Ohio Landlord Tenant Law: A Comprehensive Guide
When it comes to renting a property in Ohio, understanding the state’s landlord-tenant law is crucial. As a landlord or a tenant, it is essential to know what your rights and obligations are under these laws. This guide provides an in-depth overview of Ohio’s landlord-tenant law, including the latest updates.
I. Rental Application Process
Under Ohio’s landlord-tenant law, the rental application process is critical for both landlords and tenants. Landlords are allowed to charge an application fee, which must not exceed the actual cost of running the background and credit checks on the tenant. The application fee should not be used as a source of income for the landlord.
If the landlord declines the tenant’s application, they must give the applicant a written notice stating the specific reason for the denial. The landlord is not required to provide a reason for the denial if the tenant did not provide accurate information on the application or if the tenant has a history of evictions or criminal activity.
II. Security Deposits
Ohio landlord-tenant law allows landlords to collect security deposits from their tenants. The security deposit must not exceed the equivalent of one month’s rent. The landlord must also give the tenant a written receipt that indicates the amount of the deposit and the location where it will be held.
The landlord has two options for holding the security deposit. They can either keep it in an interest-bearing account, which must be in Ohio, or post a surety bond equivalent to the amount of the deposit. If the landlord chooses to keep the deposit in an interest-bearing account, they must pay the tenant the interest earned on the deposit at the end of the tenancy.
At the end of the lease term, the landlord must return the security deposit to the tenant within 30 days. The tenant must provide the landlord with their forwarding address in writing to receive the deposit. The landlord may deduct from the security deposit the cost of unpaid rent, damages, and cleaning fees if the tenant caused excessive wear and tear to the rental property.
III. Landlord’s Duties
Ohio’s landlord-tenant law requires landlords to maintain their rental properties in a habitable condition. They must ensure the property has running water, heat, electricity, and adequate plumbing. The landlord must also make timely repairs to the property’s structure and essential systems, such as the HVAC system and wiring.
Landlords must also provide tenants with notice before entering the rental property. The notice must be in writing and state the date and time of the entry and the reason for the entry. Except in cases of emergency, the landlord must give the tenant at least 24 hours’ notice before entering the property.
IV. Tenant’s Duties
Tenants also have obligations under Ohio landlord-tenant law. They must pay rent on time and keep the rental property clean and free from damage. The tenant should inform the landlord in writing within 30 days of any defects in the rental property.
If the tenant causes damage to the rental property, the landlord may deduct the cost of repairs from the tenant’s security deposit. The tenant is also responsible for repairing damage caused by their guests or invitees.
V. Evictions
Ohio law provides specific procedures for evicting a tenant. If the tenant fails to pay rent, the landlord must give the tenant a three-day notice to pay rent or quit. If the tenant does not pay rent within three days, the landlord can file a complaint in court to evict the tenant.
If the tenant violates other lease terms, such as keeping a pet without permission or causing damage to the rental property, the landlord must give the tenant a three-day notice to comply with the lease or quit. If the tenant does not comply within three days, the landlord can file a complaint in court to evict the tenant.
VI. Affordable Housing Laws
Ohio has several affordable housing laws that landlords must comply with. These laws aim to make affordable housing more accessible to low-income families and individuals. The fair housing law prohibits discrimination based on race, color, religion, sex, national origin, disability, and familial status.
Under Ohio law, landlords are not allowed to discriminate against tenants who are receiving government assistance, such as Section 8 vouchers. The landlord must accept the voucher as a form of payment and cannot refuse to rent to a prospective tenant simply because they are receiving government assistance.
VII. Lead-Based Paint Disclosure
Ohio law requires landlords to disclose the presence of lead-based paint in rental properties built before 1978. The landlord must provide the tenant with an EPA-approved lead hazard information pamphlet and a disclosure form.
If the rental property contains lead-based paint, the landlord must provide the tenant with a notice of the hazard and the steps the tenant can take to protect themselves and their family from lead exposure.
Conclusion
Ohio’s landlord-tenant law provides clear guidelines for landlords and tenants. By understanding these laws, both parties can avoid disputes and ensure a smooth rental experience. As a landlord or a tenant, it is essential to stay up to date with any changes to Ohio’s landlord-tenant law to ensure you are complying with the latest regulations.
