Under Ohio law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under Ohio Revised Code Chapter 5321, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Ohio, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Ohio’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Depends on Lease |
| Garbage Containers/Removal | Only Multi-Unit Property | Only Multi-Unit Property |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In Ohio, repairs must be made within a “reasonable time” after getting written notice from tenants, which the law limits to an absolute maximum of 30 days. If repairs aren’t made in a timely manner, Ohio tenants can sue the landlord for repairs, cancel the rental agreement, or withhold rent by depositing it with the clerk of the court in an escrow account. Read more
Ohio law permits landlords to evict tenants for the following reasons:
At-will tenants are entitled to 30 days of notice before being asked to move out without cause. Landlords are also prohibited from evicting tenants for retaliatory or discriminatory reasons.
Ohio landlords cannot file a successful eviction in court without providing the tenant enough advance notice to vacate the premises, even when there is otherwise cause to evict. Properties covered by the federal CARES Act are federally entitled to a minimum 30 days of advance notice before a landlord can file eviction. This applies even after the act’s other protections have expired. [1]
It’s illegal for Ohio landlords to retaliate against tenants with raised rent, reduced services, or threatened eviction. Under Ohio law, tenants are protected when they take certain actions like reporting health and safety violations, but unlike in most states, tenants also must provide specific evidence of a landlord’s retaliatory motivation.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirement: Ohio landlords are not entitled to a notice of termination for a lease with a fixed end date. Tenants who pay on a periodic basis must give the following amount of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Tenants are allowed to legally break a lease early for the following reasons:
If an Ohio tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Ohio does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Ohio does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Ohio state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: The Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, familial status, or disability. This law does not apply to some owner-occupied homes or homes operated by religious organizations. Ohio state law further protects tenants from being discriminated against due to their military status.
Discriminatory Acts and Penalties: The Ohio Civil Rights Commission administers and enforces housing discrimination law. The following actions may be interpreted as discriminatory when directed at a member of a protected class:
Victims of housing discrimination can file a report with the Ohio Civil Rights Commission on their website.
In addition to having laws that address general issues like repairs and security deposits, most states, including Ohio, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Ohio landlords have the right to enter rental property for inspections, maintenance, property showings, and certain oversize package deliveries. The law requires that landlords usually provide at least 24 hours of advance notice before any entry. Emergency situations don’t require notice, and with provable reason, the landlord or tenant can require entry on more or less notice than 24 hours.
The following laws apply to the collection of rent and related fees.
Local Laws: Cities and towns can enact their own rules. For example, there are limits on late fees in Cincinnati, Cleveland, and Dayton.
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $6,000. Ohio Small Claims Court is a division of County or Municipal Court. The process takes approximately three to six weeks.
Ohio landlords are only required to make two kinds of disclosures to tenants:
Ohio’s current landlord-tenant laws prohibit landlords from unilaterally changing the locks as a form of eviction. The law is otherwise silent on the topic of locks. Ohio tenants may therefore change their locks as long as the landlord still keeps a right of access and the lease doesn’t prohibit such actions.
Many cities in Ohio have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
We conclude that 15 U.S.C. 9058(c)(1) requires that a lessor of covered dwelling must provide a tenant with a notice to vacate 30 days before filing a forcible entry and detainer action.
Can a Landlord Enter Without Permission in Ohio? Ohio law requires that a landlord enter only with the tenant's permission, unless there's an emergency or another provable reason it's not practically possible to get permission before entry. Read more » Is Ohio a “Landlord Friendly” State? Ohio is a fairly landlord-friendly state. There are few regulations regarding disclosures, and rent control is prohibited under statewide law. Read more » What Are a Tenant’s Rights in Ohio? Tenants in Ohio have the right to habitable space and have requested repairs made in a timely manner. If repairs aren't made after proper notice, a tenant can sue the landlord for costs or an injunction, or possibly withhold rent into a court-approved escrow account. Read more » Can a Tenant Change the Locks in Ohio? Ohio laws don't restrict a tenant changing locks, so this is allowed as long as it's not prohibited by the rental agreeement. Landlords are prohibited from unilaterally changing the locks as a form of eviction. Read more »
