If
you are a landlord or a tenant, it is imperative that
you know the rules t
hat apply to you. Below, we have
provided the relevant sections of the Ohio Revised Code
for your reference. We have also added a basic
translation next to some of the section titles so that
you may find the section that you need.
KNOW THE LAW.
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§ 5321.01. Definitions (What certain words mean) |
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§ 5321.02. Retaliatory conduct of landlord prohibited (Landlord cannot punish tenant when tenant exercises certain rights) |
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§ 5321.03. Actions by landlord authorized (When a landlord can evict a tenant) |
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§ 5321.031. Termination of student tenant rental agreements (Applies to colleges and universities) |
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§ 5321.04. Obligations of landlord (What the landlord must do) |
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§ 5321.05. Obligations of tenant (What the tenant must do) |
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§ 5321.06. Rental agreement terms (What is allowable in a rental agreement) |
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§ 5321.07. Notice to landlord to remedy condition; deposit of rent with court or other remedies (Putting rent into escrow when landlord does not fulfill duties) |
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§ 5321.08. Duties of clerk of court (What the court must do) |
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§ 5321.09. Landlord may apply for release of rent (How the landlord gets the escrowed rent back) |
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§ 5321.10. Partial release of rent (When landlord can apply to get part of the escrowed rent back to pay mortgage and costs) |
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§ 5321.11. Noncompliance by tenant terminates agreement (What happens when tenant does not fulfill duties) |
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§ 5321.12. Recovery of damages (What the parties can recover in court) |
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§ 5321.13. Rental agreement terms barred (Clauses not allowed in rental agreements) |
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§ 5321.14. Unconscionable agreement (When certain agreements are unfair or unknowingly entered into) |
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§ 5321.15. Prohibited self-help remedies of landlord (What landlord cannot do) |
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§ 5321.16. Security deposit procedures (How security deposits work) |
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§ 5321.17. Termination of periodic tenancies (Ending the rental agreement at the end of the lease period) |
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§ 5321.18. Contents of residential rental agreement (What needs to be in the rental agreement) |
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§ 5321.19. Effect on municipal ordinances, township resolutions (How these laws interact with other laws) |
FORCIBLE ENTRY AND DETAINER (EVICTION)
MANUFACTURED HOME PARKS – LANDLORD-TENANT LAW
LANDLORDS AND TENANTS
§
5321.01. Definitions
As used in this chapter:
(A) "Tenant" means a person entitled under a rental
agreement to the use and occupancy of residential
premises to the exclusion of others.
(B) "Landlord" means the owner,
lessor, or sublessor
of residential premises, the agent of the owner,
lessor, or
sublessor, or any person
authorized by the owner, lessor,
or sublessor to manage the
premises or to receive rent from a tenant under a rental
agreement.
(C) "Residential premises" means a dwelling unit for
residential use and occupancy and the structure of which
it is a part, the facilities and appurtenances in it,
and the grounds, areas, and facilities for the use of
tenants generally or the use of which is promised the
tenant. "Residential premises" includes a dwelling unit
that is owned or operated by a college or university.
"Residential premises" does not include any of the
following:
(1) Prisons, jails, workhouses, and other places
of incarceration or correction, including, but not
limited to, halfway houses or residential arrangements
that are used or occupied as a requirement of a
community control sanction, a post-release control
sanction, or parole;
(2) Hospitals and similar institutions with the
primary purpose of providing medical services, and homes
licensed pursuant to Chapter 3721. of the Revised Code;
(3) Tourist homes, hotels, motels, recreational
vehicle parks, recreation camps, combined park-camps,
temporary park-camps, and other similar facilities where
circumstances indicate a transient occupancy;
(4) Elementary and secondary boarding schools,
where the cost of room and board is included as part of
the cost of tuition;
(5) Orphanages and similar institutions;
(6) Farm residences furnished in connection with
the rental of land of a minimum of two acres for
production of agricultural products by one or more of
the occupants;
(7) Dwelling units subject to
sections 3733.41 to
3733.49 of the Revised Code;
(8) Occupancy by an owner of a condominium unit;
(9) Occupancy in a facility licensed as an SRO
facility pursuant to Chapter 3731. of the Revised Code,
if the facility is owned or operated by an organization
that is exempt from taxation under section 501(c)(3) of
the "Internal Revenue Code of 1986," 100 Stat. 2085,
26
U.S.C.A. 501, as amended, or by an entity or
group of entities in which such an organization has a
controlling interest, and if either of the following
applies:
(a) The occupancy is for a period of less than
sixty days.
