Ohio Residential Lease Agreement: Free Template and ORC Chapter 5321 Rules

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Residential Lease Agreement (Ohio)

This Residential Lease Agreement (“Lease”) is made on [Date] for residential premises in the State of Ohio between the Landlord and the Tenant(s) named below. It is governed by Chapter 5321 of the Ohio Revised Code.

1. Parties and Owner Disclosure (Ohio Rev. Code § 5321.18)

Owner: [Full Legal Name], [Address]. [If the owner is an entity: principal place of business in [County] County, or in Ohio: [Address]; person in charge: [Name].]

Owner’s agent, if any: [Name], [Address]. [If an entity: principal place of business and person in charge.]

Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] E-mail: [E-mail]
Each Tenant is jointly and severally liable for all obligations under this Lease.

2. Premises

Address: [Street Address, Unit, City, Ohio, ZIP] County: [County]
Type: ☐ Single-family home ☐ Apartment ☐ Duplex unit ☐ Condominium ☐ Other: [Description]
Parking: [Assigned space(s), garage, or “None”] Appliances included: [List]

3. Term

☐ Fixed term. Begins [MM/DD/YYYY] and ends on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY].

Either party may end or decline to renew a month-to-month tenancy by notice given at least 30 days before the periodic rental date (§ 5321.17(B)). At the end of the fixed term, this Lease ☐ ends ☐ continues month to month, unless either party gives written notice at least [30] days before the end date.

4. Rent

Monthly rent: $[Amount], due on or before the [1st] day of each month.
Where and how to pay: [Address, portal or account; accepted methods]. Rent is paid to the person or place stated here, which is also where the Tenant sends written notices about repairs (§ 5321.07(A)).

5. Late Fee

If rent is not received by the [5th] day of the month, the Tenant will pay a late fee of $[Amount], which the parties agree is a reasonable estimate of the Landlord’s costs of late payment. Returned payment fee: $[Amount].

6. Security Deposit (Ohio Rev. Code § 5321.16)

Security deposit: $[Amount].

If the deposit exceeds $50 or one month’s rent, whichever is greater, and the Tenant remains in possession for six months or more, the excess earns interest at 5% per year, computed and paid annually to the Tenant.

After this Lease ends and the Tenant returns possession, the Landlord may apply the deposit to past-due rent and to damages caused by the Tenant’s failure to meet the Tenant’s obligations or this Lease. Within 30 days, the Landlord will deliver a written, itemized list of any deductions with the amount due to the Tenant. The Tenant must give the Landlord a forwarding address in writing; a Tenant who does not is not entitled to damages or attorney fees for late return.

7. Occupants and Use

The Premises will be used only as a private residence by the Tenant(s) and these occupants: [Names, or “None”]. Guests may not stay more than [Number] consecutive nights without the Landlord’s written consent. The Tenant may not sublet or assign this Lease without the Landlord’s prior written consent.

8. Utilities

Paid by the Landlord: ☐ Water ☐ Sewer ☐ Trash ☐ Gas ☐ Electricity ☐ Other: [Description]
Paid by the Tenant: all other utilities. The Landlord will not terminate utilities or services to recover possession (§ 5321.15).

9. Landlord’s and Tenant’s Obligations (§§ 5321.04, 5321.05)

The Landlord will comply with building, housing, health and safety codes that materially affect health and safety; make repairs needed to keep the Premises fit and habitable; keep common areas safe and sanitary; maintain supplied electrical, plumbing, sanitary, heating, ventilating and air-conditioning fixtures and appliances; and supply running water, reasonable hot water and reasonable heat. If the building has four or more units, the Landlord will provide and maintain garbage receptacles and arrange for removal.

The Tenant will keep the Premises safe and sanitary, dispose of waste properly, keep plumbing fixtures clean, use electrical and plumbing fixtures properly, not damage the Premises, keep in working order any appliances this Lease requires the Tenant to maintain: [list, or “None”], and not disturb neighbors.

Rent escrow notice (§ 5321.07(C)). ☐ The Landlord is a party to rental agreements covering three or fewer dwelling units, and the Tenant’s rent escrow remedy under § 5321.07 does not apply. [Delete if the Landlord has more than three units.]

10. Landlord’s Entry (§ 5321.04(A)(8))

Except in an emergency or where impracticable, the Landlord will give reasonable notice of intent to enter, at least 24 hours, and enter only at reasonable times. The Tenant will not unreasonably withhold consent for entry to inspect, make repairs, deliver large parcels, supply services or show the Premises (§ 5321.05(B)).

11. Pets, Smoking and Rules

Pets: ☐ No pets. ☐ Pets allowed as stated in the Pet Addendum. Assistance animals are not pets.
Smoking and vaping: ☐ Prohibited everywhere on the Premises. ☐ Allowed only in: [Area].
Rules, if any, are attached. The Tenant may display flags as permitted by § 5321.131.

12. Renter’s Insurance

The Landlord’s insurance does not cover the Tenant’s personal property. ☐ Renter’s insurance with at least $[Amount] liability coverage is required. ☐ It is recommended.

13. Lead-Based Paint (Housing Built Before 1978)

☐ The Premises were built in 1978 or later.
☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties.

14. Default and Termination

If the Tenant fails to pay rent or otherwise breaches this Lease, the Landlord may end the tenancy as the law allows. For a failure to meet an obligation in § 5321.05 that materially affects health and safety, the Landlord may give written notice that this Lease will terminate on a date at least 30 days after receipt unless the Tenant remedies the condition (§ 5321.11).

