Ohio Tenant Information-Renters Rights

 

24 Hour Notice to Enter

Under Ohio Landlord Tenant Law, your landlord is required to provide at minimally 24 hour notice to enter. A landlord may enter to inspect the premises, to make ordinary, necessary or agreed repairs, decorations, alterations or improvements to the premises, to deliver parcels that are too large for the tenant’s mail facilities, to supply necessary or agreed to services, and to exhibit the premises to prospective or actual purchasers, mortgagees, tenants, workpersons, or contractors. A tenant may not unreasonably withhold consent for the entry if the landlord gives the tenant advance notice of the entry and the landlord enters at a reasonable time. If the tenant wishes to be present, for example, but can’t accommodate the landlord for a day or a few days, the landlord must accommodate the tenant’s request. However, if the landlord has justified grounds to enter, the tenant must grant access within a reasonable period.

 

Tenants Defending an Eviction Forms

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Tenant Defence Forms

 

 

Proper notice to enter may not be an unanswered telephone call on the day of entry, or an unanswered knock on the door of the dwelling at the time of entry. It has to be acknowledged by the tenant. If the tenant requests a repair, and grants entry by the landlord within 24 hours notice, then entry is permissible under the law. The 24 hour notice does not apply in emergency situations. Landlords may not make repeated demands for entry that are otherwise unlawful but are considered harassment by the tenant. For example, a bi-yearly inspection of the interior of the unit is considered reasonable. Weekly or monthly inspection by the landlord, however, is considered excessive and unnecessary unless in the framework of repair issues or ongoing construction, for example.

A tenant may change the locks of the unit without permission of the landlord, unless it is explicitly prohibited in a lease. In this case, the tenant does not have to give the key to the landlord.

 

Getting Repairs Done

It is the responsibility of the landlord to fix needed repairs, and in an expeditious manner.

Most housing in Cuyahoga County is aging, constructed decades ago. It is weathered, and many landlords and homeowners do not have the financial means to conduct proper repairs. However, it is still the responsibility of the landlord to fix needed repairs, and in an expeditious manner. This includes roofing, porches, railings, windows, HVAC, chipping paint, plumbing, etc. Landlords are also obligated to fix repairs even if the tenant caused the damage. Tenants should alert their landlord of repairs needed immediately, especially in the cases of inadequate heat or water. Tenants should not be living for even one day without adequate heat and water. Unfortunately, landlords are not obligated to supply air conditioning unless is it explicitly written into a lease agreement as an amenity.

If a landlord does not meet the duties imposed by the Landlord Tenant law or the local housing codes or the rental agreement or if there are conditions which materially affect health and safety, then a tenant may give the landlord a written notice to correct the condition. This notice must be in writing and delivered to the person or at the place where the tenant normally pays rent. Tenant should keep a copy of this notice. This is the legal way to compel a landlord to make a repair, and eventually rent deposit. (see take action section for how to issue a notice to correct conditions letter.)

If the landlord fails to correct the condition within a reasonable time, not to exceed 30 days, then the tenant may deposit his/her rent with the Clerk of Courts, or may apply to the Court for an order to compel the repairs, or may terminate the rental agreement.

Leases

In the state of Ohio, a landlord is not obligated to provide a lease.

In the state of Ohio, a landlord is not obligated to provide a lease. In these cases, the tenancy is considered “month to month” unless otherwise specified (some tenancies are week to week.) A month to month tenancy is then bound by the Ohio Landlord Tenant Law. However, if your landlord does want you to sign a lease, here are some things you should know.

Read the lease before signing. It is perfectly acceptable to ask for time to read the lease, or to ask to have someone else review the lease. If the prospective landlord refuses, this should be seen as a red flag. If you have questions about your lease, you may contact us.

