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Ohio Residential Lease Agreement

An Ohio residential lease agreement has no statutory security deposit cap, but deposits over $50 or one month's rent draw 5% interest. Free template, attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms under which the tenant rents the landlord's residential property, including the rent amount, the lease term, the security deposit, each party's responsibilities, and how the tenancy ends. In Ohio these agreements are governed by the Ohio Landlords and Tenants Act, Ohio Revised Code Chapter 5321. Ohio sets no statutory cap on how much a landlord can charge for a security deposit, but under ORC Section 5321.16 any deposit exceeding $50 or one month's periodic rent, whichever is greater, bears interest at 5% per annum on the excess if the tenant stays in possession six months or more. When the tenancy ends, the landlord must itemize any deductions in a written notice and deliver it, with the balance due, within 30 days after termination and the tenant's delivery of possession. Every written Ohio rental agreement must state the name and address of the owner and the owner's agent, if any, under ORC Section 5321.18, and federal law requires a lead-based paint disclosure for housing built before 1978. Before entering the rental unit, an Ohio landlord must give reasonable notice; ORC Section 5321.04 treats 24 hours as presumptively reasonable except in an emergency. Attorney review is available as an option before either party signs.

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Key Things to Know

  1. 1

    A residential lease agreement is a legally binding contract setting the terms under which a tenant rents a landlord's property, covering rent, the lease term, the security deposit, each party's duties, and how the tenancy ends.

  2. 2

    Ohio sets no statutory cap on the security deposit amount a landlord can require under ORC Section 5321.16.

  3. 3

    After the tenancy ends, the landlord must itemize any deductions in writing and deliver the notice with the balance due within 30 days of termination and possession being returned (ORC Section 5321.16(B)).

  4. 4

    A deposit over $50 or one month's periodic rent, whichever is greater, earns 5% annual interest on the excess if the tenant stays six months or more; the tenant must also give the landlord a written forwarding address or risk losing the right to damages or attorney fees.

  5. 5

    Every written Ohio rental agreement must disclose the owner's and any agent's name and address (ORC Section 5321.18); pre-1978 housing also requires the federal lead-based paint disclosure.

  6. 6

    A landlord must give reasonable notice before entering, and 24 hours is presumed reasonable except in an emergency (ORC Section 5321.04(A)(8)); Ohio has no statutory late-fee cap or grace period for rent.

  7. 7

    Either party can end a month-to-month tenancy with at least 30 days' notice before the next periodic rental date (ORC Section 5321.17); Ohio has no statewide rent-control or just-cause-eviction law.

Key decisions before you file

Before you file a Residential Lease Agreement in Ohio, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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Ohio Requirements for Residential Lease Agreement

  • No Statutory Security Deposit Cap

    Ohio Revised Code Section 5321.16 sets procedures for handling security deposits but prescribes no maximum amount a landlord may require. Landlords and tenants should still agree on the deposit amount in writing in the lease.

  • Interest on Larger Deposits

    Under ORC Section 5321.16(A), any security deposit exceeding $50 or one month's periodic rent, whichever is greater, bears interest on the excess at 5% per annum if the tenant remains in possession of the premises for six months or more.

  • 30-Day Itemized Deposit Return

    Ohio Revised Code Section 5321.16(B) requires the landlord to itemize any deductions from the security deposit in a written notice delivered to the tenant, together with the amount due, within 30 days after the rental agreement ends and possession is returned. The tenant must give the landlord a written forwarding address or risk losing the right to damages or attorney fees.

  • Owner and Agent Name and Address Disclosure

    Every written Ohio rental agreement must state the name and address of the owner and the owner's agent, if any (ORC Section 5321.18). If the agreement is oral, the landlord must deliver this information to the tenant in a written notice at the start of the tenancy.

  • Federal Lead-Based Paint Disclosure

    Housing built before 1978 requires the federal lead-based paint disclosure under 42 U.S.C. Section 4852d, including any known lead-paint hazard information, regardless of state.

  • 24-Hour Presumed-Reasonable Entry Notice

    ORC Section 5321.04(A)(8) requires the landlord to give the tenant reasonable notice before entering and to enter only at reasonable times, except in an emergency or when notice is impracticable. Twenty-four hours is presumed reasonable notice absent evidence to the contrary.

  • No Statutory Late Fee Cap or Grace Period

    Ohio Revised Code Chapter 5321 contains no section capping late fees or mandating a grace period before rent is considered late. Any late fee or grace period applies only if the lease itself states one.

  • 30-Day Notice to End a Month-to-Month Tenancy

    Under ORC Section 5321.17, either the landlord or the tenant may terminate or decline to renew a month-to-month tenancy by giving the other party notice at least 30 days before the next periodic rental date. Ohio has no statewide rent-control or just-cause-eviction law, and no separate statutory notice period for rent increases.

Frequently Asked Questions