This section defines key terms: 'Tenant' means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others. 'Landlord' means the owner, lessor, or sublessor of residential premises, or any authorized agent. 'Residential premises' means a dwelling unit for residential use and occupancy including the structure, facilities, appurtenances, and grounds. 'Security deposit' means any deposit of money or property to secure tenant performance. 'Rental agreement' means any agreement, written or oral, establishing terms of use and occupancy. 'Student tenant' means a person occupying college/university housing with rental agreement contingent on student status.
A landlord may not retaliate against a tenant by increasing rent, decreasing services, or bringing or threatening eviction because: (1) the tenant complained to a governmental agency about a code violation materially affecting health and safety; (2) the tenant complained to the landlord about violations of § 5321.04; (3) the tenant joined with other tenants for collective negotiation with the landlord.
A landlord shall: (1) comply with all applicable building, housing, health, and safety codes materially affecting health and safety; (2) make all repairs necessary to keep premises fit and habitable; (3) keep common areas safe and sanitary; (4) maintain electrical, plumbing, sanitary, heating, ventilating, AC fixtures and appliances, and elevators in good working order; (5) for 4+ units in same structure, provide waste receptacles and arrange removal; (6) supply running water, hot water, and heat (with exceptions); (7) not abuse right of entry; (8) give reasonable notice before entry (24 hours presumed reasonable); (9) promptly commence eviction for drug violations; (10) comply with Servicemembers Civil Relief Act.
A tenant shall: (1) keep occupied premises safe and sanitary; (2) dispose of all waste properly; (3) keep plumbing fixtures clean; (4) use electrical and plumbing fixtures properly; (5) comply with all applicable housing, health, and safety codes; (6) not damage or remove any fixture or appliance; (7) maintain appliances per written rental agreement; (8) conduct himself and require others on premises to not disturb neighbors' peaceful enjoyment; (9) not engage in drug violations under Chapters 2925 or 3719. Tenant shall not unreasonably withhold consent for landlord to enter for inspection, repairs, deliveries, services, or showings.
If landlord fails to fulfill obligations under § 5321.04 (except drug enforcement), tenant may give written notice specifying the noncompliance. Notice sent to where rent is normally paid. If landlord fails to remedy within reasonable time considering severity or within 30 days (whichever is sooner), and tenant is current in rent, tenant may: (1) deposit all rent due and thereafter with clerk of municipal or county court; (2) apply to court for order directing landlord to remedy, with possible rent reduction or use of escrowed rent for repairs; (3) terminate the rental agreement.
If the tenant fails to fulfill any obligation under § 5321.05 that materially affects health and safety (other than drug violations), the landlord may deliver written notice specifying the noncompliance and stating the rental agreement will terminate on a date not less than 30 days after receipt of notice. If the tenant fails to remedy the condition, the agreement terminates as stated in the notice.
No provision of Chapter 5321 may be waived except landlord may agree to assume tenant obligations (other than drug-free requirement). PROHIBITED: (A) Confession of judgment clauses (warrant of attorney); (B) Attorney's fees clauses for either party; (C) Exculpatory or indemnification clauses limiting landlord liability; (D) Any agreement permitting receipt of rent without compliance with § 5321.04 landlord obligations. Landlord MAY assume tenant obligations under § 5321.05 except the drug-free requirement.
If the court finds a rental agreement or any clause unconscionable at the time it was made, the court may: refuse to enforce the agreement; enforce the remainder without the unconscionable clause; or limit application of any unconscionable clause to avoid unconscionable result. Parties shall be afforded reasonable opportunity to present evidence as to setting, purpose, and effect.
No landlord shall initiate ANY act against a tenant (including one whose right to possession has terminated) for purpose of recovering possession other than through Chapters 1923, 5303, and 5321, including: termination of utilities or services; exclusion from premises (lockouts); threat of any unlawful act. No landlord shall seize furnishings or possessions for recovering rent except by court order. Violating landlord is liable for ALL damages caused to tenant plus reasonable attorney's fees.
(A) Security deposit exceeding $50 or one month's rent (whichever greater) shall bear 5% annual interest on the excess if tenant remains in possession 6+ months, paid annually. (B) Upon termination, deposit may be applied to past due rent and damages from tenant noncompliance with § 5321.05 or rental agreement. Deductions must be ITEMIZED in writing and delivered within 30 DAYS after termination and delivery of possession. (C) Tenant MUST provide forwarding address in writing — failure to do so forfeits right to damages and attorney's fees. If landlord fails to comply, tenant may recover amount due plus damages equal to amount wrongfully withheld plus reasonable attorney's fees.
