Ohio Landlord-Tenant Statutes
Ohio landlord-tenant law establishes the rights and responsibilities of both parties to a lease agreement. The governing statutes are contained within the Ohio Revised Code, Title IX, Chapter 5321, which was amended effective March 31, 2010. The Ohio Revised Code does not require landlords and tenants to enter into a written lease; however, it strongly recommends doing so. A written lease is usually signed by the parties and contains specific terms and conditions governing the tenancy, such as the length of the lease, the amount of the monthly rent and security deposit, and any other specific obligations important to the landlord and tenant.
The statutes denote five specific areas in which the landlord has the following responsibilities: Caveat: Be mindful that there are statutorily determined exceptions to these landlord duties , as well as other pertinent "do’s and don’ts" that may not be properly raised by your landlord in a court of law, and should not be overlooked altogether. For example, a landlord’s right to automatically evict a delinquent tenant has been significantly restricted in the wake of the Cincinnati case Jones v. Harshman, 4 Ohio St. 3d 46 (1983), which held that a breach in the lease agreement does not allow the landlord to terminate the lease without first providing the tenant with an adequate opportunity to cure, e.g., pay the rent in full or discontinue a specific lascivious activity, etc.
Common Ohio Landlord-Tenant Disputes
Ohio landlords and tenants often face the same issues. However, what appears to be a simple situation might have many hidden pitfalls. The best course of action is hiring a knowledgeable landlord-tenant attorney to avoid unnecessary litigation. The information below is not legal advice, only a rough guideline of the possible issues that may arise.
Many disputes arise from tenants requesting repairs. In Ohio, for leases entered after 2000, landlords have the right to choose who will perform repairs. A dispute might arise if the tenant believes the landlord’s choice is inadequate or improper. Damages caused by the delay of repairs can be another issue. Finally, tenants often say repairs were not completed within a reasonable time. Ohio courts generally hold that a landlord must follow through with an intent to repair. This means actually making a good faith effort to fix the problem. If the landlord fails to do so, the tenant may bring a claim for damages or even terminate the lease.
Another common source of dispute is rent increases. Most often, disputes arise in a month-to-month lease where a landlord raises the rent. The old law stated that a month-to-month tenant was entitled to 30 days’ notice. Under the new law, sometimes called HB 390, the law now states that a landlord must provide a 90 day notice before increasing the rent. Ultimately, the tenant may terminate the lease and leave if he or she does not agree with the rent increase. These disputes often work themselves out by the tenant moving.
Lease provisions regarding use of premises may also supply cause to dispute. Provisions on how a tenant may decorate a unit and what appliances can be used are common. Tenants bringing pets to the premises may also lead to a dispute over violation of a lease provision. The court must determine if the landlord violated the terms of a lease or the Fair Housing Laws when denying a request to allow a pet.
Ohio courts also receive many cases involving tenants with past due rent. There are very few defenses to this situation. Tenants in this situation most often attempt one of two things: fight evictions and try to pay rent late, or simply offer to give the landlord more than what they owe but less than the full amount in exchange for not having to leave.
Some less common claims landlords encounter in Ohio courts are constructive eviction claims. These claims are brought when the landlord did some act or allowed some condition which made the premises uninhabitable. Tenants who have mold or leaking basements may try to bring this type of claim. Again, the landlord who tries to reasonably fix the situation rather than ignore the problem may be able to avoid this claim from ever reaching the court.
Sources of Free Legal Services
In Ohio, there are several non-profit legal aid organizations that offer free, or low-cost, tenant advocacy and legal advice services. Whether your income falls below a certain threshold can determine whether you qualify for such free legal services.
Below is not a comprehensive list of all free legal resources, but it is a good start for where to find them in Ohio:
The Ohio Supreme Court maintains a website called OhioLegalHelp.gov, which allows individuals to search for information concerning their legal rights and available legal resources according to their specific legal issue.
The Ohio Legal Help website also contains the toll-free Ohio Tenants Rights Helpline (1-866-504-9370), which provides free legal advice and resources to Ohio tenants.
