What are a landlord's obligations?

A landlord has the duty to:

Put and keep the premises in a fit and habitable condition.

Keep the common areas safe and sanitary.

Comply with building, housing, health, and safety codes.

Keep in good working order all electrical, plumb-ing, heating, and ventilation systems and fixtures.

Maintain all appliances and equipment supplied or required to be supplied by the landlord.

Provide running water and reasonable amounts of hot water and heat, unless the hot water and heat are supplied by an installation that is under the exclusive control of the tenant and supplied by a direct public utility hook-up.

Provide garbage cans and arrange for trash removal if the landlord owns four or more residential units in the same building.

Give at least 24 hours notice, unless it is an emergency, before entering a tenant's unit, and enter only at reasonable times and in a reasonable manner.

Evict the tenant when informed by a law enforcement officer of drug activity by the tenant, a member of the tenant's household, or a guest of the tenant occurring in or otherwise connected with the tenant's premises

What are the tenant's obligations?

A tenant has the duty to:

Keep the premises safe and sanitary.

Dispose of rubbish in the proper manner.

Keep the plumbing fixtures as clean as their condition permits.

Use electrical and plumbing fixtures properly.

Comply with housing, health, and safety codes that apply to tenants.

Refrain from damaging the premises and keep guests from causing damage.

Maintain appliances supplied by the landlord in good working order.

Conduct yourself in a manner that does not disturb any neighbors and require guests to do the same.

Permit landlord to enter the dwelling unit if the request is reasonable and proper notice is given.

Comply with state or municipal drug laws in connection with the premises and require house-hold members and guests to do likewise.

Evictions

A landlord may bring an eviction action against a tenant when the tenant has:

failed to pay rent on time

occupied the unit after the termination or expiration of the rental agreement.

To bring an eviction action, the landlord must first serve a 3-day notice to vacate the premises in person, by mail, or at the premises. If the tenant does not move within the 3-day period, then the landlord must file an action in Forcible Entry and Detainer at the court in the city where the property is located. The Court will schedule a hearing and the tenant will receive a summons and complaint at least 5 days before the hearing.

At the hearing, the landlord and tenant will present evidence in support and defense of the eviction action. A tenant may offer a defense of bad conditions and counterclaim at the eviction hearing (Order form: "Avoid Eviction ). If an eviction is ordered, the landlord will make arrangements with the Court to have the tenant's belongings removed from the unit if the tenant does not move.

Local procedures vary, check with your court or an attorney for specific information about eviction.

Evictions-Recouping Costs from Tenants

At the time of eviction, the landlord may also file a "second cause of action" to recover money damages. The tenant may answer the claim for money within 28 days of receiving the complaint in the mail. If a tenant fails to answer the complaint, the Court may issue a default judgement in the landlord's favor without holding a hearing. A default judgement will stop the tenant from later objecting to a landlord's claim.

I have questions regarding fair housing.  Who can I contact to ensure I am not discriminating in my advertising or screening process?

Call the our friends at the Housing Research and Advocacy Center http://www.thehousingcenter.org/at 361-9240!

Fair housing is a right protected by Federal and State law. Fair housing means providing a place to live REGARDLESS of race, sex, national origin, disability, or familial status (children in the family.)

It is against the law to deny people the opportunity to live where they want to live. Identifying discrimination is the challenge. Learn to recognize the signs of discrimination in rental, sales, lending, and insurance practices.

Landlords may not discriminate against tenants on the basis of race, religion, color, national origin, gender, familial status (having children under 18), or disability.

Sexual Harassment is prohibited under the law.

For information or to file a complaint in the Greater Cleveland area, landlords and  tenants can call the Cleveland EEOC http://www.eeocoffice.com/cleveland-eeoc-office.

What are my obligations regarding lead paint in my property?

Both Federal and local laws require that owners of properties built before 1978 must give prospective tenants a written statement of any known lead hazards and a pamphlet on lead poisoning. There are some exceptions.

Call National Lead Information Clearinghouse at: 800-424-LEAD for forms, or refer to Environmental Health Watch for more information about programs that can help you abate the lead in your property.

http://www.ehw.org/healthy-green-housing/lead-poisoning/

Mediation with Your Tenant

Many courts and some private groups offer mediation as an alternative to litigation. In mediation, the landlord and tenant work with a trained, neutral third party to work the problems out.

In the Greater Cleveland area, the Cleveland Mediation Center (216 621-1919) offers free mediation services.  You can visit their website at www.clevelandmediation.org

What is mediation?

Mediation is a process in which people in a dispute are assisted by a trained neutral third party to reach an agreement that they can live with.

For example, Tenant wants repairs, Landlord wants rent on time. In mediation, the landlord and the tenant can agree to timetables for rent payment and repairs.

Who are the mediators?

Mediators are volunteers who are trained to guide disputing parties through a process. Mediators are your neighbors, your co-workers, and your community leaders.

Is mediation effective?

Nothing is perfect, but our experience shows that more than three out of four cases that go to mediation are resolved successfully. Our problem is that only 20 percent of eligible disputes go to mediation. This is because people are used to arguing and complaining...even if it is ineffective!

Mediation preserves the relationship!

The landlord-tenant relationship may be "the second most passionate relationship you'll ever be in!" Naturally, with this much emotion, disputes will arise.

Mediation is a way to get over the rough spots, so that landlords can realize the value of their property and tenants can enjoy the value of their home.

