OH
Ohio Landlord-Tenant Laws
Security Deposit Return Timeline
Ohio Rev. Code § 5321.16(B)
⏰ Timeline
30 days after termination of rental agreement and delivery of possession
✅ Key Requirements
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- Landlord must return deposit OR provide itemized statement within 30 days
- Timeline begins after BOTH lease termination AND delivery of possession
- Itemized statement must detail each deduction with explanation
- Remaining deposit must be returned with itemized statement
- Tenant must provide landlord with written forwarding address
- +2 more requirements
Security Deposit Interest Requirements
Ohio Rev. Code § 5321.16(B)
⏰ Timeline
Interest paid annually or credited to rent if held 6+ months
✅ Key Requirements
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- Interest required ONLY if deposit exceeds $50 OR one month's rent (whichever is greater)
- Interest required ONLY if tenant remains in possession 6+ months
- Interest rate: 5% per annum
- Interest computed annually
- Landlord may pay interest directly OR credit against next month's rent
- +2 more requirements
Security Deposit Amount Limits
Ohio Rev. Code § 5321.16(A)
⏰ Timeline
No state-mandated maximum
✅ Key Requirements
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- NO STATE LIMIT on security deposit amount
- Landlord and tenant may agree to any deposit amount in lease
- Common practice: 1-2 months' rent
- Local ordinances may impose specific limits (check city/county law)
- Deposits exceeding $50 or one month's rent trigger interest requirement if held 6+ months
- +2 more requirements
Permitted Security Deposit Deductions
Ohio Rev. Code § 5321.16(B)
⏰ Timeline
Itemized list must be provided within 30 days
✅ Key Requirements
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- Landlord may deduct for unpaid rent
- Landlord may deduct for damages caused by tenant noncompliance with lease
- Landlord may deduct for damages caused by tenant noncompliance with ORC 5321.05 (tenant duties)
- CANNOT deduct for normal wear and tear
- Itemized statement must identify each deduction
- +3 more requirements
Security Deposit Wrongful Withholding Penalties
Ohio Rev. Code § 5321.16(C)
⏰ Timeline
30-day deadline is critical to avoid liability
✅ Key Requirements
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- Landlord liable for actual damages if fails to comply with 30-day deadline
- Tenant may recover reasonable attorney fees
- If landlord acts in BAD FAITH: tenant may recover up to $200 punitive damages
- Bad faith includes: intentional withholding, fraudulent deductions, ignoring forwarding address
- Tenant must provide forwarding address to be eligible for damages/attorney fees
- +2 more requirements
3-Day Notice to Leave Premises
Ohio Rev. Code § 5321.17(C)
⏰ Timeline
3 days notice for nonpayment, criminal activity, or drug violations
✅ Key Requirements
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- 3-day notice required for: (1) Nonpayment of rent, (2) Criminal activity, (3) Illegal drug activity
- Notice must state reason for eviction
- Notice must include mandatory statement: '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.'
- Notice may be delivered personally, by certified mail, or posted conspicuously on premises
- After 3 days, if tenant does not vacate, landlord may file eviction complaint
- +2 more requirements
30-Day Notice for Lease Violations
Ohio Rev. Code § 5321.17(B)
⏰ Timeline
30 days for month-to-month termination; 30 days notice to cure for lease violations
✅ Key Requirements
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- Month-to-month tenancy: Either party may terminate with 30 days written notice
- Lease violations affecting health/safety: Landlord gives 30-day notice specifying violation
- Tenant has right to cure violation within 30 days
- If tenant fails to cure, landlord then gives 3-day notice to leave
- Only THEN can landlord file eviction complaint
- +3 more requirements
Eviction Court Process (Forcible Entry and Detainer)
Ohio Rev. Code Chapter 1923
⏰ Timeline
Typically 2-4 weeks from filing to writ of possession
✅ Key Requirements
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- Step 1: Serve proper notice (3-day, 30-day, or 7-day for week-to-week)
- Step 2: File eviction complaint in municipal or county court where property located
- Step 3: Court issues summons to tenant (delivered by bailiff/certified mail)
- Step 4: Tenant has 7 days to file written answer/counterclaim
- Step 5: Court schedules hearing (typically within 2-3 weeks of filing)
- +4 more requirements
Prohibition on Self-Help Evictions
Ohio Rev. Code § 5321.15
⏰ Timeline
Landlord must obtain court writ before any physical eviction
✅ Key Requirements
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- Landlord CANNOT change locks or use bootlocks without providing tenant a key
- Landlord CANNOT shut off utilities to force tenant out
- Landlord CANNOT remove tenant's belongings from property
- Landlord CANNOT use force or threats to remove tenant
- Landlord CANNOT willfully diminish services (heat, water, etc.)