Before filing an eviction, the Landlord will give a written notice to leave the premises at least three days in advance, delivered by certified mail with return receipt, by hand, or by leaving it at the Tenant’s usual place of abode or at the Premises, containing this language: “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.” (§ 1923.04(A).)

The Landlord will not retaliate by raising rent, decreasing services or seeking possession because the Tenant complained to a government agency about code violations, complained to the Landlord about the Landlord’s obligations, or joined with other tenants to deal collectively with the Landlord (§ 5321.02). The Landlord will not lock out the Tenant, cut off utilities or seize the Tenant’s belongings except by court order (§ 5321.15). The Landlord will comply with the Servicemembers Civil Relief Act.

15. General Terms

Governing law: Ohio. No provision of this Lease waives or modifies Chapter 5321, authorizes a confession of judgment, requires either party to pay the other’s attorney fees, or limits the Landlord’s liability under law (§ 5321.13). If any provision is unenforceable, the rest of this Lease remains in effect.

Entire agreement: this Lease and its addenda are the entire agreement. Changes must be in writing and signed by both parties.

16. Addenda

☐ Lead-Based Paint Disclosure ☐ Pet Addendum ☐ Rules ☐ Move-In Condition Checklist ☐ Other: [Description]

Signatures

Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

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Ohio Residential Lease Agreement: Free Template and ORC Chapter 5321 Rules

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Frequently asked · Ohio residential lease

Residential Lease Agreement (Ohio) · owner disclosure, deposits, entry, rent escrow, notices

Eight questions to settle before an Ohio landlord and tenant sign. Chapter 5321 of the Revised Code cannot be waived by the lease, forbids attorney-fee clauses, and gives tenants a rent escrow remedy that small landlords can switch off only by saying so in the lease.

01 Required

What must every written Ohio lease state?

The name and address of the owner and of the owner's agent, if any. For a company, partnership or trust, the address is its principal place of business in the county, or else in Ohio, plus the name of the person in charge (Ohio Rev. Code § 5321.18).

With an oral lease, the landlord delivers the same information in writing at move-in. A landlord who fails to disclose it waives the written notice the tenant would otherwise have to give before using the rent escrow remedy.

02 Deposit

Is there a limit on Ohio security deposits?

No maximum, but any part of a deposit above $50 or one month's rent, whichever is greater, earns 5% interest a year once the tenant has been in possession six months, computed and paid annually (§ 5321.16(A)).

For example, with rent of $1,200 and a deposit of $1,800, interest runs on the $600 excess. A deposit equal to one month's rent or less earns no statutory interest.

03 Deposit

When must an Ohio landlord return the deposit?

Within 30 days after the lease ends and the tenant returns possession, with a written itemized list of deductions for past-due rent and damage, delivered with any balance (§ 5321.16(B)).

The tenant must provide a forwarding address in writing; without it, the tenant cannot claim damages or attorney fees for a late return. A landlord who wrongfully withholds owes the amount withheld plus an equal amount in damages and reasonable attorney fees (§ 5321.16(C)).

04 Repairs

What repairs must an Ohio landlord make?

Comply with codes materially affecting health and safety, keep the premises fit and habitable, keep common areas safe and sanitary, maintain supplied plumbing, electrical, heating and air-conditioning, and supply running water, hot water and heat (§ 5321.04).

Landlords with four or more units in the same structure must also provide garbage receptacles and removal. Tenants must keep their unit safe and sanitary, use fixtures properly and maintain any appliances the written lease assigns to them (§ 5321.05).

05 Escrow

What is Ohio's rent escrow remedy, and can a landlord opt out?

If the landlord does not fix a problem within a reasonable time, or 30 days, after written notice sent to where rent is paid, a tenant who is current on rent may deposit rent with the court clerk, ask the court for repairs or a rent reduction, or terminate the lease (§ 5321.07).

The remedy does not apply to a landlord with rental agreements covering three or fewer dwelling units who says so in the written lease. Section 9 of this template has a checkbox for that statement.

06 Entry

How much notice before an Ohio landlord enters?

Reasonable notice, presumed to be 24 hours, and entry only at reasonable times, except in an emergency or where notice is impracticable (§ 5321.04(A)(8)).

The tenant may not unreasonably refuse entry to inspect, repair, deliver large parcels, supply services or show the unit (§ 5321.05(B)). Unlawful or harassing entry lets the tenant recover damages and attorney fees, get an injunction or terminate the lease.

07 Clauses

Which lease clauses are not enforceable in Ohio?

Any waiver or modification of Chapter 5321, a confession of judgment, an agreement to pay the landlord's or tenant's attorney fees, and a clause limiting the landlord's legal liability or requiring the tenant to indemnify it (§ 5321.13).

Late fees are not capped by statute, but they must be in the lease and should be reasonable, since a court may refuse to enforce an unconscionable term (§ 5321.14). Lockouts, utility shutoffs and seizing a tenant's belongings without a court order are prohibited (§ 5321.15).

08 Ending

How does an Ohio landlord end a tenancy?

A month-to-month tenancy ends on notice given at least 30 days before the periodic rental date (§ 5321.17). Before an eviction filing, the landlord gives a notice to leave at least three days in advance, with the warning sentence the statute prescribes (§ 1923.04).

The notice may be sent by certified mail with return receipt, handed to the tenant, or left at the tenant's residence or the premises. For health and safety violations the landlord may also give a 30-day notice to remedy (§ 5321.11). Retaliation for code complaints or collective tenant action is prohibited (§ 5321.02).

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