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| City
of Piqua Ohio |
Landlord-Tenant
Rights & Responsibilities
Under Ohio Law |
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| Introduction |
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The Ohio Tenant-Landlord Act of 1974 outlines
the rights and responsibilities of both tenants and
landlords. It doe snot apply to mobile home trailer
parks (see Chapter 3733, Ohio Revised Code), owner-occupied
condominiums, prisons, jails, workhouses or halfway houses,
hotels, motels or tourist homes, hospitals or nursing homes,
farm residences on two or more acres of land, or school
dormitories.
The information found here is for reference purposes
only. For additional information or specific
interpretation of the law, please seek legal counsel.
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| Fair Housing |
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The Ohio Civil Rights Act governs the
enforcement of the Federal Fair Housing Amendments Act of 1988
which states that it is illegal to discriminate against any
person because of race, color, religion, sex, national origin,
handicap or familial status in the Sale or rental of housing or
residential lots, in advertising the sale or rental of housing,
in the financing of housing, in the terms of renting property,
or in the provision of real estate brokerage services.
If you suspect you have been discriminated against, please
contact your local Fair Housing Office or the Ohio Civil Rights
Commission. |
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| The Rental Agreement |
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| A lease is a rental agreement or contract
and can be written, oral, or implied. It is recommended
that a signed lease be negotiated on order to better define your
rights and duties under the law as well as your
landlord's. Leases also protect you from indiscriminate
rent increases or termination of tenancy. Without a signed
lease, rent can be increased or the agreement terminated with
only a seven day notice if you rent by the week or with 30 days
notice if renting by the month. |
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| A Security deposit collected from the
tenant and held by the landlord acts as an insurance policy
against damages to the property or for unpaid rent. An
amount equal to one months rent is a typical deposit but any
amount may be required. If the deposit is in excess to one
months rent and the tenant occupies the property longer than six
months, the amount over is entitled to 5% interest per
year. For example, if the rent is $400 and the deposit is
$500, five percent interest is due to the tenant on the $100
excess which amounts to $5 per year. |
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| Inspection |
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Before signing the lease and paying any non-refundable
deposit, the tenant and the landlord should inspect the property
together. A detailed record of the condition of the
property, including the yard if renting a house should be
made. This not only protects the tenant from being charged
for damages he/she did not incur, but provides the landlord with
a list of defects needing correction. If possible, videotape or
take pictures of the interior and exterior of the home noting
nay defects.
The landlord may schedule routine inspections of the property
during your tenancy. A minimum of 24 hours notice of the landlord's
intent to enter and inspect the property must be given to the
tenant.
In case of any emergency the landlord may enter the property
without notice.
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| Recovering the Security
Deposit |
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After moving out, the tenant has a right to
a refund of his/her security deposit, less any damages to the
unit and unpaid rent. The tenant is not liable for normal
usage or normal wear and tear to a property. Prior to
moving out, the tenant should give proper notice and include a
forwarding address. The landlord is required to return the
balance of the security deposit within 30 days of the tenant
vacating the unit. If the amount returned is not the full
deposit, the landlord must provide a written itemized statement of
the damages and past due rent.
If the security deposit and statement is not returned to the
tenant within 30 days, the tenant can sue for as much as twice
the amount the landlord should have paid, plus the tenant's
attorney fess. Please seek legal assistance before going
to court.
In order to assure return of the security deposit, the tenant
should:
Keep rent receipts.
Give a minimum of 30 days notice, in writing, of intent to
vacate.
Correct any damages to property made during your tenancy.
Request the landlord to inspect the property with you. You
may want to take pictures and/or have a witness with you during
this inspection. Also it is best to use the same check
list when moving out as when you moved in.
Return all keys to the landlord and provide him/her with your
forwarding address.
Make a record of the landlord's full name and business address. |
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| Tenants'
Responsibilities |
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Tenants Must:
Pay their rent in full when due.
Keep the property safe, sanitary and clean.
Keep all plumbing fixtures clean and free flowing.
Not damage the property not allow guests to do so.
Keep appliances in good working order as outlined by the lease.
Allow the landlord to inspect or show the property, make repairs
at reasonable times with a least 24 hours notice or immediately
in case of emergency.
Comply with all local housing, health and safety codes. |
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| Tenants Rights and
Remedies |
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Rent Escrow:
If your landlord does not comply with his/her obligations, you
have a right to escrow your rent with the court. You as
the tenant do not have the right to stop paying rent and to do
so voids your protection under the law. In order to escrow
rent, a tenant must:
Pay rent up to date.
Request in writing the repairs needed.
If the landlord fails to make the repairs within 30 days or
within a reasonable time in case of an emergency, the tenant
can:
1. Escrow rent by depositing it with the clerk of the appropriate
municipal or county court.
2. Ask the court to direct that the repairs be made, to reduce
the rent, and to release some of the money for making repairs.
3. Terminate the lease and move out. In this case, the
security deposit should be returned in full.
