When a renter in Ohio can’t obtain necessary repairs, before beginning a court case it’s usually possible to file a report with the proper government departments about the unsafe conditions on the property. Code inspectors have the power to order repairs or fine noncompliant landlords.
What Are Considered Unsafe Living Conditions in Ohio?
In Ohio, unsafe living conditions exist when a rental property doesn’t have safe and working:
- Plumbing.
- Required utilities.
- Heating and, where provided, air conditioning.
- Hot water.
- Required smoke alarms and carbon monoxide (CO) detectors.
- Provided appliances (except those the landlord explicitly exempts in the lease by following the legal requirements for doing so).
- Garbage containers and removal (for multi-unit properties only).
- Common areas.
- Features that affect health, safety, or habitability.
What Should Tenants Do Before Reporting a Violation in Ohio?
In most cases, before reporting a violation, a tenant in Ohio must notify the landlord in writing about the issue and ask him to fix it within a “reasonable” time (up to 30 days).
Note that this may not apply to student tenants, or in special cases where a small-scale landlord properly makes required written disclosures to the tenant.
How Can Tenants Report a Violation in Ohio?
Tenants in Ohio should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality.
Location | Organization | Contact |
Columbus | Building & Zoning Services | Online Form |
Cleveland | Division of Code Enforcement | Call (216) 664-2007 or email |
Cincinnati | Property Maintenance Division | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Columbus?
A tenant in Columbus can report a health or safety violation by calling Building & Zoning Services at (614) 645-7433 or using the provided online form. The website requires account creation. Select an issue, provide a location and a detailed description, attach supplemental documentation if available, and submit.
How Can a Tenant Report a Health or Safety Violation in Cleveland?
A tenant in Cleveland can report a health or safety violation by calling the Division of Code Enforcement at (216) 664-2007 or writing a complaint via email. Be prepared to provide a location, a detailed description of the issue, and contact information, as well as supplemental documentation if available.
How Can a Tenant Report a Health or Safety Violation in Cincinnati?
A tenant in Cincinnati can report a health or safety violation by calling the Property Maintenance Division at (513) 591-6000 or using the provided online form. Select a location, describe the issue and attach supplemental documentation (if available), enter contact information, and submit.
What Could Happen to a Landlord After a Complaint Is Made in Ohio?
After a tenant files a complaint about unsafe living conditions in Ohio, an officer may inspect the property. The landlord must fix noted code violations. Otherwise, the landlord could be fined and the local government might file to condemn the property.
Sources
- 1 Oh. Rev. Code § 5321.04(A)(1) - (A)(4) (2022)
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“A landlord who is a party to a rental agreement shall do all of the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a safe and sanitary condition; (4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by the landlord…”
Source Link - 2 Oh. Rev. Code § 5321.04(A)(5) & (A)(6) (2022)
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“A landlord who is a party to a rental agreement shall do all of the following: (5) When the landlord is a party to any rental agreements that cover four or more dwelling units in the same structure, provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of a dwelling unit, and arrange for their removal; (6) Supply running water, reasonable amounts of hot water, and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.”
Source Link - 3 Oh. Rev. Code § 3781.104(A)(1) (2022)
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“Each dwelling unit shall have smoke detector devices approved by the board…”
Source Link - 4 Ohio State Fire Marshal Code Enforcement, Carbon Monoxide Detectors (Now Required by the OFC), para. 1 (Apr. 13, 2021)
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“[L]ife saving [carbon monoxide] detection equipment is required in new and existing buildings in certain instances where CO sources exist.”
Source Link - 5 Howard v. Simon, 18 Ohio App. 3d 14, 16 (Ohio Ct. App. 1984)
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“In the instant case [where the landlord frequently failed to turn on the air conditioning system], there was sufficient evidence for the finder of fact to determine that the frequent absence of air conditioning over a two-summer period breached the covenant [of habitability].”
Source Link - 6 Oh. Rev. Code § 5321.05(A)(1) - (A)(6) (2022)
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“A tenant who is a party to a rental agreement shall do all of the following: … (7) Maintain in good working order and condition any range, regrigerator [sic], washer, dryer, dishwasher, or other appliances supplied by the landlord and required to be maintained by the tenant under the terms and conditions of a written rental agreement; (8) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.”
Source Link - 7 Oh. Rev. Code § 5321.07(A) (2022)
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“If a landlord fails to fulfill any obligation imposed upon him by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section [requiring landlord to evict tenants guilty of certain controlled substances violations], or any obligation imposed upon him by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes that apply to any condition of the premises that could materially affect the health and safety of an occupant, the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid.”
Source Link - 8 Oh. Rev. Code § 5321.07(B) (2022)
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“If a landlord receives the notice described in division (A) of this section [written notice demanding correction of a violation] and after receipt of the notice fails to remedy the condition within a reasonable time considering the severity of the condition and the time necessary to remedy it, or within thirty days, whichever is sooner, and if the tenant is current in rent payments due under the rental agreement, the tenant may do one of the following: (1) Deposit all rent that is due and thereafter becomes due the landlord with the clerk of the municipal or county court having jurisdiction in the territory in which the residential premises are located; (2) Apply to the court for an order directing the landlord to remedy the condition. As part of the application, the tenant may deposit rent pursuant to division (B)(1) of this section, may apply for an order reducing the periodic rent due the landlord until the landlord remedies the condition, and may apply for an order to use the rent deposited to remedy the condition. In any order issued pursuant to this division, the court may require the tenant to deposit rent with the clerk of court as provided in division (B)(1) of this section. (3) Terminate the rental agreement.”
Source Link - 9 Oh. Rev. Code § 5321.07(C) & (D) (2022)
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“(C) This section does not apply to any landlord who is a party to rental agreements that cover three or fewer dwelling units and who provides notice of that fact in a written rental agreement or, in the case of an oral tenancy, delivers written notice of that fact to the tenant at the time of initial occupancy by the tenant.
“(D) This section does not apply to a dwelling unit occupied by a student tenant.”
Source Link