An Ohio month-to-month lease agreement is a rental arrangement in which the contract continues every month and remains in effect until either the landlord or the tenant provides the proper notice to end it.
This type of residential rental agreement creates a tenancy at will, giving Ohio landlords a flexible option that still carries critical legal responsibilities. Landlords must comply with state rules on disclosures, notice requirements, rent practices, security deposits, and evictions.
Here, we’ll take a closer look at the main laws that apply to an Ohio month-to-month lease agreement.
Disclosures (2)
Ohio landlords are required to include specific disclosures with their lease template. These disclosures ensure tenants understand essential information about the property and their relationship with the landlord.
- Lead-based paint: For any rentals built before 1978, Federal law requires Illinois landlords to disclose any known information about lead-based paint and its hazards.
- Landlord’s name and address: Landlords must disclose their name and address (or the contact information of their agent) to ensure tenants know where to send notices and rent payments (Ohio Rev. Code § 5321.18).
Optional Disclosures and Addenda
Some disclosures, while not required by Ohio law, are still beneficial. Consider adding these disclosures to avoid confusion and keep everyone on the same page.
Asbestos: Provides information about any known asbestos in the unit and ways to avoid or limit exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or adjacent units.
Late/returned check fee: Discloses fees for late rent or returned checks. In Ohio, there are no limits on late fees, but they must be “reasonable.” Returned check fees are capped at $30 or 10% of the check, whichever is greater.
Medical marijuana use: Details the guidelines for the use of medical marijuana on the property, as some states allow landlords to limit or restrict its use.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, along with strategies for remediation.
Move-in checklist: Lists the condition of the unit at the time of move-in, to calculate accurate security deposit deductions at move-out.
Non-refundable fees: Lists any fees that you will not refund or return at the end of the tenancy.
Shared utilities: Explains how you divide utility costs between any tenants that share a utility meter.
Smoking: Details the smoking policy for the rental, including any designated smoking.
Additional Ohio Month-to-Month Lease Laws
Ohio month-to-month lease agreements must comply with state rules related to notice, rent changes, lease violations, evictions, security deposits, and property access. These laws help ensure consistent and predictable rental experiences for both landlords and tenants.
Notice to Terminate a Month-to-Month Agreement
Ohio law outlines the timelines for terminating a month-to-month lease.
Required notice for tenant: Tenants must provide at least 30 days’ written notice before ending a month-to-month tenancy in Ohio (Ohio Rev. Code § 5321.17(B)).
Required notice for the landlord: Landlords must also give tenants at least 30 days’ written notice when terminating an Ohio month-to-month lease agreement (Ohio Rev. Code § 5321.17(B)).
The 30-day notice period applies statewide and must coincide with the rental period.
Laws Governing Rent Increases
Ohio does not have statewide rent control or rent stabilization laws. Landlords may increase rent as needed, but they must give tenants at least 30 days’ written notice before the new rental rate goes into effect. Landlords should avoid discriminatory or retaliatory rent increases, as Ohio and federal law prohibit these actions.
Some Ohio cities may have local ordinances addressing rental practices, but these do not impose rent caps. Always follow all local laws regarding rent increases.
Lease Violations and Eviction
Ohio law outlines specific steps landlords must take when a tenant violates the lease or fails to pay rent. Following these procedures helps landlords maintain compliance and avoid delays in the eviction process.
Missed rent payment: If a tenant fails to pay rent, the landlord may serve a 3-day Notice to Quit. If the tenant fails to pay rent within that time, the landlord may initiate eviction proceedings in court (Ohio Rev. Code § 1923.04).
Lease violation: For violations other than unpaid rent, landlords also issue a 3-day Notice to Quit. Ohio law does not require landlords to offer a cure period, but including one in the lease is allowed (Ohio Rev. Code § 1923.04).
Lease abandonment: If a tenant abandons the rental early without notice, they may still owe rent for the remainder of the rental period. Ohio requires landlords to make reasonable efforts to re-rent the unit to reduce losses (Ohio Rev. Code § 5321.12).
Self-help evictions: Self-help evictions, including lockouts, utility shutoffs, or removal of tenant property, are illegal. All evictions must go through the court system, and landlords must avoid self-help measures (Ohio Rev. Code § 5321.15).
Rent Payment Laws
Ohio’s rent payment laws are relatively straightforward. Here’s what you need to know in The Buckeye State:
Rent control/stabilization: Rent control or stabilization does not exist at the state level in Ohio.
Late rent fees: State law does not limit the amount landlords can charge as a late fee, but the fee must be “reasonable” and clearly outlined in the lease (Ohio Rev. Code § 5321.14).
Grace period: Ohio law does not require landlords to give tenants a grace period for late rent. You can issue a 3-day Notice to Quit if your tenant fails to pay rent by the due date (Ohio Rev. Code § 192304(A)).
Tenant’s right to withhold rent: In Ohio, tenants may withhold rent and file to deposit their rent with the court clerk if the landlord does not make necessary repairs within 30 days of being notified (Ohio Rev. Code § 5321.04).
Pet rent laws: You may charge a pet deposit or a monthly pet rent, as long as the amount is reasonable and clearly outlined in the lease agreement template.
Security Deposits
Ohio regulates security deposits, including how much landlords may charge and when they must return the funds.
Maximum amount: Ohio law does not limit the amount landlords can charge as a security deposit, but they must clearly outline the amount within the lease agreement.
Deposit receipt: Landlords do not need to provide their tenants with a receipt for their security deposit.
Interest payments: Landlords must pay interest on any portion of the deposit exceeding $50 if the tenant occupies the unit for more than six months (Ohio Rev. Code § 5321.16(A)).
Security deposit return: Landlords must return the deposit and an itemized list of deductions within 30 days after the tenant moves out and provides a forwarding address (Ohio Rev. Code § 5321.16(B)).
Deductions: Landlords may take deductions from the security deposit for unpaid rent or damages beyond normal wear and tear. Failure to return the remaining deposit within the required timeframe may result in financial liability (Ohio Rev. Code § 5321.16(C)).
Property Access Laws
Property access laws help define when a landlord may enter the rental and what steps they must take to respect the tenant’s privacy.
Advance notice: Ohio landlords must give their tenants at least 24 hours’ notice before entering the unit and may enter only at reasonable times (Ohio Rev. Code § 5321.04(A)(8)).
Immediate access: In the case of an emergency, landlords have immediate access to the property (Ohio Rev. Code § 5321.04(A)(8)).
Harassment: There are three situations that state law considers harassment: giving tenants less than 24 hours’ notice, unreasonable legal entries, or repeated requests for entry without just cause. In these cases, the tenant may be able to sue for damages, get a court order restricting further entries, or terminate the lease early (Ohio Rev. Code § 5321.04(B)).