(b) The occupancy is for participation in a
program operated by the facility, or by a public entity
or private charitable organization pursuant to a
contract with the facility, to provide either of the
following:
(i) Services licensed, certified,
registered, or approved by a governmental agency or
private accrediting organization for the rehabilitation
of mentally ill persons, developmentally disabled
persons, adults or juveniles convicted of criminal
offenses, or persons suffering from substance abuse;
(ii) Shelter for juvenile runaways, victims
of domestic violence, or homeless persons.
(10) Emergency shelters operated by organizations
exempt from federal income taxation under section
501(c)(3) of the "Internal Revenue Code of 1986," 100
Stat. 2085,
26
U.S.C.A. 501, as amended, for persons whose
circumstances indicate a transient occupancy, including
homeless people, victims of domestic violence, and
juvenile runaways.
(D) "Rental agreement" means any agreement or lease,
written or oral, which establishes or modifies the
terms, conditions, rules, or any other provisions
concerning the use and occupancy of residential premises
by one of the parties.
(E) "Security deposit" means any deposit of money or
property to secure performance by the tenant under a
rental agreement.
(F) "Dwelling unit" means a structure or the part of
a structure that is used as a home, residence, or
sleeping place by one person who maintains a household
or by two or more persons who maintain a common
household.
(G) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(H) "Student tenant" means a person who occupies a
dwelling unit owned or operated by the college or
university at which the person is a student, and who has
a rental agreement that is contingent upon the person's
status as a student.
(I) "Recreational vehicle park," "recreation camp,"
"combined park-camp," and "temporary park-camp" have the
same meanings as in
section 3729.01 of the Revised Code.
(J) "Community control sanction" has the same meaning
as in
section 2929.01 of the Revised Code.
(K) "Post-release control sanction" has the same
meaning as in
section 2967.01 of the Revised Code.
(L) "School premises" has the same meaning as in
section 2925.01 of the Revised Code.
(M) "Sexually oriented offense" and "child-victim
oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
§
5321.02. Retaliatory conduct of landlord prohibited
(A) Subject to
section 5321.03 of the Revised Code, a
landlord may not retaliate against a tenant by
increasing the tenant's rent, decreasing services that
are due to the tenant, or bringing or threatening to
bring an action for possession of the tenant's premises
because:
(1) The tenant has complained to an appropriate
governmental agency of a violation of a building,
housing, health, or safety code that is applicable to
the premises, and the violation materially affects
health and safety;
(2) The tenant has complained to the landlord of any
violation of
section 5321.04 of the Revised Code;
(3) The tenant joined with other tenants for the
purpose of negotiating or dealing collectively with the
landlord on any of the terms and conditions of a rental
agreement.
(B) If a landlord acts in violation of division (A) of
this section the tenant may:
(1) Use the retaliatory action of the landlord as a
defense to an action by the landlord to recover
possession of the premises;
(2) Recover possession of the premises; or
(3) Terminate the rental agreement.
In addition, the tenant may recover from the landlord
any actual damages together with reasonable attorneys'
fees.
(C) Nothing in division (A) of this section shall
prohibit a landlord from increasing the rent to reflect
the cost of improvements installed by the landlord in or
about the premises or to reflect an increase in other
costs of operation of the premises.
