An Ohio lease agreement is more than just a piece of paper; it’s the foundation of a strong landlord-tenant relationship and helps set the tone for your leasing experience. Whether you own property in Columbia, Cleveland, or anywhere in between, a solid lease agreement outlines expectations and helps protect your investment.
Disclosures (2)
In Ohio, certain disclosures are non-negotiable when signing your Ohio lease agreement. Providing these disclosures upfront helps build trust with your tenant and limits your liability.
- Lead-based paint: Federal law requires all landlords to disclose known information about lead-based paint and its hazards before the lease of most homes built before 1978.
- Name and address of property owner: Landlords must include the property owner’s contact information with an Ohio lease agreement.
Optional Disclosures and Addenda
Georgia law does not require these optional disclosures, but it’s a good idea to include them to build trust and remain compliant.
Asbestos: Informs tenants of any asbestos-related hazards in the home, as well as tips to minimize any risk.
Bed bugs: Discloses if the unit or any adjacent units have a history of suspected or confirmed bed bug infestations.
Late/returned check fees: Outlines fees associated with late rent or a returned check. In Ohio, late fees must be “reasonable,” and returned check fees are capped at $30 or 10 percent of the check, whichever is greater.
Medical marijuana use: Discusses the policy regarding the use of medical marijuana on the property.
Mold disclosures: Informs tenants of any suspected mold issues on the property, as well as treatment options.
Move-in checklist: Provides a detailed checklist of the current condition of the unit at move-in. Landlords can use this list to compare the condition at move-out to help calculate any necessary deductions.
Non-refundable fees: Any non-refundable fees not agreed to by the tenant may be refunded at the end of the lease term. Any non-refundable fees must be outlined and agreed to in the lease.
Shared utilities arrangements: If there are any shared utility meters, landlords must disclose the method for dividing costs.
Smoking: Outlines the smoking policy for the unit, including any designated smoking areas that won’t disturb other residents.
Consequences of Not Including Mandatory Disclosures
If a landlord fails to provide any of the mandatory disclosures with their Ohio lease agreement, the consequences can be steep. They can face penalties, including legal fees, legal action, and other consequences.
Security Deposit Regulations in Ohio
There are specific rules surrounding security deposits in Ohio. From collecting a security deposit to how much you can deduct, here’s what you need to know for your Ohio lease agreement.
Maximum amount: Ohio law does not set a limit on the amount that landlords can charge as a security deposit.
Deposit receipt: Landlords are not required to provide a receipt for the security deposit to the tenant.
Interest payments: Landlords are required to pay interest on a security deposit after the tenant has lived in the unit for 6 months, if the deposit was more than $50 or 1 month’s rent, whichever is greater (5321.16A).
Security deposit return: Security deposits must be returned, minus any deductions, within 30 days of the end of the lease (5321.16B).
Deductions: If landlords will make any deductions, an itemized list must be provided to the tenant within 30 days of the lease termination (5321.16B).
Rent Payment Regulations
There are also laws in place in Ohio surrounding rent payment. From late rent fees to a tenant’s right to withhold rent, understanding the rules ensures your processes are fair and enforceable.
Rent control/stabilization: Rent control and rent stabilization do not exist in Ohio. HB 430 was enacted in 2022, which banned local municipalities from enacting any rent control or stabilization in the state (5321.19).
Late rent fees: There is no state-mandated cap on the amount that landlords can charge in late rent fees; however, these fees must be reasonable and clearly outlined in the lease (5321.14).
Grace period: There is no required grace period in Ohio, although many landlords choose to include one in their Ohio lease agreement (1923.04A).
Tenant’s right to withhold rent: Tenants may file to deposit their rent with the court clerk if the landlord fails to make necessary repairs within 30 days of being notified (5321.04)
Violations
When tenants violate their Ohio lease agreement, state law is clear on the rights and responsibilities of landlords. Following these regulations protects you if any issues arise.
Lease violation: Any violation of an Ohio lease agreement grants the landlord permission to issue a 3-day notice to quit. Any eviction notice in Ohio must include the following: “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance” (1923.04A).
Missed rent payment: If a tenant misses their rent payment, the landlord may issue a 3-day notice to quit (eviction notice) (1923.04A).
Lease abandonment: Ohio law does not clearly outline the procedure for lease abandonment, although landlords may be able to receive financial compensation from a tenant if they abandon their lease early. Include language in your Ohio lease agreement that will help protect you (5321.12).
Self-help evictions: In Ohio, self-help evictions are illegal, and landlords should never attempt to remove tenants on their own (5321.15).
Terminating a Lease
Whether you or your tenant wants to end your Ohio lease agreement, you must follow specific rules. Here’s what you need to know.
Standard lease: Tenants may choose to end their lease early if their landlord fails to uphold their responsibilities, such as creating and maintaining a safe and habitable environment (5321.04).
Month-to-month: Either the landlord or tenant may end a month-to-month Ohio lease agreement by giving the other party 30 days’ notice (5321.17).
Property abandonment: Ohio doesn’t have any specific laws regarding what a landlord may do with abandoned property. Landlords cannot seize any property to cover rent unless granted by a court order (5321.15).
Renewing a Lease
If things are going well with your tenant, renewing your Ohio lease agreement can be a great way to save time and expense by avoiding the process of finding a new tenant. But do you have to renew a lease, even if you don’t want to? Read on to learn more.
Notice requirements: In a week-to-week lease, landlords must give at least 7 days’ notice if they will not be renewing the lease. For month-to-month leases, at least 30 days’ notice must be given (5321.17).
Renewals: Ohio landlords are not required to renew a tenant’s lease at the end of its term, but they may not refuse renewal as retaliation against the tenant (5321.02).
Landlord’s Access to Property
Whether for routine maintenance or a true emergency, landlords must occasionally enter the unit, but they must follow specific rules. Follow these guidelines to help maintain your property while also respecting your tenant’s privacy.
Immediate access: In the event of an emergency, landlords may access the property without giving notice (5321.04.A8).
Notice requirements: Ohio landlords must provide tenants with a minimum of 24 hours’ notice before entering a unit and should only do so during reasonable hours (5321.04.A8).
Harassment: If a landlord repeatedly enters the unit without just cause or without giving notice, it may be considered landlord harassment. In this case, the tenant may be able to legally terminate their lease early without penalty (5321.04.B).