- +3 more requirements
Landlord Duties and Obligations
Ohio Rev. Code § 5321.04
⏰ Timeline
Continuous obligation throughout tenancy
✅ Key Requirements
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- Comply with all applicable building, housing, health, and safety codes
- Make all repairs necessary to keep premises fit and habitable
- Keep common areas safe and sanitary
- Maintain electrical, plumbing, heating, A/C, and elevators in good working order
- Provide trash receptacles and arrange waste removal (buildings with 4+ units)
- +4 more requirements
Tenant Duties and Obligations
Ohio Rev. Code § 5321.05
⏰ Timeline
Continuous obligation throughout tenancy
✅ Key Requirements
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- Keep occupied areas safe and sanitary
- Dispose of trash properly
- Keep plumbing fixtures clean
- Use electrical and plumbing fixtures properly
- Comply with applicable building and safety codes
- +5 more requirements
Landlord Right of Access
Ohio Rev. Code § 5321.04(A)(8) and (B)
⏰ Timeline
24 hours advance notice is reasonable for non-emergency entry
✅ Key Requirements
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- Landlord must provide reasonable notice before entry (24 hours is reasonable)
- Entry must be at reasonable times
- Valid reasons for entry: inspections, repairs, alterations, deliver packages, show property, provide services
- Emergency entry requires no advance notice
- Tenant cannot unreasonably withhold consent for lawful entry
- +2 more requirements
Tenant Right to Deposit Rent with Court
Ohio Rev. Code § 5321.07
⏰ Timeline
May deposit rent after landlord fails to fulfill obligations
✅ Key Requirements
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- If landlord fails to fulfill obligations under ORC 5321.04, tenant may deposit rent with court
- Tenant deposits full rent amount with clerk of municipal or county court
- Tenant must notify landlord in writing of deposit and reasons
- Court holds rent in escrow pending resolution
- Available remedies: court may order landlord to make repairs, release funds to landlord once compliant, reduce rent, return rent to tenant
- +3 more requirements
Protection Against Retaliation
Ohio Rev. Code § 5321.02
⏰ Timeline
Protection applies when tenant exercises rights
✅ Key Requirements
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- Landlord cannot retaliate for: tenant complaint to government agency, complaint to landlord, joining tenant organization, seeking legal aid
- Retaliatory actions include: rent increase, decreased services, eviction threat/action
- If tenant exercises rights and landlord takes adverse action within reasonable time, presumed retaliation
- Landlord can overcome presumption by showing legitimate non-retaliatory reason
- Landlord CAN evict for legitimate reasons (nonpayment, lease violations)
- +2 more requirements
Month-to-Month Tenancy Termination
Ohio Rev. Code § 5321.17(B)
⏰ Timeline
30 days notice required
✅ Key Requirements
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- Either landlord or tenant may terminate month-to-month tenancy
- Must provide at least 30 days written notice
- Notice must be given 30 days before periodic rental date (rent due date)
- No reason required to terminate month-to-month tenancy
- Week-to-week tenancies require 7 days notice
- +2 more requirements
Late Fees and Rent Payment
No Specific State Statute
⏰ Timeline
Per lease terms; no statutory grace period
✅ Key Requirements
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- NO state law limiting late fee amounts
- Late fees must be specified in written lease agreement
- Late fees must be reasonable (courts scrutinize excessive fees)
- NO statutory grace period - rent due on date specified in lease
- Common practice: 5-day grace period, then late fee
- +3 more requirements
Fair Housing and Discrimination Protections
Federal Fair Housing Act / Ohio Rev. Code § 4112.02
⏰ Timeline
Complaints must be filed within 1 year (state) or 1 year (HUD)
✅ Key Requirements
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- Protected classes FEDERAL: race, color, religion, national origin, sex, familial status, disability
- Protected classes OHIO: adds ancestry, military status
- Landlord cannot refuse to rent based on protected class
- Landlord cannot advertise preferences based on protected class
- Landlord cannot impose different terms or conditions
- +4 more requirements
Small Claims Court for Landlord-Tenant Disputes
Varies by County - Municipal/County Court
⏰ Timeline
Varies by court; typically resolved within 30-60 days
✅ Key Requirements
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- Jurisdiction typically up to $6,000 (varies by county - some up to $15,000)
- Used for: security deposit disputes, property damage claims, unpaid rent (not evictions)
- Evictions must be filed as forcible entry/detainer actions (Chapter 1923)
- No attorney required (but allowed)
- Filing fees typically $35-100
- +4 more requirements
Tenant Remedies for Landlord Violations
Ohio Rev. Code § 5321.10
⏰ Timeline
Available when landlord violates obligations under ORC 5321.04
✅ Key Requirements
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- If landlord violates duties, tenant may: (1) Obtain injunction to compel compliance, (2) Terminate lease, (3) Deposit rent with court, (4) Sue for damages and attorney fees
- Tenant must provide landlord notice and reasonable opportunity to cure (except emergencies)
- Tenant should document violations (photos, written notices, repair estimates)
- Serious violations: no heat/water, major safety hazards, code violations
- Tenant may combine remedies (e.g., deposit rent AND sue for damages)
- +2 more requirements
Disclosure Requirement for Small Landlords (3 or Fewer Units)
Ohio Rev. Code § 5321.04(A)(8)
⏰ Timeline
Disclosure required at lease signing
✅ Key Requirements
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- Landlords must disclose name/address of property manager and agent for service
- EXCEPTION: Landlords owning 3 or fewer rental units in Ohio may instead provide written notice stating 'landlord owns three or fewer rental units in Ohio'
- If landlord provides 3-or-fewer notice, tenant CANNOT deposit rent with court under ORC 5321.07
- Disclosure must be in writing at time of lease signing
- Failure to disclose means tenant CAN deposit rent with court even if landlord owns 3 or fewer units
- +1 more requirements
No Rent Control in Ohio
No State Statute
⏰ Timeline
N/A
✅ Key Requirements
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- Ohio has NO statewide rent control
- No Ohio cities currently have rent control ordinances
- Landlords may charge any rent amount (market rate)
- Landlords may raise rent by any amount between lease terms
- Only limits: rent increase cannot be retaliatory (ORC 5321.02)
- +3 more requirements