§
5321.03. Actions by landlord authorized
(A) Notwithstanding
section 5321.02 of the Revised Code, a
landlord may bring an action under Chapter 1923. of the
Revised Code for possession of the premises if:
(1) The tenant is in default in the payment of rent;
(2) The violation of the applicable building,
housing, health, or safety code that the tenant
complained of was primarily caused by any act or lack of
reasonable care by the tenant, or by any other person in
the tenant's household, or by anyone on the premises
with the consent of the tenant;
(3) Compliance with the applicable building, housing,
health, or safety code would require alteration,
remodeling, or demolition of the premises which would
effectively deprive the tenant of the use of the
dwelling unit;
(4) A tenant is holding over the tenant's term.
(5) The residential premises are located within one
thousand feet of any school premises, and both of the
following apply regarding the tenant or other occupant
who resides in or occupies the premises:
(a) The tenant's or other occupant's name appears
on the state registry of sex offenders and child-victim
offenders maintained under
section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and
child-victim offenders indicates that the tenant or
other occupant was convicted of or pleaded guilty to
either a sexually oriented offense that is not a
registration-exempt sexually oriented offense or a
child-victim oriented offense in a criminal prosecution
and was not sentenced to a serious youthful offender
dispositional sentence for that offense.
(B) The maintenance of an action by the landlord under
this section does not prevent the tenant from recovering
damages for any violation by the landlord of the rental
agreement or of
section 5321.04 of the Revised Code.
(C) This section does not apply to a dwelling unit
occupied by a student tenant.
§
5321.031. Termination of student tenant rental
agreements
A college or university may terminate a rental
agreement with a student tenant prior to the expiration
of the term of the agreement and require that the
student vacate the dwelling unit only when the
termination follows a hearing in which it was determined
by the college or university that the student violated a
term of the rental agreement or violated the college's
or university's code of conduct or other policies and
procedures. The hearing must be preceded by a written
notice to the student, must include a right to be heard,
and must otherwise comply with the college's or
university's procedures for disciplinary hearings. The
written rental agreement must specify the conditions
under which the rental agreement may be terminated and
specify the college's or university's notice and hearing
procedures that will be followed in making a
determination under this section.
§
5321.04. Obligations of landlord
(A) A landlord who is a party to a rental agreement
shall do all of the following:
(1) Comply with the requirements of all applicable
building, housing, health, and safety codes that
materially affect health and safety;
(2) Make all repairs and do whatever is reasonably
necessary to put and keep the premises in a fit and
habitable condition;
(3) Keep all common areas of the premises in a safe
and sanitary condition;
(4) Maintain in good and safe working order and
condition all electrical, plumbing, sanitary, heating,
ventilating, and air conditioning fixtures and
appliances, and elevators, supplied or required to be
supplied by him;
(5) When he is a party to any rental agreements that
cover four or more dwelling units in the same structure,
provide and maintain appropriate receptacles for the
removal of ashes, garbage, rubbish, and other waste
incidental to the occupancy of a dwelling unit, and
arrange for their removal;
(6) Supply running water, reasonable amounts of hot
water and reasonable heat at all times, except where the
building that includes the dwelling unit is not required
by law to be equipped for that purpose, or the dwelling
unit is so constructed that heat or hot water is
generated by an installation within the exclusive
control of the tenant and supplied by a direct public
utility connection;
(7) Not abuse the right of access conferred by
division (B) of
section 5321.05 of the Revised Code;
(8) Except in the case of emergency or if it is
impracticable to do so, give the tenant reasonable
notice of his intent to enter and enter only at
reasonable times. Twenty-four hours is presumed to be a
reasonable notice in the absence of evidence to the
contrary.