The Ohio Legal Aid Society, which is a non-profit organization for the delivery of legal services in Ohio, has a network of legal aid offices that provide free, limited legal assistance to low-income people: Ohio Legal Aid Offices.
LawHelp.org is an online directory of free legal services in each state. Through LawHelp.org, users can find legal help in their state and locate answers to questions about their legal rights.
ProBono.net provides an online directory of free legal services for low income individuals, families, seniors, the disabled and other individuals in need. ProBono.net also allows lawyers to volunteer their services to those in need.
The Cleveland Tenants Organization provides free legal and advocacy services for low-income tenant communities in Cuyahoga County.
The Ohio Poverty Law Center provides access to various free legal resources for veterans.
Using Free Legal Aid Clinics
For those who do not qualify for legal aid or have little or no money, free legal clinics for landlord-tenant issues are available across the state. The Cleveland office of Legal Aid hosts a free clinic on the third Thursday of every month at the Cuyahoga County Public Library, Main Branch, located at 325 Superior Avenue NE, Cleveland, Ohio from 5:30-7:30 p.m. and every Wednesday at the Cleveland Job Center. Every month , Neighborhood Law Professionals also holds a free legal clinic at various locations around the state. Neighborhood Law Professionals is an Ohio non-profit that collaborates with law students to provide free, walk-up legal clinics around the state and all clinics are located at public libraries. However, these clinics are for informational purposes only and thus only offer limited advice.
Free Online Resources for Landlord-Tenant Advice
The internet is a tremendous resource when you need legal advice. Fortunately, the internet is far more efficient than searching for responses on a public forum. Ohio had a public forum where Ohioans could post legal questions. It was wildly successful. Now, that forum has been replaced by a private online community. It’s called Quora. Quora is great; however, this blog will give you some websites I highly recommend for free legal advice. Here we go:
FindLaw is the best site on the internet dedicated to legal issues. If you have a legal question, it’s probable someone had your question before. You can search for your question. If it’s there, then read the answer. If not, don’t worry. Post your question. If it’s relevant, a lawyer will most likely respond to the inquiry. A warning though: Don’t ask questions on FindLaw if they are specific and would violate attorney-client privilege if posted. It’s virtually impossible to take back content posted on the internet. Do yourself a favor and refrain from posting specific information about your situation. I also highly recommend trying to avoid creating multiple posts.
Ohio Legal Help is packed full of extremely useful information. The site has over 600 DIY forms. If you’re struggling to deal with a situation in court, start at the Ohio Legal Help website to see what information is available. I promise you, Ohio Legal Help will help you.
Ohio Legal Services is similar to Ohio Legal Help. Ohio Legal Services serves those who are in need, and have nowhere else to go. Like Ohio Legal Help, Ohio Legal Services is a great starting point.
Urban Justice Center is a non-profit legal service. It’s entirely free. The Urban Justice Center helps each individual that comes their way—regardless of where you are in Ohio. If you appear to qualify, the Urban Justice Center will do everything possible to assist you.
Super Lawyers is a national peer-review rating service that helps people find lawyers. For Ohio residents, Super Lawyers distributes their lists to more than 70 magazines and newspapers. In Ohio, the Columbus Dispatch, The Cincinnati Enquirer, and The Plain Dealer publish the Super Lawyers list.
Preparing to Meet with an Attorney
When preparing for legal consultation with an attorney, a tenant or landlord should take the time to gather and organize their documentation regarding the legal issue, and organize all emails/texts from/to the other party. Top of mind for the tenant/landlord should be the current state of the rental property (to discuss possible repairs/deposits) and current rental receipts (to discuss issues relating to late notices/eviction defense).
Keeping in mind that it’s an attorney’s job to provide an opinion on a specific legal issue , a tenant/landlord should come in with a list of questions or thought starters. This could include, for example, the applicable rental laws (Ohio Revised Code Chapter 5321) that apply to Ohio residential rental property. The following is a very brief list of questions that should be important for landlords/tenants in Ohio: