Resources for Landlords
The Ohio Landlord Tenant Act of the Ohio Revised Code (ORC Chapter 5321) clearly defines the rights and obligations of the landlord. This section offers resources for landlords to better understand the law and improve landlord-tenant relations. The information provided does not constitute legal advice and is intended for reference purposes only. For specific interpretation of the law, please seek legal counsel.
Rights & Responsibilities
A landlord has certain rights and responsibilities. Landlords are bound by their lease agreements and laws which govern rental of residential property.
The following is a general list of rights for landlords:
A landlord can sue a tenant for money damages, termination of lease, and eviction from the property if the tenant fails to fulfill his/her duties under the lease agreement or the law.
A landlord can file suit to evict a tenant when:
Tenant fails to pay rent in accordance with the lease or rental agreement.
Tenant violates important terms of the lease.
The lease agreement has expired and the tenant remains in the property without the landlord’s consent.
Tenant fails to comply with proper notice to correct health and safety violations. Written notice must be given to the tenant stating specific violations (tenant then has thirty (30) days to correct the situation).
Tenant refuses to allow landlord reasonable access to the unit.
Tenant files a complaint against the landlord to a governmental agency about housing violations which were actually caused by the tenant and/or guests.
Landlord’s compliance with housing laws would require alteration or demolition of the building which would deprive the tenant of effective use of the premises.
The following is a general list of responsibilities for landlords:
Landlords must:
Give tenants (who lease dwellings built before 1978) a federally-approved lead hazard information pamphlet BEFORE THE LEASE TAKES EFFECT. Disclose any known lead-based paint and/or lead-based paint materials. For more information, contact the EPA National Lead Information Center at 1-800-424-LEAD, or visit their website at Environmental Protection Agency.
Provide tenants in dwellings with two or more units facilities or containers for the sanitary and safe storage/disposal of trash (tenants in single-family dwellings must provide their own trash receptacles).
Provide a heating system capable of maintaining a minimum of 68 degrees in each habitable room.
Put the premises in a safe and habitable condition before renting and maintain the unit in a safe and habitable condition during the tenancy.
Assure that the property complies with all building, housing, and health codes which significantly affect health and safety. The City of Toledo has housing inspectors who can inspect conditions and cite landlords for violations, condemn properties unfit for habitation, and prosecute landlords who refuse to comply with housing code requirements.
Make all necessary repairs to make the property livable. This includes keeping all electrical, plumbing, and heating and ventilation systems in good working order.
Exterminate for pests when necessary.
Supply adequate hot and cold running water and heat at all times.
Keep all common areas in the building or on the grounds safe and sanitary.
Give tenants at least twenty-four (24) hour notice before entering the rental unit except in case of emergency. The landlord may not abuse the right of access to inspect the property, deliver packages, or show the property to prospective tenants or buyers. Landlords may not enter without proper notice and can be held responsible for any damages or injuries caused by their trespassing.
Landlords cannot:
Shut off utilities or other services, change the locks, remove doors or windows, or threaten to do any of these unlawful acts in an attempt to evict tenants.
Prevent you from exercising your rights as a tenant by increasing your rent, decreasing your services, bringing or threatening to bring an eviction because you have complained to him/her or to the city about a code violation or because you participated in a tenants' union.
Enter your apartment or house whenever he/she wants to or repeatedly demand to enter even though proper notice has not been given.
Refuse to rent to tenants because of their race, color, national origin, sex, religion, familial status, disability, military status, ancestry, sexual orientation and gender identity. (Age is a protected class in Ohio for lending only.)
If a landlord does any of the above, he/she can be sued for damages and forced by court order to restore utility services, remove padlocks, and return tenants' property or rent to the person discriminated against. Punitive damages may also be assessed against landlords who deliberately or maliciously violate the law.
Inspections
Before signing a lease, the landlord and tenant should inspect the property together. A written Inspection Form should be completed and signed by both parties, detailing the condition of the property and yard, if applicable.
The landlord may schedule routine inspections of the property during the tenant's occupancy. The landlord must give the tenant reasonable notice of his intent to enter and enter only at reasonable times, except in cases of emergency. Twenty-four (24) hour notice is considered reasonable notice. R.C. §5321.04 (A)(8)
The tenant shall not unreasonably deny the landlord access into the dwelling/unit in order to inspect, make repairs, alterations, or improvements, supply necessary services, or exhibit the unit to prospective purchasers, tenants, workmen or contractors. R.C. §5321.05 (B)
Leases
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 (R.C. Chapter 5321) defines the requirements for residential leases.