(A) Week-to-week tenancy: either party may terminate with at least 7 days' notice prior to termination date. (B) Month-to-month tenancy: either party may terminate with at least 30 days' notice prior to the periodic rental date. (C) Drug violation: landlord shall terminate with 3 days' notice that tenancy terminates 3 days after notice; if tenant fails to vacate, landlord must promptly file eviction. (D) Does not apply to termination for breach of condition or duty (except drug violations).
Every written rental agreement SHALL contain: name and address of the owner; name and address of the owner's agent, if any. If owner or agent is a corporation, partnership, trust, or other entity, include the principal place of business in the county (or in the state if none in county) and the name of the person in charge. For ORAL agreements, landlord must deliver written notice with this information at commencement of occupancy. Failure to provide this information WAIVES the notice requirements under §§ 5321.07 and 5321.08.
No political subdivision may enact, adopt, renew, maintain, or enforce any charter provision, ordinance, resolution, rule, or other measure that conflicts with Chapter 5321 or that regulates landlord-tenant rights regulated by this chapter, including rent control or rent stabilization. Exceptions: housing/building/health/safety codes; publicly owned/operated housing; voluntary incentive programs to increase housing supply.
Any judge of a county court, municipal court, or court of common pleas, within proper jurisdiction, may inquire about persons making unlawful and forcible entry into lands or tenements and detaining them, or making lawful entry but holding unlawfully by force. Actions must be brought within 2 YEARS after cause of action accrues. Defines: tenant, landlord, resident, residential premises, rental agreement, controlled substance, school premises, manufactured home park, park operator, minor tenant.
Eviction may be brought against: (1) tenants holding over after term expires; (2) tenants under oral tenancy in default of rent; (3) judgment debtors in possession after execution sale; (4) parties after estate sales or partition; (5) occupiers without color of title where complainant has right of possession; (6) unlawful forcible detention including drug-related violations; (7) cases under land installment contracts (Ch. 5313); (8) tenants who breached health/safety obligations (after § 5321.11 notice); (9) tenants who breached written rental agreement; (10-12) manufactured home park residents in default or breach; (13) self-storage occupants; (14-15) sex offenders or tenants allowing sex offenders within 1000 feet of schools/childcare.
Before commencing eviction action, landlord must notify tenant to leave premises at least 3 DAYS before filing, by: certified mail, return receipt requested; hand delivery of written notice in person; or leaving at defendant's usual place of abode or at the premises. Notice to recover residential premises MUST contain: '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.'
Summons shall not issue until plaintiff files written complaint particularly describing the premises and setting forth unlawful and forcible entry/detention or unlawful detention after lawful entry. The complaint is copied into and made part of the record. NO MINOR TENANT may be listed as defendant if a parent or adult guardian is also listed on the same complaint. Court shall dismiss action listing minor as defendant when adult available and order plaintiff to pay minor's attorney fees.
Service must be at least 7 DAYS before trial date. Summons to recover residential premises must state: eviction complaint filed; no one may be evicted in retaliation for exercising lawful rights; tenant may continue depositing rent with court; tenant may request jury trial; tenant has right to seek legal assistance and may contact legal aid. Service methods: ordinary mail to defendant's address PLUS one of: personal service at premises, leaving with person of suitable age at premises, or posting conspicuously on premises; OR certified mail return receipt requested. Answer day for other claims is 28 days from service.
For drug-based evictions under § 1923.02(A)(6): summons served within 3 WORKING DAYS if possible; trial set NOT LATER than 30 DAYS after service; tenant NOT required to file answer (defenses presented at trial); NO CONTINUANCES permitted under § 1923.08; if tenant doesn't appear and properly served, court tries case under § 1923.07.
Any defense may be asserted at trial. In nonpayment actions where tenant is in possession, tenant may counterclaim for amounts recoverable under rental agreement or under Chapters 4781 (manufactured homes) or 5321. Court may order tenant to pay rent into court during case. After trial, party owed net judgment paid first from money in court. If no rent remains due after counterclaim applied, judgment entered for tenant in the possession action.
For tenant deployed on active duty whose ability to pay rent is materially affected, court may: stay proceedings for 90 days (or longer/shorter as justice requires); or adjust rental obligations to preserve interests of all parties. Court may grant landlord such equitable relief as required. Does NOT apply to landlords operating fewer than 4 residential premises.
If defendant does not appear and summons was properly served, the court shall try the cause as though defendant were present.
