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Cleveland Tenants Organization

A summary of the Ohio Landlord/Tenant law and responsibilities in renting a healthy, safe home

By: Gary KatzExecutive Director

In Ohio (under the State LL/T law)…A Landlord has a duty to:


• Put and keep the premises in a fit and habitable condition

• Keep common areas safe and sanitary

• Comply with building, housing, health, and safety codes

• Keep in good working order all electrical, plumbing, heating, andventilation systems and fixtures

• Maintain all appliances and equipment supplied or required to besupplied by the landlord

• Provide running water and reasonable amounts of hot water andheat, unless the hot water and heat are supplied by an installation that is under the exclusive control of the tenant and supplied by a direct public utility hook-up.

• Provide garbage cans and arrange for trash removal if the landlord owns four or more residential units in the same building.

In Ohio (under the State LL/T Law)…A Landlord has a duty to:


• Give at least 24 hours notice, unless it is an emergency, beforeentering a tenant's unit, and enter only at reasonable times andin a reasonable manner.

• Evict the tenant when informed by a law enforcement officer ofdrug activity by the tenant, a member of the tenant'shousehold, or a guest of the tenant occurring in or otherwiseconnected with the tenant's premises.

• A landlord must disclose his/her name and address and thename and address of his/her agents.

• If a landlord fails to do so, he/she forfeits the right tonotice before a tenants pursues legal action.



•In Ohio, leases are not mandated. Lease clauses cannot circumvent or supersede the Ohio Landlord Tenant Law.

•A tenant can change the locks unless prohibited from doing so in a lease.



Develop consistent, open methods of communication with your tenants. Check in periodically.

•Screen your tenants consistently

•Landlording is a full-time job that does not end with the receipt of rent. Always have a monetary reserve in case of emergencies.

In Ohio (under the State LL/T Law and related health and safety laws)…A home must be:


Keep it Dry!Damp basements, leaks from plumbing fixtures or roofs, and baths or kitchens without fans, can create moisture and mold problems.

Keep it Clean!Lead dust and residue from pesticides are found in carpets, floors and hard surfaces. Contaminants can be tracked into the home and may present an even greater health hazard.

Healthy, sanitary, and safe! It is the landlord’s duty to create a healthy home. It is the tenant’s duty to maintain it!

In Ohio (under the State LL/T Law and related health and safety laws)…A Landlord has a duty to:


Keep it Pest-Free!Droppings from pests as well as their body parts are major triggers for people with asthma. Eliminating pests eliminates this threat.

Keep it Well Ventilated!Don’t contaminate the home by using products with strong odors. Circulate fresh air for the people living in the home and keep air flowing near gas furnaces, hot water tanks, dryers and stoves.



Avoid Contaminants!Radon is a naturally occurring, colorless, odorless, gas, which can seep into a home from the ground and can lead to lung cancer, especially for smokers. Smoking is an obvious indoor air-quality problem. Homes in high-risk areas should test for radon.

Keep it Safe!Extension cords under a rug are a fire hazard, no railings on stairs and rugs that slide easily can cause falls, unlocked cabinets with drugs or chemicals can lead to the poisoning of a child. Window guards that provide protection, yet can be opened by an adult in case of a fire, can be installed.



Keep it Well Maintained!Maintaining an awareness of possible threats to our safety and health at home is an ever-present challenge.

For more information about these steps to creating and maintaining healthier living spaces.

Visit the National Center for Healthy Housing www.centerforhealthyhousing.org


Federal law requires that owners of properties built before 1978 must give prospective tenants a written statement of any known lead hazards and a pamphlet on lead poisoning. There are some exceptions. Call National Lead Information Clearinghouse at 1-800-424-LEAD for forms.

In Ohio (under the State & Federal Lead poisoning prevention laws)…A Landlord has a duty to:



• Implement lead preventive treatments, which include the performance of essential maintenance practices. Landlordsmust keep a home lead safe!

• How?• By practicing essential maintenance practices, including:• Get lead safety training. Classes are available through

the County and City of Cleveland Departments of Public Health

• By SAFELY fixing current lead problems. Repair non-intact paint and the cause of paint failure.

• Keep floors and window wells smooth and cleanable.• Cover bare dirt and soil.



• By practicing lead prevention practices, you are provided protection in the event a lawsuit is filed against you!

• Keep all permits, contracts, and other maintenance record for at least 3 years.

•Take photos of repairs and of safety steps!

•When hiring a contractor, a new 2010 law requires that the contractor is certified in lead safe renovation!



EPA requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes be certified by EPA and that they use certified renovators who are trained by EPA-approved training providers to follow lead-safe work practices.

Contractors must use lead-safe work practices and follow these three simple procedures:

Contain the work area.Minimize dust.Clean up thoroughly.

