Whether you manage a single-family home in Cincinnati or rent an apartment in Columbus, you should know the ins and outs of Ohio landlord-tenant law. Understanding these laws helps guarantee you know security deposit rules, entry notices, and repair requests.
Of course, both landlords and tenants can benefit from learning about the Buckeye State’s specific legislation. Read on to discover everything you need to know about rent control, Ohio tenants’ rights, and more.
Key Findings: Landlord-Tenant Rights & Responsibilities
Landlords and tenants in Ohio possess certain rights and responsibilities. These govern the landlord-tenant relationship and prevent unnecessary disputes. We’ve outlined some key points below.
Ohio landlords have the right to:
- Charge a rental application fee to cover tenant screenings
- Charge rent and assess late fees for delayed rent payments
- Charge a security deposit to cover damages and unpaid rent
- Enter the dwelling unit with reasonable notice
- Evict tenants who do not pay rent or who violate the terms of the lease
Ohio landlords are responsible for:
- Ensuring safe, habitable housing that adheres to health and safety ordinances
- Maintaining provided amenities in good working order
- Keeping common areas safe and sanitary
- Providing reasonable notice to tenants before entering dwelling units
- Adhering to the terms of the lease or rental agreement
Ohio tenants have the right to:
- Safe, habitable housing per health and safety ordinances
- Receive reasonable notification before the landlord enters the dwelling unit
- Place rent in escrow if a landlord fails to make requested repairs within a reasonable time period
- Complain to a government agency if they feel a landlord has violated their tenant rights
- A formal eviction process before removal from the property
Ohio tenants are responsible for:
- Paying rent in full and on time
- Maintaining the dwelling unit and amenities in clean, usable condition
- Not disturbing neighbors’ peaceful use of the premises
- Allowing landlords entry to the property
- Adhering to the terms of the lease or rental agreement
Best Practices for Screening Prospective Tenants
Landlords should always thoroughly screen tenants to avoid any unpleasant surprises. To initiate a screening, landlords in Ohio may charge a rental application fee in any amount deemed necessary and must obtain a signed consent form.
Per Ohio law, landlords cannot deny a tenant occupancy based solely on criminal history. Landlords must first demonstrate that the tenant poses a threat to others.
Regarding credit history, landlords in Ohio may set a minimum credit score to rent but must notify tenants of denial due to a low credit score under the federal Fair Credit Reporting Act.
To screen prospective tenants, try TurboTenant’s Tenant Screening, which includes criminal, credit, and eviction checks.
Compliance with Fair Housing Laws in Ohio
Federal fair housing laws apply across all 50 states, prohibiting landlords from discriminating against potential tenants on the basis of race, gender identity, disability, and more. Ohio has also enacted statewide fair housing laws to prevent discrimination.
What actions are considered housing discrimination?
The most blatant act of housing discrimination is a refusal to rent to protected classes. For example, if a landlord will not rent to a transgender individual or a single mother solely based on these factors, they have committed housing discrimination.
However, housing discrimination may take many other forms. Rental advertisements using discriminatory language are also prohibited, as is discouraging applicants of a specific background. The Fair Housing Act (FHA) also prohibits landlords from screening tenants of a protected class differently than others.
How can discrimination be avoided in rental practices?
Landlords must screen, select, and apply lease terms to all tenants equally, regardless of factors like race, religion, and sex. Notably, discrimination based on disability is also prohibited, so landlords must make reasonable accommodations for disabled individuals.
Additionally, any staff must be trained on fair housing regulations, as landlords are held liable for discriminatory actions undertaken by their employees. Retain proof of this training so it may be presented in the future if needed.
What are the repercussions for fair housing violations?
Per Ohio Administrative Code Rule 4112-6-02, a landlord found to have committed housing discrimination will be subject to civil legal penalties, including damages of up to $50,000.
If a tenant accuses you of a fair housing violation, document proof to the contrary and contact an attorney for guidance. You may have to refute the claim in court.
Ohio Lease Agreements
In Ohio, rental agreements may be written or oral. Both are considered legally binding, and Ohio landlord-tenant law is implied in every rental agreement. However, we highly recommend written lease agreements to clarify the terms of the rental contract and ensure compliance.
Rental contracts may be executed on a week-to-week or month-to-month basis or as fixed-term contracts. Fixed-term leases expire on a certain date and must then be renewed, while month-to-month and week-to-week leases renew automatically until one of the parties terminates the agreement.
Which lease terms does Ohio legally require?
Under Section 5321.18 of Ohio landlord-tenant laws, all rental agreements must include the property owner’s name and address, as well as the agent’s name and address, if any. The agreement can contain any other terms, including the rental agreement’s duration and the rent payment amount.
What constitutes legal renting in Ohio?
All rental units in Ohio must comply with health and safety codes. Ohio tenants’ rights do not limit occupancy, but two people per bedroom is generally considered reasonable.
Landlords also may not include “unconscionable” clauses in the rental agreement, such as language that avoids legal responsibility for damages to tenants and tenants’ property due to negligence.