(9) Promptly commence an action under Chapter 1923.
of the Revised Code, after complying with division (C)
of
section 5321.17 of the Revised Code, to
remove a tenant from particular residential premises, if
the tenant fails to vacate the premises within three
days after the giving of the notice required by that
division and if the landlord has actual knowledge of or
has reasonable cause to believe that the tenant, any
person in the tenant's household, or any person on the
premises with the consent of the tenant previously has
or presently is engaged in a violation as described in
division (A)(6)(a)(i) of
section 1923.02 of the Revised Code, whether
or not the tenant or other person has been charged with,
has pleaded guilty to or been convicted of, or has been
determined to be a delinquent child for an act that, if
committed by an adult, would be a violation as described
in that division. Such actual knowledge or reasonable
cause to believe shall be determined in accordance with
that division.
(B) If the landlord makes an entry in violation of
division (A)(8) of this
section, makes a lawful entry in an unreasonable manner,
or makes repeated demands for entry otherwise lawful
that have the effect of harassing the tenant, the tenant
may recover actual damages resulting from the entry or
demands, obtain injunctive relief to prevent the
recurrence of the conduct, and obtain a judgment for
reasonable attorney's fees, or may terminate the rental
agreement.
§
5321.05. Obligations of tenant
(A) A tenant who is a party to a rental agreement
shall do all of the following:
(1) Keep that part of the premises that he occupies
and uses safe and sanitary;
(2) Dispose of all rubbish, garbage, and other waste
in a clean, safe, and sanitary manner;
(3) Keep all plumbing fixtures in the dwelling unit
or used by him as clean as their condition permits;
(4) Use and operate all electrical and plumbing
fixtures properly;
(5) Comply with the requirements imposed on tenants
by all applicable state and local housing, health, and
safety codes;
(6) Personally refrain and forbid any other person
who is on the premises with his permission from
intentionally or negligently destroying, defacing,
damaging, or removing any fixture, appliance, or other
part of the premises;
(7) Maintain in good working order and condition any
range, refrigerator, washer, dryer, dishwasher, or other
appliances supplied by the landlord and required to be
maintained by the tenant under the terms and conditions
of a written rental agreement;
(8) Conduct himself and require other persons on the
premises with his consent to conduct themselves in a
manner that will not disturb his neighbors' peaceful
enjoyment of the premises;
(9) Conduct himself, and require persons in his
household and persons on the premises with his consent
to conduct themselves, in connection with the premises
so as not to violate the prohibitions contained in
Chapters 2925. and 3719.
of the Revised Code, or in
municipal ordinances that are substantially similar to
any section in either of those chapters, which relate to
controlled substances.
(B) The tenant shall not unreasonably withhold consent
for the landlord to enter into the dwelling unit in
order to inspect the premises, make ordinary, necessary,
or agreed repairs, decorations, alterations, or
improvements, deliver parcels that are too large for the
tenant's mail facilities, supply necessary or agreed
services, or exhibit the dwelling unit to prospective or
actual purchasers, mortgagees, tenants, workmen, or
contractors.
(C) (1) If the tenant violates any provision of this
section, other than division (A)(9)
of this section, the landlord may recover any actual
damages that result from the violation together with
reasonable attorney's fees. This remedy is in addition
to any right of the landlord to terminate the rental
agreement, to maintain an action for the possession of
the premises, or to obtain injunctive relief to compel
access under division (B) of this section.
(2) If the tenant violates division (A)(9) of this
section and if the landlord has actual knowledge of or
has reasonable cause to believe that the tenant, any
person in the tenant's household, or any person on the
premises with the consent of the tenant previously has
or presently is engaged in a violation as described in
division (A)(6)(a)(i) of
section 1923.02 of the Revised Code, whether
or not the tenant or other person has been charged with,
has pleaded guilty to or been convicted of, or has been
determined to be a delinquent child for an act that, if
committed by an adult, would be a violation as described
in that division, then the landlord promptly shall give
the notice required by division (C) of
section 5321.17 of the Revised Code. If the
tenant fails to vacate the premises within three days
after the giving of that notice, then the landlord
promptly shall comply with division (A)(9) of
section 5321.04 of the Revised Code. For
purposes of this division, actual knowledge or
reasonable cause to believe as described in this
division shall be determined in accordance with division
(A)(6)(a)(i) of
section 1923.02 of the Revised Code.
