Free Ohio Rental Lease Agreement


Ohio Rental Lease Agreement

Do you have all the details of the rental laws applicable in the state of Ohio? Before signing a rental lease agreement in Ohio, it is wise to know your rights and obligations. In this article, we explore all the details you need to know about security deposits, lease, rent, fees, notices, and entry, among others.

  • The Official Rules and Regulations

    • Landlord and Tenant Laws – Ohio Rev. Code Ann. §§ 5321.01 – 5321.19

    • Residential Rental Property Laws – Ohio Rev. Code Ann. §§ 5323.01 – 5323.99

  • Security Deposit

    • The state of Ohio doesn’t have a statute for the security deposit maximum.

    • Regarding the security deposit interest, the Ohio rental lease agreement, if a tenancy is longer than 6 months long, a 5 percent interest per annum is payable to the tenant annually on the amount of any deposit exceeding $50, or one month’s rent; whichever is greater.

    • No statutes exist for setting up of separate deposit bank accounts, pet deposits, and non-refundable fees.

    • The deadline for returning the security deposit is 30 days from the move-out date.

    • The permitted uses of the security deposit include Payment of past due rent and the payment of damages due to a tenant’s noncompliance with either the rental agreement or the statutory obligations of the tenant.

    • It is a requirement to prepare a written description or an itemized list of damages and charges.

    • The state of Ohio has no statute for record keeping of deposit withholdings or the receipt of the deposit.

    • Noncompliance: if the landlord fails to provide an itemized list of damages, the tenant could sue to recover the amount of money withheld by the landlord, as well as the damages that equal the amount withheld wrongfully, plus reasonable attorney fees.

  • Lease, Fees, and Rent

    • According to the rental laws in the state of Ohio, and the lease agreement documents, rent is due as stated in the lease. However, the state doesn’t have statutes covering rent increase notices, prepaid rent, or the rent grace period.

    • On matters relating to Late Fees, no statute exists. However, the case law allows for limited fees if specified in the lease.

    • A returned check attracts a fee of not more than $30, or 10 percent of the check; whichever is greater.

    • A tenant can withhold rent for the landlord’s failure to provide essential services such as water and heat. But, withholding rent is only limited to specific situations. Rather than paying rent to the landlord’s account directly, a tenant could deposit the rent with a clerk of the court with jurisdiction over the premises. Before doing this, the tenant needs to give the landlord a written notice of their failure to fulfill the set obligations.

    • The laws, however, do not state whether or not a tenant can repair and deduct rent.

    • Regarding attorney fees, the state of Ohio allows either the tenant or the landlord to recover attorney fees but, only in some special circumstances. However, the rental lease agreement has no provisions for the payment of landlord and tenant attorney fees. The landlord recovers the fees if the tenant violates the statutory tenant obligations and the tenant recovers the fees if the landlord fails to comply with the security deposit rules.

    • No statute exists on whether or not the landlord should make a reasonable attempt to mitigate damages to the lessee or to make any efforts to re-rent the property.

    • Also, no statutes give directions for abandonment and early termination fees.

  • Notices and Entry

    • No notice is required for the termination of fixed-end date leases as they expire naturally.

    • 30-days’ notice should be given for termination of monthly leases and 7-day notices given for the termination of weekly leases.

    • No statutes govern the notices to be issued when terminating tenancies within 24 hours or the time and date of move-out inspections.

    • The notice of lease termination for nonpayment is a 3-day written notice, as is the case with the termination of a lease for violation of terms.

    • If a tenant fails to fulfill their obligations, a 30-day written notice is given for the violation. The notice should have on it the date on which the rental lease agreement gets terminated.

    • If a tenant engages in drug-related activity, the notice of termination is 3-day written notice.

    • Reasonable notice is required before entry. 24 hours is ideal.

    • For non-emergency maintenance and repairs, notice is required but, notice isn’t necessary in case of an emergency

    • No statutes are set for entry after a tenant’s extended absence or pesticide use.

    • No lockouts or utility shut-offs are allowed.

Disclosures and Miscellaneous Notes

This part of the rental agreement has the name and addresses, landlord obligations, domestic violence situations, landlord and tenants’ obligations, Lead disclosure, retaliation, and eviction of tenant that allows sex or a child-victim offender to occupy premises close to a school.

Court Related Matters

The Ohio Small Claims Court has set its limits at $3,000, and it doesn’t allow eviction cases.

The statute of limitations recognizes written contracts for 8 years,

You could get legal help from the Supreme Court, the Judicial System, the Attorney general or the State Bar Association. The Legal Aid too.

Business Licenses

The state of Ohio lacks state-wide statutes on business licenses, but the local counties and cities may require the licenses.

Now that you have the basic rental laws in mind, you can get our free online Ohio rental lease agreement form here.