Lakewood Landlord Laws: Absentee Or Present, Who's Affected?

The City of Lakewood, Ohio, has a high number of rental properties, and the state has a strong relationship between landlords and tenants. While each landlord can specify their own lease terms, Ohio has its own general guidelines to follow, outlined in the Ohio Landlord/Tenant Law, Ohio Revised Code (ORC) Chapter 5321. This law applies to all rental agreements, whether written or oral, and covers various aspects, including security deposits, rental agreements, and the duties of both landlords and tenants. It is not clear, however, if these laws specifically target absentee landlords.

Security deposits

In Lakewood, Ohio, landlords are permitted to collect a security deposit to cover any unpaid rent or damage to the property beyond normal wear and tear. There is no limit on the amount a landlord may require for a security deposit, but deposits of $50 or one month's rent (whichever is greater) must bear 5% annual interest if the tenant has been in the property for at least six months. This interest must be paid annually to the tenant.

Landlords must return the security deposit to the tenant within 30 days of the tenant giving up occupancy and terminating the tenancy. The landlord must provide a written itemization of any costs for repairs or unpaid rent deducted from the security deposit. If the landlord does not return the deposit within 30 days, or if the tenant feels that a portion of the deposit has been wrongfully withheld, the tenant may sue for the amount wrongfully withheld, plus reasonable attorney's fees. If the tenant has provided a written forwarding address, they may sue for double the amount they believe was wrongfully withheld. Security deposit claims for less than $3,000 can be brought by the tenant in Small Claims Court, without an attorney.

If the security deposit is more than one month's rent and the tenant stays for more than six months, the landlord must pay interest on the amount that is greater than one month's rent.

To ensure the return of their full security deposit, tenants should:

• Document the condition of the property at move-in and move-out, taking dated photos and videos showing the state of the walls, floors, appliances, etc.
• Clean the property thoroughly before moving out, including filling any holes and touching up paint.
• Notify the landlord of their move-out date and provide a forwarding address.
• Dispute any improper deductions in writing and quote the law if deductions seem unreasonable.
• Consult a lawyer if needed, especially for large disputed amounts.
• File official complaints with the state attorney general's office and local housing authority if the landlord unlawfully retains the deposit.

If a landlord wrongfully withholds a security deposit or makes improper deductions, tenants have several options for recourse, including suing the landlord in small claims court or consulting a tenant lawyer.

Rental agreements

• Agreement Terms: A rental agreement can be written or oral, but it must include the name and address of the landlord. If the agreement is oral, the landlord must provide this information in writing at the beginning of the tenant's occupancy.
• Ownership Disclosure: The rental agreement must also contain the owner's name and address, along with the name and address of the owner's agent, if applicable. This information must be provided in writing at the beginning of the rental agreement.
• Security Deposits: Landlords are permitted to collect security deposits to cover unpaid rent or property damage beyond normal wear and tear. These deposits must be returned to the tenant within 30 days after they vacate the premises, along with an itemized list of any deductions for repairs or unpaid rent.
• Rent Increases and Late Charges: In month-to-month agreements, landlords must provide 30 days' notice before raising rent. Lease agreements cannot have rent increases during their term. Late charges may be assessed as part of the rental agreement but must not be excessive or unreasonable.
• Terminating the Agreement: Either party can terminate a month-to-month rental agreement by giving 30 days' notice. Written lease agreements specify the method for termination or renewal, and landlords or tenants may terminate for non-compliance with certain laws, codes, or the rental agreement itself.
• Repairs and Maintenance: Landlords are responsible for keeping the rental property safe, sanitary, and in compliance with local housing, health, and safety codes. They must make repairs to maintain the property's habitability and ensure that all systems (electrical, plumbing, heating, etc.) are in good working order. Tenants, on the other hand, are responsible for keeping their occupied premises safe and sanitary, properly disposing of rubbish, and maintaining any appliances supplied by the landlord.
• Access to the Property: Landlords must give at least 24 hours' notice before entering a tenant's unit, except in cases of emergency. They must also ensure they are entering at reasonable times and not abusing their right of access.
• Eviction Procedures: Eviction procedures are outlined by the Landlord-Tenant Law and must be followed by landlords. Self-help evictions, such as shutting off utilities or changing locks, are illegal.
• Fair Housing Practices: Racial discrimination in housing is prohibited by the Civil Rights Act of 1866 and the Federal Fair Housing Law. Lakewood's Codified Ordinances further expand protected classes to include sexual orientation and gender identity or expression.