§
5321.051. Tenant not to allow occupancy of premises by
person by certain sex offenders and child-victim
offenders
(A) (1) No tenant of any residential premises located
within one thousand feet of any school premises shall
allow any person to occupy those residential premises if
both of the following apply regarding the person:
(a) The person's name appears on the state
registry of sex offenders and child-victim offenders
maintained under
section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and
child-victim offenders indicates that the person was
convicted of or pleaded guilty to either a sexually
oriented offense that is not a registration-exempt
sexually oriented offense or a child-victim oriented
offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence
for that offense.
(2) If a tenant allows occupancy in violation of this
section or a person establishes a residence or occupies
residential premises in violation of
section 2950.031 [2950.03.1] of the Revised Code,
the landlord for the residential premises that are the
subject of the rental agreement or other tenancy may
terminate the rental agreement or other tenancy of the
tenant and all other occupants.
(B) If a landlord is authorized to terminate a rental
agreement or other tenancy pursuant to division (A) of
this section but does not so terminate the rental
agreement or other tenancy, the landlord is not liable
in a tort or other civil action in damages for any
injury, death, or loss to person or property that
allegedly results from that decision.
§
5321.06. Rental agreement terms
A landlord and a tenant may include in a rental
agreement any terms and conditions, including any term
relating to rent, the duration of an agreement, and any
other provisions governing the rights and obligations of
the parties that are not inconsistent with or prohibited
by Chapter 5321. of the
Revised Code or any other rule of law.
§
5321.07. Notice to landlord to remedy condition; deposit
of rent with court or other remedies
(A) If a landlord fails to fulfill any obligation
imposed upon him by
section 5321.04 of the Revised Code, other
than the obligation specified in division (A)(9) of that
section, or any obligation imposed upon him by the
rental agreement, if the conditions of the residential
premises are such that the tenant reasonably believes
that a landlord has failed to fulfill any such
obligations, or if a governmental agency has found that
the premises are not in compliance with building,
housing, health, or safety codes that apply to any
condition of the premises that could materially affect
the health and safety of an occupant, the tenant may
give notice in writing to the landlord, specifying the
acts, omissions, or code violations that constitute
noncompliance. The notice shall be sent to the person or
place where rent is normally paid.
(B) If a landlord receives the notice described in
division (A) of this section and after receipt of the
notice fails to remedy the condition within a reasonable
time considering the severity of the condition and the
time necessary to remedy it, or within thirty days,
whichever is sooner, and if the tenant is current in
rent payments due under the rental agreement, the tenant
may do one of the following:
(1) Deposit all rent that is due and thereafter
becomes due the landlord with the clerk of the municipal
or county court having jurisdiction in the territory in
which the residential premises are located;
(2) Apply to the court for an order directing the
landlord to remedy the condition. As part of the
application, the tenant may deposit rent pursuant to
division (B)(1) of this section, may apply for an order
reducing the periodic rent due the landlord until the
landlord remedies the condition, and may apply for an
order to use the rent deposited to remedy the condition.
In any order issued pursuant to this division, the court
may require the tenant to deposit rent with the clerk of
court as provided in division (B)(1)
of this section.
(3) Terminate the rental agreement.
(C) This section does not apply to any landlord who is a
party to rental agreements that cover three or fewer
dwelling units and who provides notice of that fact in a
written rental agreement or, in the case of an oral
tenancy, delivers written notice of that fact to the
tenant at the time of initial occupancy by the tenant.
(D) This section does not apply to a dwelling unit
occupied by a student tenant.
§
5321.08. Duties of clerk of court
(A) Whenever a tenant deposits rent with the clerk of
a court as provided in
section 5321.07 of the Revised Code, the
clerk shall give written notice of this fact to the
landlord and to his agent, if any.