A landlord cannot put provisions in the lease that circumvent or supersede local, state, or Federal laws, including the Ohio Landlord Tenant Law. Here is an example of an “illegal” lease provision: “We are not responsible for repairs needed to the dwelling.” The landlord is always responsible for repair work, and simply stating otherwise in a lease does not make it legal. (However, in this case, the landlord could bestow the cost of the repairs to the tenant if the tenant is at fault for the work needed, but the landlord is still responsible for ensuring the repair is complete.) Even if you sign a lease with an illegal provision, it still does not make it legal.

Leases are designed to add extra provisions to the tenancy not covered under the law. Some examples of legal lease provisions include stating no pets, no smoking allowed in the unit, no unauthorized occupants, the inclusion of late fees, renewal provisions, and stipulations for breaking a lease.

Who Owns The Property?

Rental agreements must contain the name and address of the owner and the owner’s agent.

Ownership Disclosure

Every written rental agreement must contain the name and address of the owner and the owner’s agent. If the owner is a corporation or partnership, the address must be the principal place of business in the County (or State) and must include the name of the person in charge at that location.

In the case of an oral agreement, this information must be provided to the tenant in writing at the beginning of the tenancy.

A landlord who does not disclose this information gives up the right to a notice before a tenant takes legal action under the Ohio Landlord-Tenant Law.

Some municipalities have registration requirements before a landlord may offer a unit for rent. Here is information on what cities in Cuyahoga County have rental registrations (link)

Change of Ownership

The Ohio Landlord Tenant Law obligates the landlord to return the security deposit and/or a written itemization of any deductions from the security deposit within thirty (30) days of the termination of a rental agreement.

Common practice in the real estate industry is that when rental property is sold, security deposits are placed in an escrow account and transferred to the new owner. If the new owner does not receive the security deposits, the previous owner is still liable to the tenant for the original security deposit paid.

When property is sold, the new owner buys the property subject to all rental agreements, written or oral, already in place. Although the relationship with the first landlord is terminated, the rental agreement does not terminate. The original landlord owes the tenant the return of his/her security deposit if it does not transfer with the property because the relationship between the original property owner and the tenant has terminated.

The Ohio Landlord Tenant Law also states that the tenant shall provide the landlord written notice of the address to which the security deposit is to be sent. If the landlord does not return the security deposit within 30 days, or the tenant disagrees with the amount returned, the tenant may sue for twice the amount wrongfully withheld.

 

Rent Deposit Requirements

Rent depositing is the legal process by which a tenant can hold the landlord accountable

Rent depositing is the legal process by which a tenant can hold the landlord accountable failure meet their legal obligations for the following reasons:

• Failure to comply with building, housing, health and safety codes that affect health and safety of the tenant
• Failure to make repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition
• Failure to keep all common areas of the premises in a safe and sanitary condition
• Failure to maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating ventilating, and air conditioning fixtures and appliances, and elevators
• Failure to provide garbage cans and provide for garbage removal if there are four or more rental units in the building
• Failure to supply running water, reasonable amounts of hot water, and reasonable amounts of heat at all times

 

Retaliation

Landlord cannot retaliate by increasing rent, decreasing service, evicting or threatening to evict

The Ohio Landlord Tenant Law forbids a landlord from retaliating against a tenant by increasing the rent, decreasing the services, evicting or threatening to evict the tenant because the tenant has:

• Complained to a public official
• Complained to the landlord
• Joined with other tenants to bargain collectively over the terms and conditions of the rental agreement.
• Sought advice from Cleveland Tenants Organization

If a landlord acts in violation of the aforementioned, the tenant may use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises, recover possession of the premises, or terminate the rental agreement. In addition, the tenant may recover from the landlord any actual damages together with reasonable attorney’s fees.

In the event that your landlord has increased your rent and you feel the increase is retaliatory as defined above, you should make clear to the landlord that you feel the increase is in violation of the landlord/tenant law and pay the regular rental payment when it’s due. If the landlord refuses your rent and attempts to evict for non-payment, the tenant’s defense is outlined in the Ohio Revised Code. Call CTO at 216-432-0617 x 2. If the tenant chooses to pay the rent increase, the tenant could try to sue for the difference between the rent paid and the rent owed in Small Claims Court. Any action in Small Claims is best if filed as soon as the tenant begins paying the increased rent. Paying the increased rent for a period of time may waive a tenant’s right to bring a lawsuit.

