Ohio Renter Rights Overview
Ohio is a great state known as a ‘Mother of Modern Presidents’. Just stop for a minute and note that Seven presidents of the United States were born in Ohio.
We believe that it requires Ohio to be a gold standard in laws and rights. It’s time for a closer look at the local tenant rights and see how their statutes support you as a tenant. Read our extensive guide and discover our available apartments for rent in Ohio.
Rental Application
Application fee: Not regulated
Written agreement required: No
Oral agreements are allowed in Ohio. However, we always recommend you to sign your rental agreement online. In this case, you will be safe from rental scams and landlord’s abuse.
There is no standard application fee, but laws state that the amount of the fee should be reasonable.
Since there is no rent regulation in Ohio, your landlord can set any rent price.
Security Deposit
Pet deposit maximum: Not indicated
Security deposit maximum: Not indicated
Return deposit deadline: 30 days
Security deposit interest: In some cases
Itemized list of charges & damages: Yes
Legal reasons to keep security deposit: Stated
While there is no maximum amount of security deposit that a landlord can charge you, he is obligated to pay you the interest in case of the amount exceeding the one month rent.
Landlords of Ohio are obligated to pay back the security deposit within 30 days after you move out.
In case of any deductions, your landlord must provide you with the written itemized list of all the deductions and reasons. The amounts of each deduction should be included as well.
Please note that in case you don’t state the forwarding address for the landlord to return the money, in case you didn’t state the address, it’s your responsibility to collect the money.
In case you don’t get back your security deposit within 30 days, you can go to the court and file a lawsuit against your landlord. Winning this case may obligate your landlord to pay twice the money he owes you plus attorney fees.
Security and Comfort
Smoke alarms: Yes
Rekey requirements: Not Indicated
Deduct and Repair: Need an Approval from the Ohio Clerk of Courts
Required notice before entry: 24 hours
Emergency entry without notice: Allowed
According to the local laws, your landlord should provide each level of your home with the smoke alarms. This includes the basement, the outside of the sleeping areas and inside the bedrooms.
The landlord is not obligated by law to change the locks and he’s also forbidden to do so once you’ve moved in.
Now here comes the tricky thing. Ohio tenants are not allowed to repair something in the rental and deduct the costs out of the rent payments. They are also forbidden to reduce the rent payment or stop sending them to obligate the landlord to repair something. In case you have any problems with repairs and a landlord not helping you, you can file a suit against him/her in with the Ohio Clerk of Courts.
They can require a landlord to perform the needed repairs or allow you to deduct the repair cost remedies.
In most of the cases, your landlord must provide you with the 24 hours’ notice, but that doesn’t work with the emergency situations. Here are the reasons that legally allow your landlord to stop by and enter your rental:
- To inspect it
- To make repairs you discussed before
- To supply you with something you discussed
- To deliver the package
- To show the unit to the buyer or new tenant (that will move in when your lease is over)
The emergency situation allows your landlord to enter any time without the notice. A good example of such a situation will be a flooding of the apartment below or a fire.
Rental Payments
Maximum rent: Not Indicated
Late fees: Yes (Except the oral agreements)
Rent increase: No statute
Right to withhold rent for failure to provide essential services (Water, Heat, etc.): No
There is no rent control in Ohio, so the maximum amount is not indicated anywhere. The rent increase can be performed by a landlord with a written notice 30 days before the lease is set to renew.
However, no late fee shall be imposed or collected if the occupant makes a rental payment in full by the third day after the due date under the rental agreement.
As a tenant, you cannot be charged the late fee if you make a rent payment within 3 days after the due date. In case you don’t comply with this rule, a landlord can charge you the late fee, but it should be reasonable and there were lots of cases where landlords had to prove the court that the amount was actually reasonable.
In case you have an oral agreement, your landlord cannot collect the late fees.
Sending a check is so old school, but if you do and it’s returned by the bank, you can be charged a $30 or 10% amount of the check, whichever is greater.
Lease Terminations
Notice to terminate lease: Yes
Eviction notice for not paying rent: 3 days
Eviction notice for lease violation: 3 days
There are legal reasons in Ohio that allow you to terminate your lease without any remedy payments.
- You’re going taking the military duty
- The rental is unsafe or violates the Health and Safety Codes
- Your landlord harasses you or violates your privacy
Even if you don’t have a legal reason to break the lease, Ohio laws require your landlord to take necessary and reasonable steps to find a new tenant. In this case, in most of the cases, your landlord won’t sit back and wait on your lease to end up and then sue you for the full agreement amount.
There is also an option for you to help your landlord to find the new tenant, it will help you get ‘off the hook’ faster and minimize your financial loss.
A landlord should provide a legal cause to terminate your lease. Usually, it’s about failing to pay rent and violation of the lease agreement rules.
You can also be evicted for manufacturing, using and selling of illegal drugs in the rental units. Anyway, the landlord must give you a three-day notice prior to eviction or lease termination.
If there is no legal reason to terminate the lease, a landlord will have to give you the written notice:
- Month-to-Month agreement – 30 days notice
- Fixed-Term agreement – landlord must wait for the lease end
Roommates Rights
Subletting: Not forbidden
Responsibility to cover roommate’s part of rent: Yes
Ohio laws do not forbid subletting, but most likely your rental agreement contains the section that obligates you to gain the landlord’s approval prior to subletting. The procedure is pretty simple yet it may take time since you’ll have to send a mail letter to the landlord. Let us show you what will happen after you start the subletting procedure.
You mail a letter to your landlord and ask a permission to sublet your place. The letter should be sent via the certified mail with the return-receipt included. Also, make sure you save the copy of this letter and the documents that you’ve sent.
The reason why you’ll need to use the certified mail is that you’ll have the proof of delivery that you’ll be able to use in court in cases of any misunderstandings and legal actions.
Your letter should include all the details regarding the rental agreement of subletting and should also include the following information:
- The term of the subletting
- Personal information of your co-tenant
- This person’s permanent address
- The reason why you decided to sublet
- Written consent of this co-tenant
- A copy of the sublease that you offer to sign
As always, in case your co-tenant stops paying rent, you’ll be responsible for covering it in full on your own since you’re the main signer of the lease.
Rights Related to Landlord Disclosure
According to the Ohio rental laws, the landlord should disclose his name and address in the lease agreement. If a landlord has an agent, his/her name and address should be included as well.
Since oral agreements are allowed in Ohio, you may be puzzled about getting this information from the landlord. Laws obligate your landlord to provide you with a written document including all this information at the beginning of your tenancy.
Ohio Landlord and Tenant Law
Ohio Landlord Handbook
Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only, and do not consider this article a substitute for legal advice. Some situations are unique, and it is always better to consult with a qualified lawyer or appropriate government agencies.
Hi, I have a question….
We just moved into a house that we rented (we signed a 2 year rental agreement), but we just found out the owner put the house for sale. My question is: since we just moved in, and we still have 2 years to live in the house, can somehow the owner break the contract and agreement with us, and kick us out before the 2 years end ?
Hello Ana,
Please check the following article Tenant Rights When Property up on Sale.
We have rented a home for 13 years. First there was a one year lease, then went month to month. The owner gave no notice of selling. What are our rights?
Ohio