Updated August 08, 2023
An Ohio lease agreement is a legal contract written for a landlord seeking to rent residential or commercial real estate to a paying tenant. Before authorizing, the tenant will view the property and negotiate the monthly rent along with the landlord’s responsibilities (utilities, services, etc.). After a verbal agreement is made, a rental application will be completed to verify the tenant’s income. Once all the tenant’s credentials are approved, a written to be signed.
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Agreement Types (6)
 Standard Residential Lease Agreement – Fixed-term that usually lasts for 12 months but can be for any specific timeframe as agreed upon by the lessor and lessee.
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 Commercial Lease Agreement – A contract written for the use of business-related space such as office, retail, or industrial.
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 Month-to-Month Lease Agreement (§ 5321.17) – A contract with no end date. The landlord and tenant may have an ongoing arrangement where payment is made every month. Either party may terminate the contract with at least 30 days’ written notice.
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 Rent-to-Own Lease Agreement – A residential fixed-term document with an added benefit to the tenant of being able to buy the property at a specific price.
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 Room Rental (Roommate) Agreement – Created for individuals sharing a home where each person shall occupy a bedroom and share the main or common areas. The form shall state the roles of each person and the amount which they have to pay for utilities, expenses, etc.
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 Sublease Agreement – Between the tenant and subtenant, who would continue the original tenant’s lease with the landlord’s permission. The subtenant must adhere to all the terms and conditions in the master agreement.
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Required Disclosures (1)
Lead-Based Paint Disclosure – Federal law that requires all landlords/managers/agents to inform any tenant of the possible existence of this type of paint only if the residence was built prior to 1978.
Security Deposits
Interest-Bearing Account (§ 5321.16) – If the landlord accepts either fifty dollars ($50) or the equivalent of one (1) month’s rent, whichever is greater, it should be held in an interest-bearing account at a rate of five percent (5%) per annum if the tenant is to stay on the premises for at least six (6) months. The bank or landlord must pay this interest rate.
Maximum Amount – There is no maximum limit in Ohio.
Returning (§ 5321.16) – Within thirty (30) days after the termination of a lease shall the landlord be required to pay back the tenant, along with any interest, their amount for the security deposit.
When is Rent Due (Grace Period)
There is no statutory grace period in Ohio, rent is due on the date mentioned in the lease. If rent is not paid on the day mentioned in the lease, the landlord can start the eviction process by sending the tenant a 3-day notice to quit.
Late Rent
Maximum Penalty – There is no state law, but the State court has administered that the late fee must be “reasonable in proportion to the rental rate” (Calabria v. Green (1995)), and a follow-up case supported that a $100 late fee was reasonable (Wadsworth v. Starcher, 1998 (Ohio)).
NSF Fee (§ 1319.16(A)) – If the tenant writes a bad check, the landlord can charge a maximum of $30 or 10% of the check amount, whichever is greater.
Right to Enter (Landlord)
According to § 5321.04, the landlord may only enter the tenant’s premises at reasonable times and with at least twenty-four (24) hours’ notice.
Resources
- Chapter 5321 (Landlords and Tenants) – Ohio Revised Code.
- Ohio Landlord-Tenant Law (What You Should Know!) – Provided by the Ohio Poverty Law, LLC.
- Ohio Landlord-Tenant Law: The Basics – Provided by the Legal Aid Society of Cleveland.
- Law Facts: Tenant and Landlord Rights and Obligations – Provided by the Ohio Bar.