 

Tenants Payment for Utilities

Landlords can only make the tenant pay for utilities if there is an individual submeter in place.

“Utilities” such as telephone, cable TV, cooking gas (where separately metered), and postal service are not addressed by the Ohio Landlord Tenant Law, therefore there is no obligation for the landlord to supply these services to the tenant.

Tenants may be required to pay for utilities which provide heat and hot water if the installation for generating heat or hot water is under the exclusive control of the tenant and supplied

by a direct connection from a public utility. This means that the landlord can require a tenant to put a utility bill into the tenant’s name where there is a separate heater or hot water heater for that unit and the tenant can control the production of heat or hot water.

The landlord may not require a tenant to pay a utility bill that is in the landlord’s name. The landlord may not require tenants to “split the bill”. It is permissible for the landlord to bestow the costs of utilities such as electricity, heat, and water onto the tenant.

The City of Cleveland ordinances address the issue of payments for utilities specifically. A landlord who is a party to a rental agreement shall pay for the electric, gas, and water services for the tenant’s dwelling unit unless:

(1) The applicable utility service is provided to the tenant’s dwelling unit through an individual meter or submeter that measures usage only in the tenant’s dwelling unit

(2) The rental agreement provides that, with respect to the applicable utility service, the tenant shall pay only for the cost of the utility service that is provided through the individual meter or submeter during the tenancy

(3) The rental agreement provides that the tenant shall have reasonable access at all times to the individual meter or submeter, for the purpose of reading the meter or submeter; and the landlord grants the tenant such access to the individual meter or submeter

(4) The provisions in the rental agreement that implement this section are stated in clear and unambiguous language

Thus, in the City of Cleveland, a landlord can make the tenant pay for utilities only if there is a individual submeter in place that the tenant has access to for the purpose of reading the meter.

 

Rent Increases and Late Charges

Tenants must receive notice of rent increases and late charges may not be unfair.

There is no government control over rents in Ohio (rent control), except in subsidized housing programs. In the case of a month-to-month rental agreement, the landlord must give a full 30 days notice before increasing rent. In the case of a written lease, the landlord may not increase rent during the term of the lease; increases can only come at the time of lease renewal with a 30 day notice. Rent increases also include bestowing any fees to the tenant, including utilities such as water, gas, and electric, or waste collection taxes, property taxes, etc. Those are considered rent and can only be bestowed to the tenant with a full 30 day notice in a month to month tenancy, or at the time of lease renewal with a 30 day notice. Landlords can raise market rate, unsubsidized rent as high as they want in Ohio, with no mandates for incremental increase. This can be remedied through advocacy efforts (see take action.)

The Ohio Landlord Tenant law does not specifically address the issue of late charges. Late charges may be part of a rental agreement, but they may not be “unconscionable” (unfair). Court decisions suggest that late fees should be reasonably related to the actual damages that a landlord suffers because of late payment of rent. In the City of Cleveland, special ordinances exist to regulate late fees for senior citizens. If a rental agreement includes a provision that authorizes the landlord to assess the tenant a fee for late payment of the monthly rent, the total amount of that late payment fee for any month may not exceed the larger of: 1. twenty-five dollars ($25.00); or 2. five percent (5%) of the monthly contract rent. In addition, the total amount of that late payment fee for any amount may not exceed twenty-five percent (25%) of the portion of the monthly contract rent that the tenant is obligated to pay under the rental agreement.

 

Security Deposits

Landlord is required to return your security deposit within 30 days of receiving your keys.

Your landlord is required to return your security deposit within 30 days of the time that you have given your keys to the landlord. Returning your keys to the landlord forfeits your right to access the property.

