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An Ohio residential lease agreement is a legally binding contract between a landlord and a tenant for renting property. This agreement outlines the terms and conditions of the rental arrangement, including the duration of the lease, the amount of rent to be paid, security deposit details, payment due dates, responsibilities regarding utilities, rules for property use, and conditions for lease violations and eviction procedures.

Required Disclosures

Ohio law mandates certain disclosures in residential lease agreements to ensure tenant awareness of potential risks and landlord responsibilities.

Lead-Based Paint Disclosure

For properties built before 1978, landlords must provide a lead-based paint disclosure form and an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.

Landlord’s Name and Address

All Ohio leases must include the name and address of the landlord or authorized agent. This information facilitates communication regarding legal notices and any changes in contact information.

While not legally required, the following disclosures are recommended to assist with tenant management and limit landlord liability:

  • Asbestos: Information about any asbestos hazards related to the property.
  • Bed Bugs: Disclosure of any history of bed bug infestations.
  • Late/Returned Check Fees: Specification of late fees (must be reasonable) and returned check fees (capped at $30 or 10% of the bad payment).
  • Medical Marijuana Use: Policy regarding medical marijuana use on the property.
  • Mold Disclosure: Information about actual or suspected mold contamination and any remediation efforts.
  • Move-in Checklist: Inventory of existing property damage upon tenant move-in.
  • Non-Refundable Fees: Disclosure of any non-refundable fees.
  • Shared Utilities Arrangements: Explanation of utility billing for shared meters.
  • Smoking: Designation of smoking areas.

Security Deposit Laws

Maximum Amount

Ohio law does not impose a statutory limit on the amount a landlord can charge for a security deposit.

Collecting Interest

If the security deposit exceeds $50 or one month’s rent, whichever is greater, it must be held in an interest-bearing account at a rate of 5% annually.

Returning Security Deposits

Landlords must return unused security deposits within 30 days of the lease’s end, along with an itemized list of any deductions made.

Rent Payment Laws

Grace Period

There is no legally mandated grace period for rent payments in Ohio.

Late Fees

There is no maximum limit on late fees; however, any late fee must be reasonable. The maximum fee for a returned check is capped at $30 or 10% of the check amount, whichever is greater.

Lease Termination

A lease can be terminated by providing a 30-day notice for month-to-month tenancies. For longer leases, the notice period may vary based on the specific terms of the lease.

Landlord Right of Entry

Landlords must provide reasonable notice, typically 24 hours, before entering the rental property.

Property Repairs

Landlords are responsible for maintaining the property in a habitable condition and must address repair requests promptly, ensuring compliance with health and safety standards.

FAQs

In Ohio, the primary required disclosure is the lead-based paint disclosure for properties built before 1978. Landlords must provide tenants with a lead-based paint disclosure form, an EPA-approved pamphlet about lead hazards, and any additional records regarding lead paint in the unit. Additionally, the lease must include the landlord’s name and address for effective communication.

Ohio law does not specify a maximum amount for security deposits. However, if the deposit exceeds $50 or one month’s rent, whichever is greater, it must be held in an interest-bearing account and accrue 5% annual interest, payable to the tenant if they reside in the property for more than six months.

A landlord in Ohio must return the unused portion of a security deposit within 30 days after the lease ends. They are also required to provide an itemized list of any deductions made from the deposit.

Yes, a lease can automatically renew in Ohio. Most rental agreements will transition into a month-to-month rental agreement after the initial term ends, maintaining the same basic terms and conditions unless otherwise specified.

If a landlord fails to provide mandatory disclosures, such as the lead-based paint disclosure, they may face legal consequences, including fines. Specifically, non-compliance with federal lead-based paint regulations can result in fines of tens of thousands of dollars per violation.

Ohio law does not impose a maximum limit on late fees for rent payments. However, any late fees must be considered ‘reasonable,’ and landlords can charge a maximum of $30 or 10% of the bad payment amount for returned checks.

An Ohio residential lease agreement should include the names of the landlord and tenant, property address, lease duration, rent amount, payment due dates, security deposit details, and any rules regarding property use. It should also specify the governing law and include a signature section for both parties.

In Ohio, lease agreements do not need to be notarized unless they are for a term longer than three years. Notarization can help establish the identity of the signers but is not a requirement for the lease to be valid.