Most places, including Ohio, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Ohio Implied Warranty of Habitability
In Ohio, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Ohio
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Depends on Lease |
| Washer & Dryer | No | Depends on Lease |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Only Multi-Unit Property | Only Multi-Unit Property |
| Garbage Pickup | Only Multi-Unit Property | Only Multi-Unit Property |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Sometimes |
| Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating & Air Conditioning in Ohio
Ohio landlords must provide heating for rental properties. They don’t have to provide air conditioning, but they do have to keep it in good working order if there’s an air conditioner within the rental property.
Are Landlords Required to Provide Air Filter Replacements in Ohio?
Ohio landlords don’t have to replace things like air filters, unless required ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Ohio
Ohio landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in Ohio?
Ohio landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Ohio?
Ohio landlords must fix clogs that keep the plumbing from being in good and safe working condition.
Are Landlords in Ohio Responsible for Fixing Leaks?
Ohio landlords must fix leaks that keep the plumbing from being in good and safe working condition.
Landlord Responsibilities for Kitchen Appliances in Ohio
Ohio landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. If the landlord provides them, the landlord can put terms in the lease requiring the tenant to maintain them. Otherwise, the landlord has to maintain such appliances.
Landlord Responsibilities for Electrical Issues in Ohio
Ohio landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Ohio?
Ohio landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Ohio
Ohio landlords overseeing a rented structure with four or more units must provide and maintain outside garbage containers and garbage removal services. For smaller properties, it’s the tenant’s responsibility.
Landlord Responsibilities for Landscaping in Ohio
Ohio landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Ohio
Ohio landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in Ohio
Ohio landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Ohio
Ohio landlords must repair broken windows the tenant didn’t cause, since this is a health and safety issue. There’s no legal obligation for the landlord to provide or repair any cosmetic window features like blinds, which don’t directly affect health and safety.
Landlord Responsibilities Regarding Safety Devices in Ohio
Ohio landlords are responsible for providing and maintain required smoke alarms and carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Ohio?
Ohio landlords are responsible for replacing safety device batteries, since safety devices are appliances required to be supplied by the landlord.
Landlord Responsibilities for Washers and Dryers in Ohio
Ohio landlords are not required to furnish their rental properties with a working washer and dryer. If the landlord provides them, the landlord can put terms in the lease requiring the tenant to maintain them. Otherwise, the landlord has to maintain such appliances.
Renter’s Rights for Repairs in Ohio
Ohio renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must notify the landlord of the issue in writing. The issue must then be fixed within a reasonable time (up to 30 days).
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, ask a court to order repairs or compensation, or withhold rent. The renter isn’t allowed to repair and deduct.
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. In such cases, the landlord’s only obligation is reasonable behavior, and the tenant’s only remedy is monetary damages. Check leases carefully.
Sources
- 1 Oh. Rev. Code § 5321.04(A)(1) - (A)(4) (2022)
-
“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)
-
“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 § 5321.06 (2022)
-
“A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321. of the Revised Code or any other rule of law.”
Source Link - 4 Howard v. Simon, 18 Ohio App. 3d 14, 16 (Ohio Ct. App. 1984)
-
“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 - 5 Oh. Rev. Code § 5321.05(A)(1) - (A)(6) (2022)
-
“A tenant who is a party to a rental agreement shall do all of the following: (1) Keep that part of the premises that he occupies and uses safe and sanitary; (2) Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner; (3) Keep all plumbing fixtures in the dwelling unit or used by him as clean as their condition permits; (4) Use and operate all electrical and plumbing fixtures properly; (5) Comply with the requirements imposed on tenants by all applicable state and local housing, health, and safety codes; (6) Personally refrain and forbid any other person who is on the premises with his permission from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises…”
Source Link - 6 Oh. Rev. Code § 5321.05(A)(7) & (A)(8) (2022)
-
“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 January Invests., L.L.C. v. Ingram, No. CA2009-09-127, 9 (Ohio Ct. App. 2010)
-
“[L]ight fixtures, landscaping, blinds and ‘chimney sweeps etc.’ are not within the reach of the Ohio Landlord Tenant Act.”
Source Link - 8 Oh. Rev. Code § 3781.104(A)(1) (2022)
-
“Each dwelling unit shall have smoke detector devices approved by the board…”
Source Link - 9 Ohio State Fire Marshal Code Enforcement, Carbon Monoxide Detectors (Now Required by the OFC), para. 1 (Apr. 13, 2021)
-
“[L]ife saving [carbon monoxide] detection equipment is required in new and existing buildings in certain instances where CO sources exist.”
Source Link - 10 Oh. Rev. Code § 5321.07(A) (2022)
-
“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 - 11 Oh. Rev. Code § 5321.07(B) (2022)
-
“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 - 12 Oh. Rev. Code § 5321.12 (2022)
-
“In any action under Chapter 5321. of the Revised Code, any party may recover damages for the breach of contract or the breach of any duty that is imposed by law.”
Source Link - 13 Oh. Rev. Code § 5321.07(C) & (D) (2022)
-
“(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