If your landlord decides to keep a portion or all of your security deposit, he or she must provide an itemized list of costs incurred. The landlord must also provide invoices or receipts from legitimate entities.

Your landlord can only keep a portion or all of your security deposit to cover the cost of unpaid rent or other charges or damages that have been caused beyond normal wear and tear.

If you disagree with the landlord’s decision to keep all or some of your security deposit, your only option under the law is to file a claim in court. You can also sue for double the amount you believe has been wrongfully withheld by your landlord.

A pet deposit, key deposit, garage deposit, or last month’s rent paid in advance may all be part of your security deposit. If the total security deposit is greater than one month’s rent, the landlord owes 5% interest annually on the amount in excess of one month’s rent.

Before giving or receiving money, be clear about what the money is for and whether it is refundable. A deposit to “hold the unit,” an application fee, or a fee for a credit check are probably not security deposits.

Security Deposit Returned – Wrongful Deductions

ORC 5321.16(B) obligates the landlord to return the security deposit and/or a written itemization of any deductions from the security deposit, within thirty (30) days of the tenant terminating the rental agreement and moving out. ORC 5321.16(B) also states that the tenant shall provide the landlord written notice of the address to which the security deposit is to be sent. If the landlord does not return the security deposit within 30 days, or the tenant disagrees with the amount returned, the tenant may sue for double the amount wrongfully withheld AND reasonable attorney’s fees.

The landlord may deduct from the security deposit for any damages beyond normal wear and tear. Damages include rents owed as well as physical damage to the property. In the event that the landlord has returned a portion of the security deposit to the tenant, the tenant may lose his/her right to sue for the remainder if he/she cashes the check or otherwise acts in a manner that may be deemed as “accepting” the offer of the returned security deposit. If you need to cash the check and feel the landlord has wrongfully withheld money, you could write on the back of the check below your signature, “This signature does not indicate acceptance of payment in full.”

If the landlord refuses to return the amount the tenant feels is wrongfully withheld, the tenant’s only recourse may be to file suit. If the amount owed is less than three thousand dollars ($3,000), the tenant can sue without a lawyer in Small Claims Court.

Terminating a Rental Agreement

A tenant is only obligated to pay rent for the time they have “right of access” or keys to the unit.

A tenant is only obligated to pay rent for the time they are living in the dwelling and have “right of access”, or keys to the unit. For example, if a tenant takes a new job in a different city and 6 months into a 12 month lease has to depart, the tenant is only obligated to pay for the time they are in the unit. Often, landlords will say “you owe me for the reminder of the lease term.” This is not accurate. The landlord has to make a reasonable effort to replace the tenant. It is the landlord’s responsibility to conduct the search, screening, etc. and to bear the costs of the search. If the landlord, after making a reasonable effort to find a replacement tenant, can prove in court they were unsuccessful, they can file a claim (sue) against the tenant for the reminder of the lease term. The landlord would have to prove they mitigated (glossary term), meaning the advertised the unit, screened potential tenants, etc but still could not find a replacement, and therefore lost out on rent because of the tenant who departed. This is the only scenario when the landlord could recoup costs of the full lease term from the tenant who departed. It has to be done through a court action. It is illegal for a landlord to demand rent for the full lease term and then re-rent the unit. Many leases stipulate that the tenant will forfeit the security deposit and/or a penalty fee will be imposed if the tenant breaks the lease early. This is permissible by law, but the penalty has to be “reasonable.” One month’s rent would be considered “reasonable” but the law does not specify an exact amount.

A landlord or a tenant may terminate a month-to-month agreement by giving a full thirty days notice to the other party. The thirty days begins on the next rental due date and runs with the rental period. Thus, if rent is due on the first of the month, the 30 days starts on the first of the next month.