Laws governing manufactured home park landlords and tenants are found in 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 case law.
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, 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 prohibited.
If 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 landlord-tenant law.
Any confession of judgment where the tenant gives up the right to legal proceedings.
Any provision to pay the landlord or tenant's attorney fees.
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 "unconscionable."
Evictions
Evictions (forcible entry and detainer actions, or FEDs) are legal proceedings brought by a landlord against a tenant (residential, manufactured home park or commercial) to recover the rental unit.
Evictions may be brought because the tenant has failed to comply with the lease or rental agreement, or because the lease or rental agreement has ended and the tenant has not returned possession of the rental unit. Return of possession occurs when the tenant surrenders the keys to the landlord.
Filing An Eviction
An eviction may only be filed in Toledo Municipal Court if the rental property for which you are seeking possession is located within the City of Toledo, the Village of Ottawa Hills, or Washington Township. The court cannot grant a judgment for properties with a Toledo post office address that are not within the above listed jurisdictions.
Complete the landlord's complaint and attach to it copies of all required documents: notice of termination of tenancy (if applicable), notice to leave the premises (required), written lease (if applicable), and any other applicable documents.
Make three (3) copies of the landlord's complaint and all exhibits (necessary documents) for the first occupant of the premises and two (2) copies for each additional occupant. Also keep a copy for yourself.
File the original complaint and all copies with the Civil Clerk’s Office in the basement of the Toledo Municipal Court. The clerk will mail copies of the complaint to each tenant at the address you provide by regular mail. The bailiff will attempt service of another copy at the rental unit. You may choose to have the clerk mail an additional copy by certified mail. You must provide the correct street address, including apartment number, and complete zip code for proper service of the complaint.
Note: A landlord's complaint may only be filed by the owner of the property. A property manager, someone acting under a power of attorney, an officer of a corporation, etc. may not prepare a landlord's complaint or appear in court for another person or on behalf of the corporation. If you are not the owner of the property, an attorney must prepare the complaint and must represent the owner in all court proceedings. Various Ohio laws spell out the steps that must be taken to bring an eviction.
The procedure to be followed for all evictions, including termination of some land contracts, is found in Chapter 1923 of the Ohio Revised Code.
Click here for the Do's and Don’ts of the Eviction Process
Please visit the Toledo Municipal Court Clerk of Court website for filing information
When Will The Case Be Heard?
Evictions are heard by a Housing Court Magistrate every afternoon at 1:30 p.m. The clerk will schedule the hearing date approximately three (3) weeks after the complaint is filed. Have your copy of the complaint and all supporting documents and necessary witnesses in court on the day of the hearing.
What Happens After The Court?
If judgment is entered for the landlord, a civil bailiff will oversee the eviction.
Additional eviction information
Manufactured Home Lockout Information
Residential Eviction Information
Self Help
A landlord may not use "self-help" remedies to regain possession of the premises, and may only recover possession of the rental unit through either (a) a voluntary return by the tenant, or (b) through an eviction proceeding filed in the court where the property is located. (There may be an exception for those business premises when the terms of the written lease expressly provide for self-help, but only where there is no breach of the peace).
A landlord may not move a tenant's furniture from the rental unit, lock the tenant out, or threaten any unlawful act including utility shutoff to regain possession.
Various Ohio laws spell out the steps that must be taken to bring an eviction. The procedure to be followed for all evictions, including termination of some land contracts, is found in Chapter 1923 of the Ohio Revised Code.
Security Deposits
Before the tenant moves, he/she must leave a forwarding address in writing with the landlord, or many legal remedies will not apply. At the end of the lease, the landlord must do one of the following within 30 days after the lease agreement ends and the tenant has turned over the apartment and the keys: Return the full security deposit. Return the balance of the security deposit with a list of all deductions, including any past due rent owed, list of damages that the tenant or their guest may have caused, etc. This list must be in writing and sent to the former tenant. If the landlord fails to do either of the above, the tenant may receive (through court) double the amount wrongfully withheld (that amount the landlord should have returned, less any deductions), and reasonable attorney fees.
Interest on Deposit
(Ohio Revised Code §5321.16)
If the landlord requires a security deposit in excess of one month’s rent and in excess of $50.00, the landlord must pay 5% interest annually on the excess. A landlord does not have to pay interest on the security deposit if the tenant lives in the unit less than six (6) months.