(B) The clerk shall place all rent deposited with him in
a separate rent escrow account in the name of the clerk
in a bank or building and loan association domiciled in
this state.
(C) The clerk shall keep in a separate docket an account
of each deposit, with the name and address of the
tenant, and the name and address of the landlord and of
his agent, if any.
(D) For his costs, the clerk may charge a fee of one per
cent of the amount of the rent deposited, which shall be
assessed as court costs.
(E) All interest that has accrued on the rent deposited
by the clerk of a county court under division (B) of
this section shall be paid into the treasury of the
political subdivision for which the clerk performs his
duties. All interest that has accrued on the rent
deposited by the clerk of a municipal court under
division (B) of this section shall be paid into the city
treasury as defined in division (B) of
section 1901.03 of the Revised Code.
§
5321.09. Landlord may apply for release of rent
(A) A landlord who receives notice that rent due him
has been deposited with a clerk of a municipal or county
court pursuant to
section 5321.07 of the Revised Code, may do
any of the following:
(1) Apply to the clerk of the court for release of
the rent on the ground that the condition contained in
the notice given pursuant to division (A) of
section 5321.07 of the Revised Code has been
remedied. The clerk shall forthwith release the rent,
less costs, to the landlord if the tenant gives written
notice to the clerk that the condition has been
remedied.
(2) Apply to the court for release of the rent on the
ground that the tenant did not comply with the notice
requirement of division (A) of
section 5321.07 of the Revised Code, or that
the tenant was not current in rent payments due under
the rental agreement at the time the tenant initiated
rent deposits with the clerk of the court under division
(B)(1) of
section 5321.07 of the Revised Code.
(3) Apply to the court for release of the rent on the
ground that there was no violation of any obligation
imposed upon the landlord by
section 5321.04 of the Revised Code, other
than the obligation specified in division (A)(9) of that
section, any obligation imposed upon him by the rental
agreement, or any obligation imposed upon him by any
building, housing, health, or safety code, or that the
condition contained in the notice given pursuant to
division (A) of
section 5321.07 of the Revised Code has been
remedied.
(B) The tenant shall be named as a party to any action
filed by the landlord under this section, and shall have
the right to file an answer and counterclaim, as in
other civil actions. A trial shall be held within sixty
days of the date of the filing of the landlord's
complaint, unless, for good cause shown, the court
continues the period for trial.
(C) If the court finds that there was no violation of
any obligation imposed upon the landlord by
section 5321.04 of the Revised Code, other
than the obligation specified in division (A)(9) of that
section, any obligation imposed upon him by the rental
agreement, or any obligation imposed upon him by any
building, housing, health, or safety code, that the
condition contained in the notice given pursuant to
division (A) of
section 5321.07 of the Revised Code has been
remedied, that the tenant did not comply with the notice
requirement of division (A) of
section 5321.07 of the Revised Code, or that
the tenant was not current in rent payments at the time
the tenant initiated rent deposits with the clerk of
court under division (B)(1) of
section 5321.07 of the Revised Code, the
court shall order the release to the landlord of rent on
deposit with the clerk, less costs.
(D) If the court finds that the condition contained in
the notice given pursuant to division (A) of
section 5321.07 of the Revised Code was the
result of an act or omission of the tenant, or that the
tenant intentionally acted in bad faith in proceeding
under
section 5321.07 of the Revised Code, the
tenant shall be liable for damages caused to the
landlord and costs, together with reasonable attorney's
fees if the tenant intentionally acted in bad faith.
§
5321.10. Partial release of rent
(A) If a landlord brings an action for the release of
rent deposited with a clerk of court, the court may,
during the pendency of the
action, upon application of the landlord, release part
of the rent on deposit for payment of the periodic
interest on a mortgage on the premises, the periodic
principal payments on a mortgage on the premises, the
insurance premiums for the premises, real estate taxes
on the premises, utility services, repairs, and other
customary and usual costs of operating the premises as a
rental unit.