A written rental agreement (lease) normally specifies the method for termination or renewal. If termination or renewal is not specified, then the agreement ends on the date in the agreement. Be sure to read your lease carefully and know if your lease automatically renews, and under what terms. Many leases defer to a month to month tenancy after one year (see Lease vs. Month to Month)

A landlord may give a tenant a notice that the tenant is not complying with a requirement imposed on the tenant by the Ohio Landlord-Tenant Law which materially affects health and safety and advising the tenant that the rental agreement will end in 30 days. If the tenant corrects the condition, then the rental agreement will not be terminated.

A tenant may give a landlord a notice to comply with a duty imposed by the Ohio Landlord-Tenant Law which materially affects health and safety and requesting correction within 30 days. If the landlord fails to correct the condition, then the tenant may terminate the rental agreement.

 

Self-Help Eviction Prohibited

Landlord may not make the condition of property uninhabitable causing the tenant to vacate.

A “self-help eviction” is an eviction where the landlord acts outside of the law to make the condition of property uninhabitable for the tenant. This can include changing the locks without the tenant’s knowledge (outside of a court order), taking the door off the hinges of the property, cutting off water, gas, or electricity to the property, or any other mechanism that causes the tenant to vacate outside of a lawful eviction action. All of these actions can be called “self-help eviction”, and they are never legal under any circumstances.

A landlord cannot force a tenant from the premises through any means, other than legally bringing an eviction action. If your landlord has threatened to lock you out, take your property, shut-off your utilities or otherwise preclude you the use of the dwelling unit you are renting, you should notify your landlord that their actions will be in violation of the Ohio Landlord/Tenant Law. If your landlord has already taken such action against you, there are immediate options available. (see take action, Temporary Restraining Order (TRO).

Even if the tenant is behind in rent, staying beyond the term of his/her rental agreement or violating a tenant obligation, the landlord must proceed with an eviction action. The landlord does not have the right to forego the eviction proceeding just because the tenant is in breach of his/her obligation. The applicable court must make the determination if an eviction is warranted, not the landlord.

 

Rent Receipts and Method of Payment

There is never a time when you can withhold your rent.

You must always pay your rent to the landlord or follow the lawful process to rent deposit (aka escrow aka rent strike). Withholding rent must be done through a lawful process. Failure to do so puts the tenant at risk of an eviction for non-payment of rent. Contact us on how to conduct a rent deposit. You should always pay with a check or money order. Paying in cash is strongly discouraged. If you must pay in cash, ask for a written receipt of payment. In the city of Cleveland, the landlord is required by law to provide you a written receipt for cash payments. If a situation arises (such as a need for repair work or if you’re attempting to get your security deposit back) you must be able to prove that you paid your rent. The best way to prove that you have paid your rent is by check or money order.

 

UNDERSTAND YOUR RIGHTS

As a renter, you have certain rights and responsibilities. Below are links to other web sites and housing-related services that can help you better understand your right to fair and safe housing. OHFA provides these links for informational purposes only. No particular endorsement of these sites by OHFA is intended or implied.

• Cleveland Tenants Organization
• Coalition on Homelessness and Housing in Ohio – Tenants Outreach
• Coalition on Homelessness and Housing in Ohio – Tenants Rights Brochure
• Information for Tenants Whose Landlord is in Foreclosure
• Ohio Civil Rights Commission
• Ohio Legal Services
• USDA Rural Development – Housing Assistance
• U.S. Department of HUD – Information for Renters
• U.S. Department of HUD – Ohio Tenant Rights Information

 

• Go to www.ohiolegalservices.org/programs or call 1-866-LAW-OHIO (1.866.529.6446) to get more information or legal assistance.
• Read the Protecting Tenants in Foreclosure Act of 2009. Under this new law enacted May 21, 2009:
  • You have the right to receive notification 90 days before you can be evicted from a property in foreclosure.
  • If you have a lease, you may occupy the property until the end of your lease unless the foreclosed property is sold to a new owner who plans to use the property as their residence. If this happens, you can stay at the property until 90 days after you receive notification.

 

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