Ohio Tenant Rights: Everything You Need to Know

As a tenant in Ohio, it’s important to know your rights. Whether you’re signing a new lease or dealing with a dispute with your landlord, understanding your rights can help you to protect yourself and your home. In this comprehensive guide, we’ll cover everything you need to know about Ohio tenant rights.

Ohio Landlord-Tenant Law Overview

Ohio’s landlord-tenant law is governed by Chapter 5321 of the Ohio Revised Code. This law outlines the rights and responsibilities of both landlords and tenants when it comes to rental properties. Some of the key provisions of the law include:

– Tenant rights to a safe and habitable dwelling: This means that landlords are responsible for maintaining their properties in a safe and livable condition. If there are issues with the property that make it dangerous or uninhabitable, the tenant has the right to request repairs. If the landlord fails to address these issues, the tenant may have legal recourse.

– Tenant rights to privacy: Ohio law requires landlords to give tenants reasonable notice before entering a rental property. Generally, this notice must be at least 24 hours in advance unless there is an emergency.

– Tenant rights to a return of security deposit: When a tenant moves out of a rental property, the landlord must return their security deposit within 30 days. If there are any damages to the property beyond normal wear and tear, the landlord may be able to deduct the cost of repairs from the security deposit.

– Tenant rights to be free from discrimination: Under Ohio law, landlords may not discriminate against tenants on the basis of race, color, national origin, religion, sex, familial status, or disability.

Ohio Tenant Rights: Lease Agreements

A lease agreement is a legal contract between a landlord and tenant that outlines the terms of the rental arrangement. As a tenant, it’s important to read your lease carefully and make sure you understand all of the terms before you sign. Some of the key provisions that tenants should look for in a lease agreement include:

– Rent amount and due date: The lease should specify the rent amount, when it’s due, and how it should be paid. It should also state the consequences for late rent payments.

– Length of the lease: Make sure you understand how long the lease agreement lasts and when it will expire. If you need to move out before the end of the lease, there may be penalties or fees.

– Security deposit: The lease should specify the amount of the security deposit and when it will be returned. It should also state the conditions under which the landlord may keep all or part of the security deposit (such as for damages to the property).

– Repairs and maintenance: Make sure the lease outlines the landlord’s responsibilities for repairs and maintenance. This includes who is responsible for routine maintenance like lawn care, as well as repairs to major appliances or structural issues.

– Subleasing: If you plan to sublease the property to another tenant, make sure the lease allows for subleasing and what the conditions are.

If you have any questions or concerns about the lease agreement, don’t hesitate to ask the landlord for clarification. It’s always better to clear up any misunderstandings before you sign the lease.

Ohio Tenant Rights: Security Deposits

One of the most important aspects of Ohio tenant rights is the right to a return of your security deposit. The security deposit is money that is paid at the start of the lease to cover any damages to the property beyond normal wear and tear. In Ohio, landlords are required to return the security deposit within 30 days of the tenant’s move-out date.

If the landlord keeps all or part of the security deposit to cover damages, they must provide the tenant with an itemized list of the damages and the cost of repairs. The landlord must also provide proof of the cost of the repairs (such as receipts or invoices).

If the landlord fails to return the security deposit or provide an itemized list of damages within 30 days, the tenant may be able to take legal action. The tenant can file a complaint with the Ohio Attorney General’s Consumer Protection Section, or they may be able to sue the landlord in small claims court.

Ohio Tenant Rights: Repairs and Maintenance

As a tenant, you have the right to a safe and habitable living environment. This means that the landlord is responsible for making necessary repairs to the property to ensure its safety and livability. Some common repairs that landlords may be responsible for include:

– Plumbing and electrical issues
– Heating and cooling systems
– Roofs and gutters
– Floors and walls
– Pest infestations
– Structural problems

If there are issues with the property that make it dangerous or uninhabitable, you should notify your landlord in writing as soon as possible. The landlord has a reasonable amount of time to make repairs, which may depend on the severity of the issue. If the landlord fails to make necessary repairs, you may have legal options.

Under Ohio law, tenants may be able to withhold rent or repair the issue themselves and deduct the cost from their rent. However, there are specific requirements around these remedies, and tenants should consult with an attorney before taking any action.

Ohio Tenant Rights: Evictions

As a tenant, facing eviction can be a stressful and confusing situation. In Ohio, landlords must follow specific procedures when evicting a tenant. Some of the key provisions of Ohio’s eviction laws include:

– Notice requirements: Landlords must provide tenants with written notice of the eviction. This notice must outline the reason for the eviction and provide a specific date by which the tenant must vacate the property.

– Court proceedings: If the tenant does not vacate the property, the landlord may file an eviction lawsuit in court. The tenant has the right to a hearing, and the court will make a decision based on the evidence presented.

– Sheriff’s eviction: If the court rules in favor of the landlord, the tenant will be served with a writ of possession. The sheriff will then physically remove the tenant and their belongings from the property.

It’s important to note that tenants have legal rights throughout the eviction process. This includes the right to legal representation, the right to contest the eviction, and the right to appeal the court’s decision.

Ohio Tenant Rights: Discrimination

Under Ohio law, it is illegal for landlords to discriminate against tenants on the basis of race, color, national origin, religion, sex, familial status, or disability. Discrimination can take many forms, such as:

– Refusing to rent to certain tenants
– Offering different lease terms or conditions to different tenants
– Falsely denying the availability of a rental unit
– Harassing tenants on the basis of a protected characteristic

If you believe you have been the victim of discrimination, you should contact the Ohio Civil Rights Commission or the United States Department of Housing and Urban Development (HUD). These organizations can investigate your complaint and help you to take legal action if necessary.

Final Thoughts

Knowing your Ohio tenant rights is crucial for protecting yourself and your home. If you have questions or concerns about a rental agreement or are facing a dispute with your landlord, it’s always a good idea to consult with an experienced attorney. With the right legal guidance, you can navigate any issues that may arise as a tenant in Ohio.

Quick Guide to Ohio Tenant Rights 

Ohio Tenant Rights

There are multiple tenant rights outlined by Ohio law, and links to valuable resources for finding a particular Ohio tenant right are located on the following website under the U.S. Department of Housing and Urban Development:

If you don’t believe your landlord is respecting your Ohio tenant rights, there are a number of actions you can take to protect your rights.  Some of these steps are provided in this article.

Ohio Tenant Right against Discrimination

Under Ohio residential laws, no person can be denied their renting privileges by a landlord, managing agent, real estate broker, or salesperson according to their race, color, religion, sex, sexual orientation, marital status, national origin, familial status, source of income (in most cases), or disability.

However, if the property is occupied by the owner and they are renting out a room, they may indicate a preference for gender under according to Ohio law.

The Escrow Process

One of the best ways to protect your Ohio tenant rights is to undergo the Escrow process if your landlord knows about damages to the property that are their obligation and has not taken action to fix them.   In order to protect your Ohio tenant right for acceptable means of living, you can deposit your check with the county clerk so the landlord can take no legal action against you and fix the property before receiving the rent.

If your landlord has failed to fill any of their obligations under Ohio Revised Code Section 5321.04, any obligation under the rental agreement, or a government agency has declared the living conditions unsafe, you can begin the escrow process.  There are number of steps you should if your Ohio tenant rights have been violated before filing escrow.  The steps are provided below:

1. Notify your landlord that an Ohio tenant right is being denied because of repair problems.  You must provide the repairs that are needed in clear handwriting, you must date the letter, and you must give your landlord 30 days to fix the repair unless the repair is needed for heat in the winter or running water.

2. If your landlord has still denied your Ohio tenant rights and has not yet made repairs within thirty days, you can begin escrowing rent.  If the damages are significant, you may also be able to terminate the lease, reduce the rent before damages are repaired, or turn over escrowed money so the landlord can make repairs.

Security Deposit and your Ohio Tenant Right

You have an Ohio tenant right to receive your security deposit after deductions have been made for reasonable wear and tear expenses.  However, a tenant has no Ohio tenant rights to receive their security deposit in the following circumstances:

• Failed to pay rent

• Violated the lease

• Damaged the property extensively

• Caused a nuisance to other tenants

• Committed domestic violence or sexual assault

• Engaged in drug dealing or made illegal drugs on the property

• Engaged in conduct involving weapons or ammunition

For more information on Ohio tenant rights, visit the website listed at the beginning of this article.