(B) In determining whether to release rent for the
payments described in division (A) of this section, the
court shall consider the amount of rent the landlord
receives from other rental units in the buildings of
which the residential premises are a part, the cost of
operating those units, and the costs which may be
required to remedy the condition contained in the notice
given pursuant to division (A) of
section 5321.07 of the Revised Code.
§
5321.11. Noncompliance by tenant terminates agreement
If the tenant fails to fulfill any obligation imposed
upon him by
section 5321.05 of the Revised Code that
materially affects health and safety, other than the
obligation described in division (A)(9) of that section,
the landlord may deliver a written notice of this fact
to the tenant specifying the act or omission that
constitutes noncompliance with the pertinent obligations
and specifying that the rental agreement will terminate
upon a date specified in the notice, not less than
thirty days after receipt of the notice. If the tenant
fails to remedy the condition specified in the notice,
the rental agreement shall terminate as provided in the
notice.
§
5321.12.
Recovery of damages
In any action under Chapter 5321.
of the Revised Code, any
party may recover damages for the breach of contract or
the breach of any duty that is imposed by law.
§
5321.13. Rental agreement terms barred
(A) No provision of this chapter may be modified or
waived by any oral or written agreement except as
provided in division (F) of this section.
(B) No warrant of attorney to confess judgment shall be
recognized in any rental agreement or in any other
agreement between a landlord and tenant for the recovery
of rent or damages to the residential premises.
(C) No agreement to pay the landlord's or tenant's
attorney's fees shall be recognized in any rental
agreement for residential premises or in any other
agreement between a landlord and tenant.
(D) No agreement by a tenant to the exculpation or
limitation of any liability of the landlord arising
under law or to indemnify the landlord for that
liability or its related costs shall be recognized in
any rental agreement or in any other agreement between a
landlord and tenant.
(E) A rental agreement, or the assignment, conveyance,
trust deed, or security instrument of the landlord's
interest in the rental agreement may not permit the
receipt of rent free of the obligation to comply with
section 5321.04 of the Revised Code.
(F) The landlord may agree to assume responsibility for
fulfilling any duty or obligation imposed on a tenant by
section 5321.05 of the Revised Code, other
than the obligation specified in division (A)(9) of that
section.
§
5321.14. Unconscionable agreement
(A) If the court as a matter of law finds a rental
agreement, or any clause thereof, to have been
unconscionable at the time it was made, it may refuse to
enforce the rental agreement or it may enforce the
remainder of the rental agreement without the
unconscionable clause, or it may so limit the
application of any unconscionable clause as to avoid any
unconscionable result.
(B) When it is claimed or appears to the court that the
rental agreement, or any clause thereof, may be
unconscionable, the parties shall be afforded a
reasonable opportunity to present evidence as to its
setting, purpose, and effect to aid the court in making
the determination.
§
5321.15. Prohibited self-help remedies of landlord
(A) No landlord of residential premises shall
initiate any act, including termination of utilities or
services, exclusion from the premises, or threat of any
unlawful act, against a tenant, or a tenant whose right
to possession has terminated, for the purpose of
recovering possession of residential premises, other
than as provided in Chapters 1923., 5303., and 5321.
of the Revised Code.
(B) No landlord of residential premises shall seize the
furnishings or possessions of a tenant, or of a tenant
whose right to possession has terminated, for the
purpose of recovering rent payments, other than in
accordance with an order issued by a court of competent
jurisdiction.
(C) A landlord who violates this section is liable in a
civil action for all damages caused to a tenant, or to a
tenant whose right to possession has terminated,
together with reasonable attorneys fees.
§
5321.16. Security deposit procedures
(A) Any security deposit in excess of fifty dollars
or one month's periodic rent, whichever is greater,
shall bear interest on the excess at the rate of five
per cent per annum if the tenant remains in possession
of the premises for six months or more, and shall be
computed and paid annually by the landlord to the
tenant.
