Toledo Municipal Court Housing and Environmental Division
555 North Erie Street
Toledo, Ohio 43604
What is a lease?
A lease is a contract between a landlord and a tenant that
provides for the rental of real property. A lease agreement
establishes the terms, conditions, rules and regulations for the
occupancy of the premises. A lease is binding and enforceable
through the courts. The Ohio Landlord Tenant Act of the Ohio
Revised Code (O.R.C. Chapter 5321) defines the requirements for
Laws governing manufactured home park Landlords and Tenants
are found at Chapter 3733 of the Revised Code; Section 8 and
other federally subsidized leases are governed by applicable
federal regulations as well as state laws; Chapter 5313 of the
Revised Code governs land installment contracts; and commercial
properties are governed by the terms of the written lease and by
Is a written lease required?
An agreement can be oral or written. However, it is
suggested and helpful to have the agreement in writing in case
of future disputes regarding the terms of the lease agreement.
What should be in a lease?
Common provisions of a lease include:
- Name of the landlord and the landlord's address.
- Name of the tenant and number of occupants.
- Length of the lease.
- Amount of rent to be paid during the terms of the lease.
- Date of the month when the rent is due and consequences
of non-payment and whether grace periods are given.
- The amount of security deposit.
- Any house rules.
- Whether pets are allowed or prohibited.
- Whether subletting the premises is allowed or
- Whether alterations are permitted without the landlord's
consent or only with the landlord's consent.
What lease provisions are illegal or unenforceable?
The Ohio Revised Code 5321.13 prohibits a lease from
containing the following:
- Any language that reduces a tenant's rights under the
- Any confession of judgment where the tenant gives up the
right to legal proceedings.
- Any provision to pay the landlord or tenant's attorney
- Any language that reduces or eliminates a landlord's
liability, or shields the landlord for that liability.
- Any provision that reduces or eliminates a landlord's
obligation described above.
- Any language found by a court to be so unfair it is