You can resolve landlord-tenant disputes

Mediation is:

Confidential

Under your control

Free, easy, and fast

Convenient and informal

Personal, local, and effective!

In the Greater Cleveland area, the Cleveland Mediation Center (216 621-1919) offers free mediation services.  You can visit their website at www.clevelandmediation.org

Do I have an obligation to provide my name and contact information to the tenant?

Yes. Every written rental agreement must contain the name and address of the owner and the owner's agent. If the owner is a corporation or partnership, the address must be the principal place of business in the County (or State) and must include the name of the person in charge at that location.

In the case of an oral agreement, this information must be provided to the tenant in writing at the beginning of the tenancy.

A landlord who does not disclose this information gives up the right to a notice before a tenant takes legal action under the Ohio Landlord-Tenant Law.

Some municipalities have registration requirements before a landlord may offer a unit for rent. Check your local city hall.

'Rent Depositing" aka "Rent Escrow" aka "Rent Striking"

If the landlord provides written notice to the tenant at the beginning of the tenancy which states that the landlord owns three or fewer units, then the tenant is barred from taking legal action under the Ohio Landlord Tenant Law.

If the landlord fails to disclose her/his name and address and the name and address or his/her agents, then the landlord gives up the right to a notice before the tenant takes legal action.

When I can increase the rent?  What can I charge for late rent?

There is no government control over rents in Ohio, except in subsidized housing programs. In the case of a month-to-month rental agreement, the landlord must give a full 30 days notice before increasing rent. In the case of a written lease, the landlord may not increase rent during the term of the lease. The Ohio Landlord Tenant law does not specifically address the issue of late charges.

Late charges may be part of a rental agreement, but they may not be "unconscionable" (unfair). Recent court decisions suggest that late fees should be reasonably related to the actual damages that a landlord suffers because of late payment of rent.

What constitutes retaliation against a tenant?

The Ohio Landlord Tenant Law forbids a landlord from retaliating against a tenant by increasing the rent, decreasing the services, evicting or threatening to evict the tenant because the tenant has:

Complained to a public official

Complained to the landlord

Joined with other tenants to bargain collectively over the terms and conditions of the rental agreement.

A landlord who engages in retaliation may be held liable for any actual damages to the tenant and for reasonable attorney's fees.

When am I allowed to withhold all or part of the security deposit?

Ohio Landlord-Tenant Law permits a landlord to collect a security deposit to cover the costs of:

unpaid rents or charges, and

repair of tenant-caused damages, in excess of normal wear and tear, to the property

The landlord is required to return the security deposit to the tenant within 30 days of the time that the tenant gives up occupancy (ie. moves out and turns in the key) and terminates the rental agreement. The tenant is required to provide the landlord with a forwarding address in writing.

If the landlord makes a deduction from the security deposit, the landlord is required to provide the tenant with a written itemized accounting of the money that is withheld.

If, after 30 days, the landlord has not returned the deposit or the itemized accounting, or if the tenant disagrees with the landlord's decision to withhold some or all of the security deposit, then the tenant may sue for double the amount which the tenant believes was wrongfully withheld.

If the tenant's claim is for less than $3,000, the tenant may file in the Small Claims Court in the city where the property was located.  Please see the landlord page of our site for court system information throughout Cuyahoga County.

A security deposit is given by the tenant to the landlord to "secure" the tenant's performance under the tenancy. A pet deposit, key deposit, garage deposit, or last month's rent paid in advance may all be part of the security deposit. If the total security deposit is greater than one month's rent, the landlord owes 5% interest on the amount in excess of one month's rent.

A deposit to "hold the unit," an application fee, or a fee for a credit check are probably not security deposits. Before giving or receiving money, be clear about what the money is for and whether it is refundable.

What can I do if my tenant won't leave?

Whether or not a tenant's right to occupy a residential unit has ended, a landlord may not:

Shut off utilities

Change the locks to force the tenant from the unit

Seize the tenant's possessions to recover unpaid rent

The landlord must always follow the lawful eviction process in order to vacate the tenant from the property.

Is my tenant allowed to terminate the lease early?

A landlord or a tenant may terminate a month-to-month agreement by giving a full thirty days notice to the other party. The thirty days begins on the next rental due date and runs with the rental period.

A written rental agreement (lease) normally specifies the method for termination or renewal. If termination or renewal is not specified, then the agreement ends on the date in the agreement.

A landlord may give a tenant a notice that the tenant is not complying with a requirement imposed on the tenant by the Ohio Landlord-Tenant Law which materially affects health and safety and advising the tenant that the rental agreement will end in 30 days. If the tenant corrects the condition, then the rental agreement will not be terminated.

A tenant may give a landlord a notice to comply with a duty imposed by the Ohio Landlord-Tenant Law which materially affects health and safety and requesting correction within 30 days. If the landlord fails to correct the condition, then the tenant may terminate the rental agreement.

If a tenant breaks a lease by moving before the lease is up, or if a tenan

What do I do if my tenant has abandon the property?

The Ohio Landlord-Tenant Law does not address the problem of abandonment of a rental unit by a tenant. If a tenant fails to remove all of her/his belongings, or fails to turn in the keys to the unit, or continues to visit the unit, the safest method for the landlord to recover legal possession is to go through the eviction process.

Landlords should seek legal advice before seizing, selling, or disposing of the tenants belongings.