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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 RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (Landlord, also called the lessor) of [ADDRESS], and [TENANT NAME] (Tenant, also called the lessee). Landlord leases to Tenant the residential property located at [RENTAL ADDRESS], Ohio (the Premises). Under Ohio Revised Code Section 5321.18, this agreement states the name and address of the owner, [OWNER NAME AND ADDRESS], and the owner's agent, if any, [AGENT NAME AND ADDRESS].

  2. TERM This lease is for a [fixed term of ___ months, beginning DATE and ending DATE / a month-to-month tenancy beginning DATE]. Either party may end a month-to-month tenancy by giving the other at least 30 days' notice before the next periodic rental date, under ORC Section 5321.17.

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month. Ohio Revised Code Chapter 5321 sets no statutory grace period and no cap on late fees, so any grace period or late fee applies only as separately stated here: [LATE FEE TERMS, IF ANY].

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Ohio law sets no maximum deposit amount. If the deposit exceeds $50 or one month's periodic rent, whichever is greater, the excess bears interest at 5% per annum if Tenant remains in possession six months or more (ORC Section 5321.16(A)). Within 30 days after the lease ends and Tenant returns possession, Landlord shall itemize any deductions in writing and deliver the balance due (ORC Section 5321.16(B)). Tenant must give Landlord a written forwarding address; failure to do so may bar Tenant from recovering damages or attorney fees over the deposit.

  5. DISCLOSURES If the Premises was built before 1978, Landlord provides the federal Lead-Based Paint Disclosure required by 42 U.S.C. Section 4852d, including any known lead-paint hazard records. The name and address of the owner and any managing agent, above, satisfy ORC Section 5321.18.

  6. ENTRY Landlord shall give Tenant reasonable notice before entering the Premises and shall enter only at reasonable times, except in an emergency. Twenty-four hours' notice is presumed reasonable under ORC Section 5321.04(A)(8) absent evidence to the contrary.

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and safe and shall not damage or remove any part of it. Landlord shall comply with applicable building and housing codes and keep the Premises fit and habitable, consistent with the landlord duties listed in ORC Section 5321.04.

  8. TERMINATION Either party may terminate or decline to renew a month-to-month tenancy with at least 30 days' written notice before the next rental date (ORC Section 5321.17). Ohio's statute does not set a separate notice period for rent increases on a month-to-month tenancy; increases are generally given through this same 30-day notice. Ohio has no statewide rent-control or just-cause-eviction law.

SIGNATURES

[LANDLORD NAME], Landlord [TENANT NAME], Tenant Date: [DATE] Date: [DATE]

Note: This lease is governed by the Ohio Landlords and Tenants Act, Ohio Revised Code Chapter 5321. This is a compact Ohio skeleton. For the complete, customizable template, see the full Residential Lease Agreement template.

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

An Ohio residential lease agreement should name the landlord and tenant, describe the rental property, and set the rent amount, due date, and lease term. It must state the name and address of the owner and any managing agent (ORC Section 5321.18), and it should disclose lead-based paint hazards in housing built before 1978. It should also spell out the security deposit amount and Ohio's 30-day itemized-return rule under ORC Section 5321.16.

Ohio law sets no maximum amount a landlord may charge for a security deposit. However, under ORC Section 5321.16, any deposit exceeding $50 or one month's periodic rent, whichever is greater, must bear interest at 5% per annum on the excess if the tenant remains in possession for six months or more. When the tenancy ends, the landlord has 30 days to itemize deductions in writing and return the remaining balance.

Yes. You can generate a free Ohio residential lease agreement using this template, filling in the rental address, rent, term, and deposit terms consistent with Ohio Revised Code Chapter 5321. Attorney review is available as an optional add-on before either party signs, but it is not required to create or use the lease.

No. Ohio Revised Code Chapter 5321 does not require a residential lease agreement to be notarized or witnessed to be valid. The landlord and tenant simply need to sign the written agreement. Notarization only becomes relevant for related documents like a lease that is also recorded against real estate, which is uncommon for standard rentals.

Generally no. ORC Section 5321.04(A)(8) requires an Ohio landlord to give the tenant reasonable notice of intent to enter and to enter only at reasonable times, except in an emergency or when giving notice is impracticable. Twenty-four hours is presumed to be reasonable notice in the absence of evidence showing otherwise.

Every written Ohio rental agreement must state the name and address of the owner and, if there is one, the owner's agent, under ORC Section 5321.18; if the agreement is oral, the landlord must deliver this information in a written notice at the start of the tenancy. Housing built before 1978 also requires the federal lead-based paint disclosure under 42 U.S.C. Section 4852d.

Under ORC Section 5321.17, either the landlord or the tenant can terminate or decline to renew a month-to-month tenancy by giving the other party at least 30 days' notice before the next periodic rental date. Ohio's statute does not set a separate advance-notice period for raising rent; a rent increase on a month-to-month tenancy is generally carried out through this same 30-day notice.

Ohio Revised Code Chapter 5321 does not cap late fees or require a grace period before rent is considered late. A landlord and tenant are free to agree on a late-fee amount and any grace period in the lease itself, so tenants should check the written lease terms rather than assume a statutory limit applies.