It is recommended that a tenant seek legal assistance with
escrowing of rent. NOTE: Rent escrow is not an available
remedy if a landlord owns fewer than four rental units and
delivered written notice of this fact to the tenant upon moving
in. |
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| Landlords'
Responsibilities |
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Landlords must:
Assure that the property complies with all building, housing
and health codes which significantly affect health and
safety. Most communities have housing inspectors who can
inspect conditions and cite landlords for violations, condemn
property unfit for habitation, and prosecute landlords who
refuse to comply with housing code requirements.
Make all necessary repairs to make the property livable.
This includes keeping all electrical, plumbing, and heating and
ventilation systems in good working order.
Supply adequate hot and cold running water and heat at all
times.
Keep all common areas in the building or on the grounds safe and
sanitary.
Give at least 24 hours notice before entering your apartment or
house except in case of emergency. He/she may not abuse
their right of access to inspect the property, deliver packages,
or show the property to prospective tenants or buyers.
Landlords may not enter without proper notice and can be
held responsible for any damages or injuries caused by their trespassing.
Landlords cannot:
Shut off utilities or other services, change the locks,
remove doors or windows or threaten to do any of these unlawful
acts in an attempt to evict tenants.
Prevent you from exercising your rights as a tenant by
increasing your rent, decreasing your services, bringing or
threatening to bring an eviction because you have complained to
him/her or to the city about a code violation or because you
have participated in a tenants' union.
Enter your apartment or house whenever he wants to or repeatedly
demanding to enter even though proper notice has been given.
Refuse to rent to tenants because of their race, color,
religion, national origin, citizenship, sex or handicap.
If a landlord does any of the above, he/she can be sued for
damages and forced by court order to restore utility services,
remove padlocks, return tenants' property or rent to the person
discriminated against. Punitive damages can also be assessed
against landlords who deliberately or maliciously violate the
law. |
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| Landlords' Right and
Remedies |
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A landlord can sue a tenant for money
damages, termination of the lease, and eviction from the
property if the tenant fails to fulfill hi/her duties as
outlined in the lease agreement.
A landlord can evict a tenant when:
Tenant fails to pay rent when due.
Tenant violates important terms of the lease.
The lease agreement has expired.
Tenant fails to comply with proper notice to correct health and
safety violations. (Written notice must be given to the
tenant stating specific violations. The tenant then has 30
days to correct the situation.)
Tenant refuses to allow the landlord reasonable access to the
unit.
Tenant files a complaint against the landlord to governmental
agency about housing violations which were actually caused by
the tenant and/or guests.
Landlord's compliance with housing laws would require alteration
or demolition of the building which would deprive the tenant
effective use of the premises. |
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| The Eviction Process |
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| Step 1 |
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A landlord wanting to evict a tenant must
notify the tenant to leave the premises three days or more
before beginning any court action. The landlord must hand
a written copy of the notice to the tenant, send it by
registered mail or leave it at the tenant's residence.
This notice must contain the following words:
"You are being asked to leave the premises. If you
do not leave, an eviction action may be initiated against
you. If you in doubt regarding your legal rights and
obligations as a tenant, it is recommended that you seek legal assistance." |
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| Step 2 |
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| If the tenant doe snot vacate the premises
then the landlord must file a complaint at Municipal Court
called a "Forcible Entry and Detainer Notice" claiming
that the lease is expired or that the tenant has violated the
law or the lease agreement. |
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| Step 3 |
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| The tenant receives a court summons at
least five (5) days prior to the hearing. |
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| Step 4 |
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| The Court hearing is held and a judge
decides the case. |
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| Summary |
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Nearly everyone rents an apartment or house
at some point in their life. If this is your first tike
renting, or even if you are a seasoned renter, you may find you
still have questions. If so, you may contact the offices
listed below or seek legal assistance.
In summary, it is extremely important to:
Know your rights and responsibilities as a renter;
Have a signed lease with the landlord;
Do a thorough inspection prior to moving in and again when
moving out;
Keep copies of all rent payments;
Understand and comply with all terms of the lease - ask
questions, get answers;
Maintain the property as if it were your own;
Give proper notice when moving out; and
Seek legal assistance when necessary.
The more you understand about your obligations and rights,
the more rewarding the experience will be.
Good luck! |
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| If You Need Assistance
Please Contact: |
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Miami County Fair Housing
Office
510 W. Water Street, Suite 110
Troy, OH 45373-2983
(937) 440-8116 |
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Ohio Civil Rights
Commission
Dayton Regional Office
800 Miami Valley Tower
40 W. Fourth Street
Dayton, OH 45402
(937) 285-6500 |
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U.S. Dept. of Housing and
Urban Development
Region V
HUD - Fair Housing and Equal Opportunity
(FHEO)
626 W. Jackson Blvd.
Chicago, Illinois 60606-5760
1-800-669-9777 Complaint Hotline |
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Rural Legal Aid Society
of West Central Ohio
(937) 339-0828 |
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Housing Rehab
201 W Water St.
Municipal Government Complex - 2nd Floor
Piqua OH 45356
937-778-2062
e-mail
Housing Rehab
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