Tenants Rights in Ohio

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    • Chapter 5321 of Title 53 of the Ohio Revised Code, titled Landlords and Tenants, defines the rights of tenants in the state of Ohio. The law protects all tenants who pay rent for a place to live in the state, as long as that place is not a nursing home, hotel or motel, or a farm residence with over two acres of land.

    Rental Agreement

    • A tenant and landlord can form any rental agreement that they choose, as long as that agreement does not take away the rights of the tenant, as protected by the Ohio Revised Code. Additionally, the agreement cannot contain anything unfair or unenforceable, take away the right of the tenant to sue the landlord for injury on the premise, or force the tenant to pay for repairs that the landlord is responsible for. The agreement also stipulates that the tenant may be evicted legally through the court system.

    Rights

    • The tenant has a right to the following: to join a tenant’s union for the purpose of bargaining with the landlord about the rental agreement; to receive notice when the landlord wants to end the agreement or raise the price of the rent; to know the contact information of the property agent; and to complain to any government agency if the landlord violates or possibly violates housing laws or any laws, rules or regulations dealing with health and safety. Additionally, the tenant must receive at least three days written notice that the landlord intends to file an eviction with the court.

    Remedies

    • If the landlord violates any of the legal duties as specified by the Ohio Revised Code for Landlords and Tenants, the tenant has a right to sue the landlord for damages. The tenant also has the right to force the landlord to make repairs. This means that the tenant must give 30 days written notice of the repairs that are legally required. If the landlord does not make the required repairs within 30 days, the tenant can apply for a court order at the county clerk of courts to force the landlord to make the repairs. The tenant also has the right to cancel the rental agreement, as long as the tenant gives proper notice, and after the landlord has failed to make the repairs within 30 days of notice.

    Security Deposit

    • The landlord must return a security deposit within 30 days after the cancellation or termination of the rental agreement. The landlord can deduct the cost of repairs from the security deposit (though not for normal wear and tear), but if the tenant disagrees with these deductions, he has a right to sue the landlord in small-claims court.

    Prohibited Acts

    • A landlord cannot lock out a tenant from his rental property, nor can he turn off utilities or take a tenant’s belongings as a lien on past-due payments. A landlord is also not permitted to retaliate against a tenant who threatens to assert his legal rights. Retaliation is defined as raising rent or cutting off services, such as utilities. And finally, a landlord is prohibited from harassing a tenant by entering the rental property without notice or permission.

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