Is it necessary to have a written lease or rental agreement in Ohio?

Rental agreements can be either oral or written, however, oral agreements are generally month-to-month. A written lease typically sets out an expiry date and is for a fixed term.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

The landlord may collect a security deposit to cover the cost of unpaid rent or charges, and for repair of tenant-caused damages, except for normal wear and tear. Pet deposits, key deposits, and any other deposits may all be part of the security deposit. If the total deposit is greater than 1 month’s rent, the landlord must pay 5% interest on the amount in excess of 1 month’s rent. A deposit to hold a rental unit, an application fee or a fee for a credit check are probably not security deposits.

The landlord must return the deposit to the tenant within 30 days after the tenant has vacated the premises, and the tenant is required to provide the landlord with written notice of a forwarding address. If the landlord makes any deductions from the deposit, he/she must also provide the tenant with a written itemized accounting of such deductions.

When is the landlord allowed to increase the rent?

Ohio does not have rent control except in subsidized housing programs. If the tenancy is month-to-month, the landlord must give 30 days written notice before increasing the rent. If there is a written lease, the landlord may not increase the rent during the term of the lease.

Can the landlord levy additional charges for late rent?

The Ohio Landlord Tenant law does not specifically address the issue of late charges. Late charges can be addressed in the rental agreement, but they must not be "unconscionable", or unfair. Generally the courts hold that late fees should be reasonably related to the actual damages that a landlord suffers because of late rent payment.

How can a lease be terminated?

A month-to-month tenancy can be terminated by either party giving a full 30 days’ written notice to the other party. A written lease normally specifies the method for termination or renewal. If termination or renewal is not specified, then the agreement terminates on the date set out in the agreement.

Can a tenant sublet the premises?

Generally, the landlord’s consent is required in order to sublet the premises, unless the rental agreement specifically forbids it.

When is the landlord permitted to enter the premises?

The landlord may enter the premises only after giving 24 hours notice, except in case of emergency. Entry must be only during reasonable times and in a reasonable manner. A landlord must not make repeated requests for entry which have the effect of harassment. A tenant is required by law not to unreasonably restrict the landlord’s right of access.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for failure to pay rent on time, or if the tenant continues to occupy the unit without consent after the termination or expiry of the rental agreement. The landlord must file an action (forcible entry and detainer) and obtain a court order. A landlord cannot shut off utilities, change the locks or seize the tenant’s possessions to recover unpaid rent, regardless of whether an eviction order has been granted.

Ohio law requires landlords to evict tenants when the landlord has information from a law enforcement officer, based on a legal search, that the tenant, a guest or a member of the tenant’s household is involved in drug activity in connection with the premises.

A landlord cannot retaliate against a tenant by evicting, threatening to evict, increasing the rent, or decreasing or cutting off essential services, if a tenant has exercised his or her rights by complaining to the landlord, filing a complaint with a public official, or joining with other tenants to bargain collectively over the terms of the rental agreement.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.