What tenant documentation is required?
To apply for a rental unit, tenants must provide personal information, such as a Social Security number and date of birth, as well as employment and financial information. Landlords may also require rental history and references.
Both landlords and tenants should make copies of rental agreements and other associated paperwork to maintain records of all transactions.
What are the mandatory landlord disclosures in Ohio?
In accordance with federal law and Ohio landlord-tenant law in 2024, landlords must disclose the presence of lead in a dwelling unit if the unit was built before 1978. Currently, there are no other mandatory landlord disclosures in Ohio.
If a landlord fails to disclose the known presence of lead, they may face civil penalties and fines of up to $21,018 from the Department of Housing and Urban Development. Landlords may also be subject to personal injury lawsuits from tenants.
Security Deposits in Ohio
Landlords charge security deposits to protect their properties from damage and unpaid rent. In this section, we’ll cover the basics of charging security deposits under Ohio landlord-tenant law.
What are the guidelines for security deposit collection?
As of 2024, Ohio laws do not specify a maximum amount for security deposits. Generally, a security deposit is equal to one or two months’ rent.
However, Ohio landlord-tenant law stipulates that any security deposit of more than $50 or a month’s rent will accrue interest of 5% per annum after being held by the landlord for six months or more. The landlord must pay this interest annually to the tenant.
To avoid disputes, landlords and tenants should complete a walk-through of the premises during move-in and move-out. Use a checklist to address any problem areas. This report will prevent tenants from being charged for damage they did not commit.
Per Ohio law, landlords must also provide tenants with the name and the address of the financial institution holding the security deposit.
When can deductions be made from security deposits?
Landlords may use a tenant’s security deposit to cover unpaid rent and damages that exceed normal wear and tear. If a landlord removes money from a security deposit, they must provide an itemized statement of these deductions per Ohio Revised Code Section 5321.16.
How should security deposits be returned?
Within 30 days of the tenant’s move-out date, the landlord must return all unused portions of the security deposit, plus any accrued interest, and an itemized statement detailing any charges against the deposit.
Landlords should clearly communicate any charges as they happen to prevent disputes. Tenants must also provide a reliable forwarding address to receive their funds, or they forfeit all rights to the deposit.
Maintenance Responsibilities of Landlords
Ohio tenant rights require landlords to maintain the property in safe, habitable condition per all applicable health and safety codes. Failure to do so could lead to civil penalties and fines.
What are the legal standards for property conditions?
All rental units must meet health and safety standards. This includes necessary repairs to keep the property safe and habitable.
Additionally, landlords are responsible for maintaining any appliances they supply, such as water heaters, ventilation, and electrical fixtures. Landlords must also provide running water, reasonable amounts of hot water, and reasonable heat.
What is the proper protocol for repairs?
Tenants may request that a landlord make property repairs. If the landlord does not comply within 30 days, Ohio tenants’ rights in 2024 allow tenants to place rent payments in escrow with local municipal courts. Rent escrow means tenants will pay rent to the court instead of the landlord until the landlord completes the repairs.
Landlords must complete emergency repairs that threaten the occupants’ health and safety in less than 30 days, though Ohio law does not specify an exact time frame.
Do landlords need to give tenants advance notice before accessing a rental property?
Ohio landlords must give tenants reasonable notice before entering to make repairs, inspect the property, or show it. Generally, 24 hours’ notice is considered reasonable. Landlords are not required to provide notice in emergencies.
If a landlord violates these terms, they may be forced to pay damages to the tenant. A tenant may also obtain an injunction barring the landlord from entering the dwelling unit further and/or terminating the lease.
Late Rent Fee Regulations
If a tenant pays rent late in Ohio, landlords may charge a late rent fee to the tenant. There is no grace period, so landlords may charge this fee as soon as the rent becomes overdue. Ohio also does not limit the amount a landlord may charge for late rent fees, though courts may not uphold unreasonable fees.
Rent Control in Ohio
Rent control refers to legal measures that place a strict cap on the amount by which landlords can raise rent, while rent stabilization allows for yearly, incremental rent increases.
As of 2024, Ohio has no rent control or rent stabilization laws, so landlords may raise rent by whatever amount deemed fit. However, landlords must provide notice, typically 30 days in advance, of the intention to increase rent.
Landlords may only raise rent after a lease term expires. This law also applies to month-to-month rental agreements.
Lease Renewal and Termination
While landlords cannot remove a tenant during the lease term without good cause, no law requires landlords to renew a lease upon its expiration. Generally, a landlord must provide 30 days’ notice of their intent not to renew a lease.
Tenants must also provide 30 days’ notice of their intent not to renew a lease. If a tenant wishes to terminate a lease before its expiry date, tenants may still need to pay rent for the duration of the original lease agreement. There are some exceptions, though. Tenants may break a lease for active-duty military service, unsafe living conditions, or if the landlord is harassing the tenant and/or violating their rights.
Landlords may break a lease to move into or sell the property. However, the rental agreement should detail these terms.
Eviction Procedures for Ohio Landlords
Eviction procedures look slightly different in every state, including Ohio. Though eviction is always a last resort, the process may become necessary in some instances.
What justifications exist for eviction?
Landlords in Ohio must have a legal reason to evict a tenant. The most common reasons for eviction in Ohio are non-payment of rent, violations of the lease terms, or conducting illegal activity on the property.
If a landlord determines that they need to evict a tenant, they must start the process by gathering evidence of all violations, which will help uphold the landlord’s case in court.
What is the eviction process?
To successfully evict a tenant in Ohio, landlords must take the following steps:
- Deliver a three-day notice to quit for illegal activity and non-payment of rent or a 30-day notice to cure or quit for lease violations
- If the tenant remains, file a forcible detainer lawsuit
- The court serves the tenant a summons
- The landlord and tenant both appear in court to present evidence and receive a judgment
- If the court issues a writ of execution to the landlord, the tenant gets 10 days to move out
- If the tenant remains after 10 days, the sheriff will forcibly remove the tenant
Per Ohio Revised Code Section 5321.15, self-help evictions are illegal in Ohio.
How is property reclaimed after eviction?
After the tenant leaves the premises, the landlord may then secure the property. However, if the tenant has left behind abandoned property, the landlord must permit the tenant to reclaim their belongings.
Landlords should allow 30 days for tenants to reclaim abandoned property. If the tenant does not reclaim their property by the end of that time period, landlords may dispose of it.
Local Ordinances for Landlords and Tenants
If you are still in doubt about Ohio landlord-tenant laws, visit the Ohio legislature’s official website to find more resources. The site includes many more details that may be useful to your case.
Remember, ordinances and laws also vary by city and county. To find specific measures regarding the area in which you live, visit Municode or Code Library.
Federal Landlord-Tenant Laws
State, city, and county laws are far from the only governing measures landlords and tenants must know. Federal laws such as the FHA, the Fair Credit Reporting Act, and the Americans with Disabilities Act also impact landlord-tenant laws nationwide.
For more federal housing resources, visit the Consumer Financial Protection Bureau or the Department of Housing and Urban Development.
Managing Tenant Legal Disputes as an Ohio Landlord
Despite your best efforts as a landlord, disputes with tenants may still arise. While you can settle many issues with a calm conversation, others could require more in-depth legal assistance.
Visit these websites to find legal resources in Ohio:
- Ohio Legal Help: Nonprofit providing civil legal information and an online Ohio tenants’ rights hotline
- Legal Aid of Southeast and Central Ohio: Provides civil legal aid to low-income Ohioans in Southeast and Central Ohio
- LegalShield: Connects clients with attorneys via affordable monthly plans
Navigate Your Landlord-Tenant Relationship with TurboTenant
If you need more help navigating Ohio tenant rights, look no further than TurboTenant’s free property management software. Our top features can help you:
- Find more leads with rental advertising
- Streamline operations with digital rental applications
- Rent with confidence using our thorough tenant background checks
- Quickly draft an airtight lease agreement
- Simplify the rent collection process
Sign up for a free account today to learn about everything TurboTenant has to offer. Our software will save you valuable time and allow you to stay compliant with Ohio landlord-tenant laws.
Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.
Ohio Landlord-Tenant Law FAQ
What are landlords required to provide by law?
Ohio landlords must provide safe, habitable housing to all tenants without discrimination. This includes adhering to the lease terms and any applicable building, health, or safety codes.
Additional amenities, such as heating or water, may not be required by law but may be customary and expected of landlords based on local markets.
What is the proper notice period for lease termination?
Three days’ notice is issued for illegal activity or non-payment of rent, while landlords must give 30 days’ notice to cure or quit for other lease violations. 30 days’ notice must also be issued for a no-fault eviction.
If the lease is expiring, landlords and tenants should provide 30 days’ notice of their intent not to renew the lease. If the lease is week-to-week, the notice period may be just 7 days.
How should utilities be handled in rental agreements?
Landlords or tenants may be responsible for paying utilities, but this responsibility must be clarified in the lease agreement. If disputes arise over utility payments, court action may be required, which could prove costly for both parties.
What maintenance rights do tenants have?
Tenants have the right to request repairs from their landlords. If the repairs are not completed within 30 days, tenants may place future rent payments in escrow. Repairs for emergency reasons must be completed in less than 30 days.
What are the eviction rules for tenants without a lease?
Ohio tenant rights still exist for tenants without a lease. That said, landlords in Ohio may evict a tenant without a lease without cause. 30 days’ notice must still be provided.
How are guests and tenants legally differentiated?
Guests are not entitled to Ohio tenants’ rights, but they also do not have to pay rent or adhere to the lease. Tenants, on the other hand, gain rights in exchange for paying rent and abiding by lease terms.
Ohio law allows up to 30 days of stay before a guest is legally considered a tenant. At this point, landlords should add the new tenant to the lease to prevent future disputes.