(B) Upon termination of the rental agreement any
property or money held by the landlord as a security
deposit may be applied to the payment of past due rent
and to the payment of the amount of damages that the
landlord has suffered by reason of the tenant's
noncompliance with
section 5321.05 of the Revised Code or the
rental agreement. Any deduction from the security
deposit shall be itemized and identified by the landlord
in a written notice delivered to the tenant together
with the amount due, within thirty days after
termination of the rental agreement and delivery of
possession. The tenant shall provide the landlord in
writing with a forwarding address or new address to
which the written notice and amount due from the
landlord may be sent. If the tenant fails to provide the
landlord with the forwarding or new address as required,
the tenant shall not be entitled to damages or attorneys
fees under division (C) of this section.
(C) If the landlord fails to comply with division (B) of
this section, the tenant may
recover the property and money due him, together with
damages in an amount equal to the amount wrongfully
withheld, and reasonable attorneys fees.
§
5321.17. Termination of periodic tenancies
(A) Except as provided in division (C) of this
section, the landlord or the tenant may terminate or
fail to renew a week-to-week tenancy by notice given the
other at least seven days prior to the termination date
specified in the notice.
(B) Except as provided in division (C) of this section,
the landlord or the tenant may terminate or fail to
renew a month-to-month tenancy by notice given the other
at least thirty days prior to the periodic rental date.
(C) If a tenant violates division (A)(9) of
section 5321.05 of the Revised Code and if
the landlord has actual knowledge of or has reasonable
cause to believe that the tenant, any person in the
tenant's household, or any person on the residential
premises with the consent of the tenant previously has
or presently is engaged in a violation as described in
division (A)(6)(a)(i) of
section 1923.02 of the Revised Code, the
landlord shall terminate the week-to-week tenancy,
month-to-month tenancy, or other rental agreement with
the tenant by giving a notice of termination to the
tenant in accordance with this division. The notice
shall specify that the tenancy or other rental agreement
is terminated three days after the giving of the notice,
and the landlord may give the notice whether or not the
tenant or other person has been charged with, has
pleaded guilty to or been convicted of, or has been
determined to be a delinquent child for an act that, if
committed by an adult, would be a violation as described
in division (A)(6)(a)(i) of
section 1923.02 of the Revised Code. If the
tenant fails to vacate the premises within three days
after the giving of that notice, then the landlord
promptly shall comply with division (A)(9) of
section 5321.04 of the Revised Code. For
purposes of this division, actual knowledge or
reasonable cause to believe as described in this
division shall be determined in accordance with division
(A)(6)(a)(i) of
section 1923.02 of the Revised Code.
(D) This section does not apply to a termination based
on the breach of a condition of a rental agreement or
the breach of a duty and obligation imposed by law,
except that it does apply to a breach of the obligation
imposed upon a tenant by division (A)(9) of
section 5321.05 of the Revised Code.
§
5321.18. Contents of residential rental agreement
(A) Every written rental agreement for residential
premises shall contain the name and address of the owner
and the name and address of the owner's agent, if any.
If the owner or the owner's agent is a corporation,
partnership, limited partnership, association, trust, or
other entity, the address shall be the principal place
of business in the county in which the residential
property is situated or if there is no place of business
in such county then its principal place of business in
this state, and shall include the name of the person in
charge thereof.
(B) If the rental agreement is oral, the landlord, at
the commencement of the term of occupancy, shall deliver
to tenant a written notice containing the information
required in division (A) of this section.
(C) If the landlord fails to provide the notice of the
name and address of the owner and owner's agent, if any,
required under division (A) or (B) of this section, the
notices to the landlord required under division (A) of
section 5321.07 and division (A) of
section 5321.08 of the Revised Code shall be
waived by the landlord and his agent.
§
5321.19. Effect on municipal ordinances, township
resolutions
No municipal corporation may adopt or continue in
existence any ordinance and no township may adopt or
continue in existence any resolution that is in conflict
with this chapter, or that regulates the rights and
obligations