- Itemized List: If deductions are made, an itemized list of damages and their costs must be provided to the tenant.
- Interest: Ohio requires interest to be paid if the security deposit exceeds one-month rent.
- For more information, go here.
3. Rent
- Due Date: Rent is typically due on the date specified in the lease agreement.
- Late Fees: Ohio law does not specify a maximum late fee, but fees must be “reasonable” and clearly stated in the lease. Nor does Ohio law require a minimum “grace period” before late fees can be charged.
- Increase in Rent: For month-to-month tenancies, landlords must give at least a 30-day notice before increasing the rent.
4. Maintenance and Repairs
- Habitability: Landlords must maintain the property in a habitable condition, complying with all health and safety codes.
- Prompt Repairs: Landlords are required to make necessary repairs promptly after being notified by the tenant.
- Common Areas: Landlords must keep common areas safe and clean.
- For more information, go here.
5. Tenant Rights and Responsibilities
- Right to Privacy: Landlords must give at least 24 hours’ notice before entering the rental unit, except in emergencies.
- Payment of Rent: Tenants must pay rent on time and keep the property in a clean and safe condition. There is no required “grace period” for late payments.
- Use of Property: Tenants must use the property for its intended purpose and not engage in illegal activities. Further limits, such as the names and number of occupants, can be added to the lease.
- For more information, go here.
6. Termination of Lease
- Notice Requirements: For month-to-month tenancies, either party must give a 30-day notice to terminate the lease. Fixed-term leases automatically end on the specified date unless renewed.
- Eviction Process: Landlords must follow Ohio’s legal eviction process, which includes giving proper notice (a 3-day notice to vacate, posted on the front door) and filing an eviction lawsuit if the tenant does not comply within three days.
7. Eviction Laws
- Reasons for Eviction: Non-payment of rent, violation of lease terms, or illegal activities.
- Notice Period: Landlords must provide a 3-day notice to vacate before filing an eviction action.
- Court Proceedings: Eviction cases are handled in municipal or county court, and a judgment in favor of the landlord can lead to the tenant being forcibly removed by law enforcement.
8. Retaliation
- Prohibition: Landlords cannot retaliate against tenants for complaining to a governmental agency about a health or safety violation, joining a tenant’s union, or exercising other legal rights.
9. Fair Housing
- Anti-Discrimination Laws: Landlords must comply with federal and state fair housing laws, which prohibit discrimination based on race, color, religion, sex, national origin, disability, and familial status.
10. Pets, Emotional Support Animals, and Service Animals
- Emotional support animals (ESA) and service animals: A “No Pet” policy cannot be applied to tenants with an emotional support pet (per the Fair Housing Act), or service animals trained to do work or perform tasks to mitigate their handlers’ disabilities (per the Americans with Disabilities Act). However, landlords are allowed to require proper documentation for a service or ESA.
- Landlord Limitations: Landlords are not allowed to ask about the tenant’s disability, require the animal to have specific training, or charge any fees, additional rent, or security deposit.
- Fees: Landlords can collect additional fees to specifically mitigate any damage the animals may cause.
- Deposits: Other than service animals and ESA’s, landlords can deny any tenant with any type of per, or require any additional fees they feel appropriate.
Understanding these basics will help Ohio landlords manage their properties effectively and avoid legal issues. For more detailed information, landlords can refer to the Ohio Revised Code (ORC) and consult with a legal professional.
**Disclaimer: This information does not constitute legal advice. It is for informational purposes only. I am not an attorney and the use of this information does not create an attorney-client relationship.
For more renter/landlord information, go here.
Kyle Alfriend has been investing in real estate for over 35 years, assisting over 3,000 clients in buying, selling, or investing in real estate.
For more tips on buying, selling, or investing, or for a personal consultation, contact Kyle Alfriend, (614) 395-1776, or info@AlfriendGroup.com. Or go to our website, AlfriendGroup.com