You, as a landlord, have the responsibility of hiring a trained contractor.

www.ehw.org


In Ohio…A Tenant has a duty to:


• Keep the premises safe and sanitary

• Dispose of rubbish in the proper manner

• Keep the plumbing fixtures as clean as their condition permits

• Use electrical and plumbing fixtures properly

• Comply with housing, health, and safety codes that apply totenants

• Refrain from damaging the premises and keep guests fromcausing damage

• Maintain appliances supplied by the landlord in good workingorder

• Conduct yourself in a manner that does not disturb any neighbors and require guests to do the same

In Ohio…A Tenant has a duty to:


• Permit landlord to enter the dwelling unit if the request isreasonable and proper notice is given

• Comply with state or municipal drug laws in connection with thepremises and require house-hold members and guests to dolikewise.

If a landlord does not meet the duties imposed by law…


• a tenant may give the landlord a written notice to correct theconditions. The notice must be:

a) In writingb) Delivered to the landlord at the place where the

tenant normally pays rent

• a landlord must correct the condition within 30 days.• After a period not to exceed 30 days, a tenant may choose

to:a) Deposit rent with the Clerk of Courts for the

applicable municipalityb) Apply to the Court for an order to compel the repairc) Terminate the rental agreement

If a tenant does not meet the duties imposed by law…


• a landlord may give the tenant a written notice to correct theconditions. The notice must be:

a) In writing. KEEP A COPY!!!

• a tenant must correct the condition within 30 days.

• If the requested correction is not made by the tenant within30 days, a landlord may terminate the tenancy and pursue aneviction action against the tenant.

A landlord may not retaliate against a tenant…


• A landlord CANNOT:a) raise the rentb) decrease servicesc) Evictd) Or threaten to evict

• When a tenant has:a) Complained to a public officialb) Complained to the landlordc) Joined with other tenants to bargain collectively over

the terms and conditions of the rental agreement.

Self-Help Eviction Prohibited!


• Whether or not a tenant's right to occupy a residential unit has ended, a landlord may not:

a) Shut off utilities b) Change the locks to force the tenant from the unit c) Seize the tenant's possessions to recover unpaid rent

• Landlords who violate this section of the Law may be liable for actual damages and attorney fees.

EVICTION…….


• A landlord may bring an eviction action against a tenant whenthe tenant has:

a) failed to pay rent on time b) occupied the unit after the termination or expiration

of the rental agreement.c) Failed to live up to the lease terms (after being given

notice to correct)

HOW to evict a tenant…….?


• To bring an eviction action, thelandlord must first serve a 3-daynotice to vacate the premises inperson, by mail, or at thepremises.

After serving the 3-day notice…


• WAIT 3 FULL BUSINESS DAYS! DO NOT COUNT WEEKENDS!

• If the tenant does not move within the 3-day period, then thelandlord must file an action in Forcible Entry and Detainer atthe Clerk of Courts.

• The Court will schedule a hearing and the tenant will receive a summons and complaint at least 10 days before the hearing.

• At the hearing, the landlord and tenant will present evidence in support and defense of the eviction action. If an eviction isordered, the landlord will make arrangements with the Court to have the tenant's belongings removed from the unit if thetenant does not move.

A landlord’s right of access to the property…


• A landlord may enter a tenant's unit only after giving a 24-hour notice, except in case of emergency. DO IT INWRITING!

• Landlords may not enter at an unreasonable time or in an unreasonable manner.

• Landlords may not make repeated requests for entry that havethe effect of harassment.

• Nothing in the Ohio Landlord Tenant Law prohibits a tenant from installing her/his own locks on the rental premises, although this may be prohibited by the lease.

• A tenant has the duty under the Law to not unreasonably restrict the landlord's right of access.

Rent increases and late charges…


• Under a month-to-month agreement, the landlord must give a full 30 days notice before increasing rent.

• In the case of a written lease, the landlord may not increaserent during the term of the lease.

• There is no rent control in Ohio.

• Because the Ohio Landlord Tenant Law does not cover late charges, late charges may be included in a rent al agreement,but they may not be “unconscionable” (unfair). Recent courtdecisions suggest that late fees should be reasonably related to the actual damages that a landlord suffers because of latepayment of rent.

Security Deposits


• A landlord may collect a security deposit to cover the costs of:

a) unpaid rents or charges, and b) repair of tenant-caused damages, in excess of

normal wear and tear, to the property

• The landlord is required to return the security deposit to the tenant within 30 days of the time that the tenant gives up occupancy AND terminates the rental agreement. The tenantis required to provide the landlord with a forwardingaddress in writing.

• If the landlord makes a deduction from the security deposit, the landlord is required to provide the tenant with a written itemized accounting of the money that is withheld.of one month's rent.

Security Deposits


• If, after 30 days, the landlord has not returned the deposit orthe itemized accounting, or if the tenant disagrees with the landlord's decision to withhold some or all of the securitydeposit, then the tenant may sue for double the amountwhich the tenant believes was wrongfully withheld.

• If the tenant's claim is for less than $15,000.00, the tenant may file in the Small Claims Court in the city where the property was located.


Gary KatzExecutive Director

5700 Broadway Ave.Cleveland, Ohio 44127

(216)[email protected]

mailto:[email protected]

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