| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Ohio?
Ohio landlords have the right to enter a rental property for the following reasons:
- Inspecting the property.
- Maintenance and repairs, including decorations.
- Showing the property.
- Delivering bulky packages that don’t fit in the tenant’s mail receptacles.
- Emergencies.
Can a Landlord Enter Without Permission in Ohio?
Ohio landlords can legally enter a rental property without the tenant’s permission in emergencies, or other cases where there’s a provable reason that it’s not practically possible to give notice to the tenant.
Can a Landlord Enter Without the Tenant Present in Ohio?
Ohio landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in Ohio?
Ohio landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in Ohio?
Ohio landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Ohio?
Ohio landlords have to provide reasonable advance notice before entering rental property. The law assumes that 24 hours is reasonable notice unless there’s a provable reason for a different period of notice.
Can a Landlord Enter Without Notice in Ohio?
Ohio landlords can’t enter without proper advance notice, except in emergencies and other situations where there’s a provable reason that it’s not practically possible to give the renter notice before entry.
How Can Landlords Notify Tenants of an Intention To Enter in Ohio?
Ohio landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Ohio?
Ohio tenants can refuse landlord entry, as long as they have reasonable grounds to refuse (for example, if the landlord wants to do non-emergency maintenance at 2:00 AM on a weeknight). The landlord always has to get the tenant’s consent for entry, unless there’s an emergency.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Ohio?
Ohio landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Start an eviction action against the tenant.
- Cancel the rental agreement.
- Recover cost of any actual damages through a lawsuit.
- Recover reasonable attorney fees from the tenant through a lawsuit (only after proving actual damages).
Can a Tenant Change the Locks Without Permission in Ohio?
Ohio tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Ohio?
Ohio tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Cancel the rental agreement.
- Get a court order to ban the landlord from entering.
- Recover cost of any actual damages from the landlord through a lawsuit.
- Recover reasonable attorney fees from the landlord through a lawsuit.
- Use the unwarranted entries as evidence in a claim of landlord retaliation.
Sources
- 1 Oh. Rev. Code § 5321.05(B) (2022)
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“The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver parcels that are too large for the tenant’s mail facilities, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.”
Source Link - 2 Oh. Rev. Code § 5321.04(A)(8) (2022)
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“A landlord shall… Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of the landlord’s intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.”
Source Link - 3 Oh. Rev. Code § 5321.04(A)(7) (2022)
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“A landlord shall… Not abuse the right of access conferred by division (B) of section 5321.05 of the Revised Code [requiring tenant to allow all access requests that aren’t unreasonable].”
Source Link - 4 Oh. Rev. Code § 5321.05(C)(1) (2022)
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“If the tenant violates any provision of this section, other than division (A)(9) of this section [tenant’s obligation not to violate laws against controlled substances], the landlord may recover any actual damages that result from the violation together with reasonable attorney’s fees. This remedy is in addition to any right of the landlord to terminate the rental agreement, to maintain an action for the possession of the premises, or to obtain injunctive relief to compel access under division (B) of this section.”
Source Link - 5 Jemo Associates, Inc. v. Garman, 70 Ohio St. 2d 267, 272 (Ohio 1982)
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The landlord entry law contains the same language regarding attorney fees as the anti-retaliation statute, which has been held to require actual damages. “The language of R.C. 5321.02(B) [recovering damages together with attorney’s fees for landlord retaliation] expressly conditions the award of attorney’s fees on a finding that the tenant suffered actual damages.”
Source Link - 6 Oh. Rev. Code § 5321.04(B) (2022)
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“If the landlord makes an entry in violation of division (A)(8) of this section [requiring entry at reasonable times, with reasonable notice], makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney’s fees, or may terminate the rental agreement.”
Source Link - 7 Cont'l Enters., Ltd. v. Franklin, No. 102899, 14 (Ohio Ct. App. 2016)
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“The Franklins’ retaliation claim states that the activities complained of ‘collectively’ constitute a violation of R.C. 5321.02 [prohibiting retaliatory acts by the landlord]. The allegations include the failure to exercise reasonable care in performing the washer dryer installation, unreasonable demands for access to the unit without notice for indefinite periods and at inconvenient times, failure to correct unsafe conditions, deprivation of use of a portion of the Unit, and frivolously filing the lawsuit in December 2013. Further to the R.C. 5321.02 elements of a change in rent or services, the Franklins were deprived of the full use of their guest room, and the removal of a closet, from late October 2013 forward and, as the trial court stated, the installation was incomplete by the end of December 2013. In implementing its washer/dryer installation project in October 2013 Continental served notice on the Franklins of the various times that it wanted access to the unit, sometimes for consecutive days at a time between the hours of 8:00 a.m. and 5:00 p.m.”
Source Link
