The Ohio sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Ohio?
A tenant does have to get the landlord’s explicit written permission to sublet in Ohio. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having a pet or a high debt-to-income ratio.
Standard Sublease Agreements in Ohio
Here’s what is typically included in an Ohio sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third party subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Rental Unit Location – The address for the rental unit as described in the original lease.
- Term – List the exact date of the sublease beginning and ending date.
- Rent – List how much the rent is, when, and how to pay it.
- Master Lease Inclusion – A copy of the Master Lease is attached to the sublease. If any exceptions in the Master Lease are not included they should be clearly stated in this section.
- Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor is responsible for paying for any damages as stated in the original lease agreement.
- Authorized Occupants – A list that identifies the new tenant(s) and those who are authorized to live in the rental unit including any policy about short-term guests.
- Security Deposit – The security deposit is held by the Sublessor (not the landlord). There is no limit on how much a landlord can collect for a security deposit in Ohio.
- Pet Deposit – If a tenant has a pet, the landlord can charge an additional pet deposit, except for service dogs and emotional support animals.
- Return of Security Deposit – Ohio landlords have 30 days after the lease ends and the tenant vacates the rental unit to return any unused portion of the security deposit.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease such as furniture or appliances.
- Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Smoking Policy – If smoking is restricted in the rental unit and any designated smoking areas are identified in the sublease.
- Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).
Tax Implications of a Sublease in Ohio
A sublessor may be subject to state and local taxes if they sublet a property for less than 30 days. For example, in Liberty Township, taxes may include:
- Ohio State Sales Tax – 5.75%
- Butler County Sales Tax – 6.5%
- Butler County Lodging Tax – 3%
- Liberty Township Lodging Tax – 3%