Landlord responsibilities

• Rental Agreement : The rental agreement must include the name and address of the landlord and owner, and it cannot contain any terms that conflict with the Ohio Landlord-Tenant Law. If the agreement is oral, the landlord must provide the name and address in writing at the beginning of the tenant's occupancy.
• Security Deposit : Landlords can collect a security deposit to cover unpaid rent or property damage beyond normal wear and tear. The deposit must be returned within 30 days after the tenant vacates the property, and the landlord must provide an itemized list of any deductions for repairs or unpaid rent.
• Building Maintenance and Safety : Landlords are responsible for keeping the building safe, sanitary, and in compliance with local housing, health, and safety codes. They must make repairs to maintain the building's fitness and habitability, including maintaining electrical, plumbing, heating, and ventilation systems.
• Common Areas : Hallways, stairs, and other common areas must be kept safe and sanitary.
• Garbage and Trash : Landlords with four or more units in the same building must provide garbage cans and arrange for pickup.
• Utilities : Landlords must provide running water and reasonable amounts of hot water and heat unless supplied directly by a public utility connection under the tenant's control.
• Access to the Property : Landlords must give at least 24 hours' notice before entering a tenant's unit, except in cases of emergency, and they must enter at reasonable times.
• Rent Increases : In a month-to-month agreement, landlords must provide 30 days' notice before raising the rent. In a lease agreement, rent cannot be increased during the term of the lease.
• Drug Activity : Landlords are required to evict tenants if they have knowledge or reasonable cause to believe that the tenant or their guests are engaged in drug activity on the premises.
• Grass and Weeds : Landlords must ensure that lawns are mowed and free from weeds. Grass or weeds taller than six inches are subject to citation and may be removed by the City of Lakewood at the landlord's expense.
• Lead Abatement : All contractors working on properties must have lead abatement training.
• Smoke and Carbon Monoxide Detectors : Lakewood requires tamper-resistant smoke detectors in all rental units. Carbon monoxide detectors must be plugged into a power outlet with a plug-restraining device unless they are directly wired to the building's power supply.

The City of Lakewood provides resources to assist landlords in understanding their responsibilities, including manuals, training seminars, and a landlord quiz.

Tenant responsibilities

Tenants in Lakewood, Ohio, have a number of responsibilities under the Ohio Landlord-Tenant Law. These responsibilities include:

• Keeping the premises they occupy safe and sanitary. This includes proper rubbish disposal and maintaining clean plumbing fixtures.
• Using electrical and plumbing fixtures properly.
• Complying with local housing, health, and safety codes.
• Refraining from any activities that may cause damage to the premises and ensuring their guests do the same.
• Maintaining appliances supplied by the landlord in good working order.
• Conducting themselves in a manner that does not disturb their neighbours and requiring guests and family members to do the same.
• Complying with state or municipal drug laws in connection with the premises and requiring household members and guests to do the same.
• Permitting the landlord to enter the dwelling unit if the request is reasonable and proper notice is given.
• Complying with the terms of the rental agreement, whether it is written or oral.
• Providing a forwarding address to the landlord in writing if they wish to sue for a wrongful withholding of the security deposit.
• Paying rent on time and in full.
• Giving the landlord notice if they intend to terminate the rental agreement.

Lease termination

Notice Periods

Tenants in Ohio can end their rental agreement at any time, but they may be subject to penalties if they don't have a valid reason for ending the lease early. There are specific notice periods that tenants must adhere to:

• Weekly Leases: Seven days' notice is required.
• Monthly Leases: 30 days' notice is required.
• Fixed-Term Leases: No notice is required, but tenants may be liable for the remaining rent due under the lease.

Written Notice

Tenants should provide written notice to their landlord, regardless of the type of lease. This notice should be delivered according to the landlord's preferred method, as stated in the lease. Verbal or oral leases should also be followed up with a written notice.

Landlord's Duty to Mitigate

If a tenant breaks their lease without a valid reason, the landlord has a duty to make reasonable efforts to re-rent the property. This means finding a new tenant as soon as possible to reduce their losses. The landlord cannot simply wait until the end of the original lease and then sue the tenant for the total amount of lost rent. However, if the landlord is unable to find a new tenant, the original tenant will be liable for the remaining rent due.

Valid Reasons for Breaking a Lease

There are several valid reasons that can justify breaking a lease without penalty:

• Active Military Duty: Tenants entering active military service have the right to break their lease under the Servicemembers Civil Relief Act (SCRA).
• Uninhabitable or Unsafe Conditions: If the rental unit violates health or safety codes, and the landlord fails to address these issues, a court may deem that the tenant has been "constructively evicted," releasing them from further rent obligations.
• Landlord Harassment or Privacy Violations: If a landlord repeatedly violates the tenant's privacy rights, such as changing locks without consent or entering the property without proper notice, the tenant may be considered "constructively evicted" and can break the lease.
• Repeated Lease Violations by Landlord: If the landlord violates the terms of the lease repeatedly, the tenant may be able to terminate the lease without penalties.
• Unenforceable Contract: If the landlord uses a contract that is not legally enforceable, the tenant may have grounds to break the lease.
• Mandatory Disclosure Violations: Landlords are required to provide certain disclosures by Ohio law, and failing to do so may give tenants the right to break the lease.
• Domestic Violence: Some states, including Ohio, offer protection to victims of domestic violence, allowing them to move out of the property as soon as possible.
• Lack of Reasonable Accommodations for Disabilities: If the rental unit does not provide reasonable accommodations for individuals with qualified disabilities, tenants may have grounds to break the lease.

Negotiating with the Landlord

Even if tenants don't have a valid reason to break their lease, they can try to negotiate with their landlord to minimize financial responsibility. This may include reaching a settlement or "buyout" agreement, agreeing to forfeit their security deposit and pay additional fees, or finding a new tenant to take over the lease. It is in the tenant's best interest to work with the landlord to find a solution, as breaking the lease can be costly and may affect their credit or future rental prospects.

Frequently asked questions