Title 53 Real Property
Chapter 5321 Landlord Tenant
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 which are used or occupied as a
requirement of probation 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, 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. Title 53,
Chap. 5321, § 5321.01
The provisions of § 6 of SB 258 (143 v --) read as follows:
SECTION 6. Sections 1923.01, 1923.02, 1923.04, 5321.01,
5321.04, 5321.05, 5321.07, 5321.09, 5321.11, 5321.13, 5321.17, and
5321.19 of the Revised Code, as amended by Section 1 of this act,
and section 1923.051 of the Revised Code, as enacted by Section 1 of
this act,apply to landlords and tenants under week-to-week
tenancies,
month-to-month tenancies, and other rental agreements for
residential premises, as defined in section 5321.01 of the Revised
Code, that were or are entered into prior to, on, or after the
effective date of this act.
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.
Title 53, Chap. 5321, § 5321.02
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 his term.
(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. Title 53, Chap. 5321, § 5321.03
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. Title 53, Chap. 5321, [§ 5321.03.1] § 5321.031
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. Title 53, Chap. 5321, § 5321.04
See provisions, § 6 of SB 258 (143 v --) following RC §
5321.01.
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. Title 53, Chap. 5321, § 5321.05
See provisions, § 6 of SB 258 (143 v --) following RC §
5321.01.
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. Title 53, Chap. 5321, § 5321.06
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. Title 53, Chap. 5321, § 5321.07
See provisions, § 6 of SB 258 (143 v --) following RC §
5321.01.
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. Title 53,
Chap. 5321, § 5321.08
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.
Title 53, Chap. 5321, § 5321.09
See provisions, § 6 of SB 258 (143 v --) following RC §
5321.01.
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. Title 53,
Chap. 5321, § 5321.10
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.
Title 53, Chap. 5321, § 5321.11
See provisions, § 6 of SB 258 (143 v --) following RC §
5321.01.
Recover 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. Title 53, Chap. 5321, § 5321.12
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. Title 53, Chap. 5321, §
5321.13
See provisions, § 6 of SB 258 (143 v --) following RC §
5321.01.
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. Title 53, Chap. 5321, § 5321.14
Residential premises landlord restrictions.
(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. Title 53, Chap. 5321, § 5321.15
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. Title 53, Chap. 5321,
§ 5321.16
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. Title 53, Chap. 5321, §
5321.17
See provisions, § 6 of SB 258 (143 v --) following RC §
5321.01.
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. Title 53, Chap. 5321, § 5321.18
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 of parties to a rental agreement that are
regulated by this chapter. This chapter does not preempt any
housing, building, health, or safety code, or any ordinance as
described in
division (A)(9) of section 5321.04 of the Revised Code, of any
municipal corporation or township. Title 53, Chap. 5321, §
5321.19
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