No continuance shall be granted for a period longer than 8 DAYS unless: plaintiff applies for continuance and defendant consents; OR defendant applies and gives bond with good and sufficient surety, approved by court, conditioned for payment of rent that may accrue if judgment rendered against defendant.
If a jury is demanded by either party, the jury shall be sworn to try and determine whether the complaint is true according to the evidence. General verdict against defendant if complaint true; for defendant if not true; or verdict stating facts found true if complaint partially true. In county court, party demanding jury must first deposit sufficient money for jury fee.
Upon judgment of restitution, court issues writ of execution commanding officer to remove defendant and restore plaintiff to possession, and to levy costs. For manufactured home park evictions, writ includes authority for 14-day removal notice, county auditor valuation, and sale/destruction/title transfer based on home value (over/under $3,000 threshold).
Writ shall be executed within 10 DAYS by sheriff, police officer, constable, or bailiff restoring plaintiff to possession and collecting costs. Stay of execution requires appeal filing AND bond with court. For manufactured homes: park operator not liable for removal/storage damage absent malice or bad faith; homes valued over $3,000 sold at auction within 60 days under Chapter 2329 procedures; homes valued $3,000 or less have title transferred to landlord within 30 days. Owner may redeem before sale by paying all costs, taxes, and court costs.
No tenant of residential premises within 1,000 feet of school premises, preschool, child care center, children's crisis care facility, or residential infant care center shall allow any person to occupy if that person's name appears on sex offender registry and was convicted of sexually oriented or child-victim oriented offense. If tenant allows such occupancy or person establishes residence in violation, landlord MAY terminate rental agreement. If landlord chooses not to terminate, landlord is NOT liable for resulting damages.
No landlord shall prohibit display of: U.S. flag or POW/MIA flag (if displayed per 4 U.S.C. 5-10 and federal law); Ohio state flag (per state law); service flags for military family members (blue star, gold star banners). Tenant must give reasonable notice before installing flag pole or bracket and discuss placement, cost, installation, lighting, and appropriate size. Violation of this section is unconscionable term under § 5321.14. Tenant remains responsible to return premises in same condition at lease termination.
Ohio has NO STATUTORY CAP on late fees for residential rentals. Late fees must be: reasonable (courts typically accept 5-10% of monthly rent); clearly stated in the lease agreement; not constitute a penalty (must reflect actual landlord damages). Ohio does NOT require a grace period by state law — landlord may charge late fees immediately after due date if lease permits. Industry practice is typically 3-5 day grace period. Daily compounding fees are generally NOT upheld as reasonable by Ohio courts.
Ohio has NO comprehensive state statute specifically governing abandoned tenant property. Best practices: (1) Complete formal eviction process to avoid self-help liability under § 5321.15; (2) Document all property left behind with written inventory and photographs; (3) Store property for at least 30 days (common practice); (4) Send written notice to tenant's last known address before disposal; (5) After notice period expires, property may be disposed of or sold; (6) Include abandonment procedures in lease agreement. Courts have held that lease clauses defining abandonment conditions provide some protection but are not absolute.
Federal law (Residential Lead-Based Paint Hazard Reduction Act, Title X) requires for ALL residential properties built before 1978: (1) Provide tenants with EPA pamphlet 'Protect Your Family From Lead in Your Home'; (2) Disclose any known information about lead-based paint or lead-based paint hazards; (3) Complete EPA-approved Lead Warning Statement/Disclosure form; (4) Have tenant sign disclosure acknowledging receipt; (5) Keep signed disclosure for at least 3 years. For renovations in pre-1978 housing disturbing painted surfaces, provide lead hazard information at least 60 days before work begins.
Federal Fair Housing Act (42 U.S.C. § 3601 et seq.) prohibits discrimination in housing based on: race, color, religion, national origin, sex (including gender identity and sexual orientation), familial status (families with children under 18), and disability. Landlords cannot: refuse to rent based on protected class; set different terms or conditions; provide different services or facilities; falsely deny availability; discriminate in advertising. Must provide reasonable accommodations for tenants with disabilities. Cannot refuse to rent to families with children to avoid lead paint liability.
Federal SCRA (50 U.S.C. § 3901 et seq.) provides protections for active duty servicemembers including: right to terminate residential lease with 30 days' written notice upon receiving deployment orders or permanent change of station (PCS) orders; stay of eviction proceedings; protection from default judgments; interest rate cap of 6% on pre-service debts. Ohio law at O.R.C. § 5321.04(A)(10) requires landlord compliance with SCRA. Ohio § 1923.062 provides additional state-level protections including 90-day discretionary stay of eviction.
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