Ohio has specific regulations for mid-term rentals (leases between one and six months) that every landlord should be aware of. These regulations govern various aspects of the rental process, including security deposits, late fees, eviction procedures, and tenant rights. Below is a breakdown of the key points, along with actionable provisions that landlords should include in their mid-term rental lease agreements to ensure compliance and clarity.
1. Security Deposit Limits
[li indent=0 align=left]Ohio law: No statutory limit exists for the amount that landlords can charge as a security deposit, though one month’s rent is common practice.[li indent=0 align=left]Lease Provision: Clearly state the amount of the security deposit required in the lease and outline what it can be used for, including unpaid rent and damages beyond normal wear and tear.
2. Security Deposit Return
[li indent=0 align=left]Ohio law: Landlords must return the security deposit within 30 days of the tenant vacating, along with an itemized list of any deductions.[li indent=0 align=left]Lease Provision: Include a clause specifying that the security deposit will be returned within 30 days, and outline the conditions under which deductions may be made. Include a statement that an itemized deduction list will be provided.
3. Notice for Rent Increases
[li indent=0 align=left]Ohio law: For month-to-month tenancies, landlords must give 30 days’ notice before increasing the rent.[li indent=0 align=left]Lease Provision: Specify the amount of rent and the procedure for rent increases, including the required 30 days’ notice period for month-to-month tenants.
4. Eviction Process
[li indent=0 align=left]Ohio law: For non-payment of rent, landlords must give a 3-day notice to pay or vacate. For other lease violations, a 30-day notice to correct the violation is required.[li indent=0 align=left]Lease Provision: Include the required notice periods for both non-payment of rent and lease violations in your lease. Clearly state that failure to comply with these notices may result in eviction proceedings.
5. Right to Repair and Deduct
[li indent=0 align=left]Ohio law: Tenants can make necessary repairs and deduct the cost from the rent if the landlord fails to address issues after proper notice. However, this right must be exercised with caution.[li indent=0 align=left]Lease Provision: Outline the procedure tenants must follow if they wish to repair and deduct. Include a requirement for written notice before the tenant can take such action.
6. Late Fees
[li indent=0 align=left]Ohio law: Late fees are permitted but must be reasonable and clearly outlined in the lease. There is no statutory cap on late fees.[li indent=0 align=left]Lease Provision: Specify the late fee amount and the timeframe in which it will be applied, often after a 5-day grace period. Ensure this is clearly defined in the lease.
7. Tenant’s Right to Terminate Lease for Domestic Violence
[li indent=0 align=left]Ohio law: Victims of domestic violence can terminate their lease early with proper documentation, such as a protective order.[li indent=0 align=left]Lease Provision: Include a clause that allows for early lease termination in cases of domestic violence, specifying the required documentation.
8. Lead-Based Paint Hazards
[li indent=0 align=left]Federal law: Landlords must disclose any known lead-based paint hazards in properties built before 1978.[li indent=0 align=left]Lease Provision: Ensure the lease includes a lead-based paint disclosure for properties built before 1978 and provide tenants with the required EPA pamphlet on lead hazards.
9. Landlord Access to Property
[li indent=0 align=left]Ohio law: Landlords must provide reasonable notice (usually 24 hours) before entering a rental unit, except in emergencies.[li indent=0 align=left]Lease Provision: Clearly define the notice requirements for property entry, specifying the typical 24-hour notice period and conditions under which emergency entry may occur.
10. Rental Agreements and Lease Terms
[li indent=0 align=left]Ohio law: Written agreements are required for leases over one year, but written agreements are recommended for all rental arrangements to avoid disputes.[li indent=0 align=left]Lease Provision: Even for mid-term rentals, ensure all terms of the agreement are written down. Include key provisions such as rent amount, due dates, and lease duration.
11. Use of Security Deposits
[li indent=0 align=left]Ohio law: Security deposits may be used to cover unpaid rent, damages beyond normal wear and tear, and lease violations.[li indent=0 align=left]Lease Provision: Specify how the security deposit may be applied and outline the process for determining what constitutes damages beyond normal wear and tear.
12. Foreclosure and Tenant Rights
[li indent=0 align=left]Ohio law: Tenants must be given 90 days' notice to vacate if the property is foreclosed, provided they have a valid lease agreement.[li indent=0 align=left]Lease Provision: Include a clause in your lease that informs tenants of their rights in the event of foreclosure, including the 90-day notice period.
13. Retaliatory Eviction Protection
[li indent=0 align=left]Ohio law: Landlords cannot evict tenants in retaliation for exercising legal rights, such as reporting code violations or requesting repairs.[li indent=0 align=left]Lease Provision: Include a statement affirming the tenant’s right to report issues without fear of retaliatory eviction.
14. Handling Abandoned Property
[li indent=0 align=left]Ohio law: Landlords must store any property left behind by tenants for 30 days before disposing of it.[li indent=0 align=left]Lease Provision: Clearly state the process for handling abandoned property, including the 30-day storage requirement.
15. Renter’s Insurance
[li indent=0 align=left]Ohio law: Renter’s insurance is not mandated but can be required by the landlord.[li indent=0 align=left]Lease Provision: If you require renter’s insurance, specify the requirement, coverage amounts, and deadlines for providing proof of insurance.
Conclusion
Ohio’s rental laws provide important guidelines that landlords must follow to maintain fair and legal rental practices. By including clear provisions regarding security deposits, rent increases, late fees, entry notices, and eviction processes, landlords can ensure compliance while protecting their rights and the rights of their tenants. Always consider state and federal laws when drafting rental agreements and seek legal advice if unsure about specific provisions.