What a Landlord Cannot Do in Ohio: Know Your Tenant Rights

Did you know that landlords in Ohio can charge however much they want? The Buckeye State is flexible when it comes to rent charges and increases. However, each landlord-tenant relationship in Ohio is grounded in mutual respect, and landlords must follow Ohio law to avoid potential issues.

If you’re a renter looking for a place to stay in Ohio for the long term, here’s a list of things that a landlord CANNOT do.

#1: A Landlord Cannot Evict an Active Duty Service Member

A landlord in Ohio cannot evict an active-duty service member because of non-payment. The Servicemembers Civil Relief Act (SCRA) prohibits landlords from kicking out military personnel and their dependents during their active duty service period and three months after they leave active service. The eviction hearing can only continue if the landlord gets a court order.

It should be highlighted that this protection applies to unpaid rent payments only. Other breaches of the lease agreement, such as having a pet live in the property despite the contract banning pets or exceeding the allowed number of permanent residents in the property, are legal grounds for eviction.

#2: Discrimination is Strictly Prohibited in the Ohio Rental Market

The federal Fair Housing Act and Ohio Fair Housing Act stipulate that it’s illegal for landlords to refuse rent, offer different rent terms, or discriminate against tenants because of their military status, familial status, national origin, race, color, national origin, religion, and disability.

What this means is that landlords aren’t permitted to advertise that would indicate apprehension from or preference based on the classes above. Exceptions are made only for shared properties with the owner or landlord and places owned by religious organizations that may prefer people of the same religion.

#3: The Rental Agreement Must Include Certain General Clauses

You can have a written or oral lease in Ohio. However, a written rental agreement is recommended because it’s evidence both parties agree on all the rent terms. According to Ohio law, particularly Chapter 5321, the following general clauses must be included in the contract:

1. Rental property description
2. Information on the tenant and the owner or their agent
3. Security deposit rules
4. Rent payments (when to pay rent and how much is due)
5. Miscellaneous terms

#4: Conducting Self-Help or Illegal Evictions is Not Allowed

Ohio Landlord-Tenant Law stipulates that self-help or illegal evictions are not allowed. The landlord can’t resolve to dirty, unlawful tactics when trying to evict a tenant.

What does this mean exactly? The landlord can’t change the locks; cut off essential utilities, like water, electricity, or heating; take or remove the tenant’s belongings without permission; spread rumors about the tenant; or refuse to repair something in the property that would otherwise make the place inhabitable.

#5: If A Landlord Fails to Return the Security Deposit on Time, There Might Be Legal Consequences

Ohio law doesn’t require landlords to collect a security deposit from their tenants, but this is commonly requested. In fact, Ohio doesn’t impose limits on the security deposit amount. However, the landlord must give the deposit back within 30 days after the tenant vacates the property.

If the landlord fails to give back the money within 30 days, the tenant may seek legal assistance and recover the amount withheld. Landlords are only allowed to withhold the money if they have an itemized list of damages caused by the tenant to the property while they live there.

#6: Unless it’s an Emergency, Prior Notice is Required Before Entering the Rental Property

A landlord must give reasonable notice to the tenant before going inside the rental property. They should give the tenant at least a 24-hour heads up before, except for emergency instances. This law balances the tenant’s privacy rights and the landlord’s right to enter the property for legal reasons, like electrical and plumbing fixtures.

Aside from emergency situations, the landlord is allowed to enter the property due to extended tenant absence, tenant repair requests, or if the tenant abandoned the rental property. Even with reasonable notice, the landlord should only go inside the property during business hours unless otherwise agreed upon.

#7: Maintaining a Habitable Living Environment is Mandated by Law

The tenant’s rental property should be a habitable living environment, and Ohio law mandates that the landlord ensure the property’s sanitary conditions and structural integrity. The landlord is required to attend to vital service needs, including plumbing, hot water, electricity, running water, and ventilation systems. Moreover, the landlord is required to abide by health and safety codes.

Upon receiving the tenant’s request, the landlord is given an allowance of 30 days to take action. There may be legal consequences if the landlord fails to make repairs within this period.

#8: A Proper Notice is Required for Eviction

In Ohio, the landlord must give the tenant written notice before evicting them from the residential premises. The landlord must provide a notice of at least three days if the tenant didn’t make rent payments on time or got involved in illegal activities. However, safety or health violations must be remedied within 30 days, or the person may be asked to vacate the property.

If the tenant or landlord decides not to renew the rental agreement after it expires, there should be a 30-day notice. However, tenants practicing their legal rights cannot be evicted from the rental property.

#9: Ohio Landlords Must Respect Squatters’ Rights

Landlords can take legal action to remove squatters through proper eviction procedures, but there are certain exceptions. In Ohio, landlords must recognize squatters’ rights if they have occupied the property for a significant duration.

According to Ohio law, illegal settlers can claim adverse possession over a statutory 21-year period. To establish adverse possession, the following elements must be met:

• Actual possession: The illegal settlers must physically be living on the property, using the place as an owner would.
• Continuous possession: They should be living on the property for 21 straight years without significant interruption.
• Exclusive possession: The squatter must be the only occupant on the property, not sharing it with the owners or others.
• Hostile possession: They should be living on the property without permission and against the owner’s interests.
• Open and notorious. It should be visible to all, including the owner, that the squatter resides on the property.

#10: Landlords Must Provide a Notice for Rent Increases

While Ohio landlord-tenant law doesn’t control how much a landlord can charge for rent payments, it does mandate that the tenant be given enough time to prepare for this increase. There should be at least 30 days’ notice before the rent increase for month-to-month leases. This period allows the tenant to determine whether to continue living on the rental property or move elsewhere.

For longer leases, like year-long ones, the landlord cannot increase rent until the rental agreement expires. Once the lease agreement expires, the landlord should give the tenant 30 days to decide whether to continue living there or move.

#11: Retaliation Against Tenants is Prohibited

Retaliatory acts are prohibited in Ohio. Retaliation can come in the form of unjustified evictions, unreasonable rent increases, or cutting off essential utilities, like hot water or plumbing. Some landlords may be tempted to take these illegal actions because a tenant exercised their legal rights.

This law was enacted to ensure tenants can take legal action if the landlord fails to uphold their duties. With the court’s permission, the tenant can withhold rent and deposit it into a separate rent escrow account until the matter is resolved. The landlord may shoulder the tenant’s reasonable attorney’s fees if the verdict is in the tenant’s favor.

Conclusion

The landlord-tenant relationship is based on mutual respect and fairness. Tenants must be vigilant in upholding their legal rights, including SCRA rights for service members. If you’re a military tenant, you must secure evidence that you’re eligible for SCRA protections. SCRACVS can help you get the proof you need. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Can a landlord evict a tenant in Ohio without going to court?

No, they cannot evict a tenant without going through the courts. The landlord must go to a municipal or county court for the process to commence legally.

Can a landlord lock you out in Ohio?

No, Ohio landlords cannot lock a tenant out of the rental property. This is considered a self-eviction tactic.

How long does a landlord have to return a tenant’s security deposit in Ohio?

The landlord must return the deposit within 30 days once the tenant leaves the premises. They must provide an itemized list if they deducted something from the security deposit.

What do I do if my landlord refuses to make necessary repairs?

There are various options you can explore. You can withhold rent, break the lease, ask a government inspector to help you, or make the repair yourself and deduct it from your rent.