Renting A Room In Ohio: Understanding Legal Requirements

If you're looking to rent out a room in Ohio, there are a number of laws and regulations you need to be aware of. These laws apply to both landlords and tenants and cover a range of issues, including security deposits, rent payments, and maintenance and repair responsibilities. Understanding these laws is crucial to ensure compliance and avoid potential legal issues.

Landlord and tenant rights and responsibilities

In Ohio, landlords and tenants have automatic rights and responsibilities under the Ohio Revised Code Chapter 5321, which covers rental agreements for residential premises.

Landlord Responsibilities

Landlords in Ohio are legally required to ensure that their properties meet basic health and safety requirements. They must provide certain amenities, such as garbage containers/removal and smoke and carbon monoxide detectors, especially in multi-unit properties.

Landlords are also responsible for making necessary repairs in a timely manner. Repairs must be completed within 30 days of receiving written notice from tenants.

Other responsibilities include:

• Complying with building, housing, health, and safety codes
• Keeping common areas safe and sanitary
• Maintaining electrical, plumbing, and HVAC systems, as well as appliances supplied
• Providing running water, hot water, and heat
• Giving reasonable notice before entering the rental property, usually 24 hours

Tenant Responsibilities

Tenants have several responsibilities, including:

• Paying rent on time
• Keeping the premises clean and sanitary
• Properly using and maintaining electrical and plumbing fixtures
• Complying with state and local housing, safety, and health codes
• Maintaining appliances supplied by the landlord
• Performing minor maintenance
• Not damaging or destroying any part of the property
• Not disturbing neighbours or other tenants
• Allowing the landlord access to the property for repairs and maintenance, not unreasonably withholding consent

Tenant Rights

Tenants in Ohio have the right to habitable space and to have requested repairs made in a timely manner. If repairs are not done after proper notice, tenants can take several actions, including suing the landlord, withholding rent by depositing it into a court-approved escrow account, or breaking the rental agreement.

Tenants also have the right to:

• Receive timely repairs
• Live in a safe and sanitary environment
• Be given 24 hours' notice before the landlord enters the property, except in emergencies
• Be free from landlord retaliation for reporting issues or exercising legal rights
• Withhold rent if the landlord fails to make important repairs
• Sue landlords in small claims court for various issues, including the return of security deposits, up to $6,000

Landlord Rights

Landlords have the right to:

• Receive timely rent payments
• Rent out habitable dwellings that meet health and safety standards
• Access the rental property for inspections, maintenance, property showings, and deliveries with proper notice
• Evict tenants for non-payment of rent, violation of lease terms, or remaining on the property after the lease ends
• Increase rent, as long as it is not done during the lease term or for discriminatory reasons

Security deposits

Ohio Landlord Tenant Laws allow landlords to require a security deposit. This deposit serves as security for both parties, ensuring the tenant will move in and the landlord will hold the property. There is no limit under Ohio state law on how much a landlord can charge for a security deposit. However, there are specific provisions and requirements that landlords and tenants should be aware of.

According to Ohio Revised Code 5321.16, if the security deposit exceeds $50 or one month's rent (whichever is greater), and the tenant stays in the rental property for more than six months, the landlord must pay interest on the excess amount. The interest rate is set at 5% per annum and must be paid annually to the tenant.

Upon termination of the tenancy, the landlord has 30 days to return the security deposit to the tenant. The landlord can make deductions from the security deposit for unpaid rent, late fees, physical damage, costs due to a breach of the lease, and cleaning costs. However, these deductions must be itemized and communicated to the tenant in writing within the 30-day timeframe.

If the landlord fails to return the security deposit or makes improper deductions, the tenant has several options for recourse. The tenant can sue the landlord in small claims court for up to $6,000. Additionally, the tenant may be able to recover twice the amount wrongfully withheld, along with attorney's fees.

It is important to note that the security deposit cannot be used as a replacement for the last month's rent. If a tenant fails to pay the last month's rent, the landlord can take legal action to recover the unpaid rent, but they cannot automatically deduct it from the security deposit.

Ohio law also specifies that a tenant must provide a forwarding address or new address to the landlord so that the security deposit can be returned. If the tenant fails to provide this information, they may not be entitled to damages or attorney's fees if the landlord does not return the security deposit.

Rent increases

Ohio does not have rent control laws, and state law prohibits cities and towns from implementing their own rent control legislation. This means that landlords can increase rent by any amount and as often as they like. However, there are some important restrictions on rent increases that landlords must adhere to:

• Landlords cannot increase rent during the lease term unless the lease agreement allows for it.
• Landlords must not increase rent out of discrimination against state or federally protected classes or in retaliation against tenants for exercising their legal rights.
• While 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 in the lease agreement.

Tenants in Ohio have several options if they believe their landlord has acted unlawfully regarding rent increases. They can withhold rent and deposit it with the clerk of the court, apply to the court for an order directing the landlord to remedy the situation, or terminate the rental agreement. Tenants may also be able to recover damages, obtain injunctive relief, or get a judgment for reasonable attorney's fees.

Housing discrimination

If you suspect housing discrimination, you can report it to the HUD or the Ohio Civil Rights Commission within one year of the incident. The Columbus Office of Fair Housing and Equal Opportunity (FHEO) is responsible for investigating housing discrimination complaints under the federal Fair Housing Act and other civil rights complaints related to HUD-funded programs in Ohio.

In addition to federal protections, local laws in Ohio may provide additional protections against discrimination. For example, your city or county may have laws prohibiting discrimination based on age or source of income.

Lease termination

In Ohio, tenants are able to end their rental agreement for any reason, although they may have to pay a penalty if they didn't end the lease for a valid reason. There are a few valid reasons for ending a lease early, which are outlined below.

Firstly, tenants who are starting active military duty can break their lease early without penalty. This is protected under the Servicemembers Civil Relief Act (SCRA). To do so, tenants must send a written notice letter to their landlord, along with a copy of their deployment orders.

Secondly, if the rental unit is unsafe or violates Ohio health or safety codes, tenants may be able to legally break the lease. Landlords in Ohio are legally required to provide habitable housing that meets basic health and safety requirements. If they fail to do so, tenants can report their landlord to the government authorities for unsafe living conditions.

Thirdly, if the landlord repeatedly violates the tenant's privacy rights, the tenant may be considered "constructively evicted" and can break the lease without further rent obligation. This includes situations where the landlord changes the locks without the tenant's consent, turns off utilities, or enters the property without providing the required 24 hours' notice.

Tenants in Ohio who pay on a periodic basis must give the following amount of notice if they wish to terminate their lease early:

• Weekly leases: seven days' notice
• Monthly leases: 30 days' notice
• Week-to-week leases: seven days' notice
• Month-to-month leases: 30 days' notice

Tenants with a fixed-term lease do not have to provide notice for ending their lease. However, they should carefully review the lease terms to avoid penalties for not sending appropriate notice.

If a tenant breaks their lease early, they are still liable for the rent for the remaining lease period. However, 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 no longer liable to pay the remaining rent. Landlords can make deductions from the security deposit for damages or unpaid rent, but the rest must be returned to the tenant.

Frequently asked questions