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Tenant Law… -The
Ohio Landlord-Tenant Law defines the legal duties, rights, remedies for all
tenants and landlords. Neither party can legally give up their rights, which
are guaranteed by the law. Who
is covered by the Law? -The
law covers all tenants who pay rent for a place to live, whether it be an apartment, a condominium, or a house. Renting
an Apartment -Before
renting an apartment, a tenant should find out what is offered; duties they
will have; utilities that will need to be paid; and the landlord’s duties. -Before
signing a lease, it is necessary for a tenant to extensively read through and
understand the lease and any agreements made between the tenant and the
landlord. A
landlord and tenant may make an agreement to address issues not covered in
the lease, if desired. However, the rental agreement cannot take away rights
protected by the Landlord-Tenant Law. |
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A Rental Agreement cannot: Allow a landlord to sue a tenant without telling the tenant. Contain anything unfair or unenforceable. Force a tenant to pay for repairs that the landlord is required
to make. Take away the right of the tenant to sue the landlord for an
injury that occurs on the premises Require either the tenant or landlord to pay the other’s legal
fees. Force the tenant to give up the right to be legally evicted
through a court process. |
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Duties Under the Law... -Both
the tenant and landlord have duties under the law, which become part of an
oral or written rental agreement. |
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The Tenant must: Keep the apartment clean. Put out garbage in proper containers. Use electrical and plumbing fixtures properly. Follow local housing, health, and safety rules. Not damage the landlord’s property or disturb neighbors. Use appliances with care. Make sure guests do not destroy the landlord’s property or
disturb other residents.
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The Landlord must: Obey all health and safety laws and regulations. Make all repairs needed to maintain the property in good
condition. Keep all common areas safe, clean and in good repair. Maintain in good working order all electrical, plumbing, heating
and air conditioning fixtures and appliances which the landlord provides or
is required to provide. Provide and maintain garbage cans and provide for trash removal
where there are four or more units in the building. Supply running water and enough hot water and heat at all times,
unless there are separate heat or hot water units for each dwelling unit and
the utility fees for the heat and hot water are paid directly by the tenant
to a public utility company. Give at least 24 hours notice to a tenant before trying to enter
their apartment and enter only at reasonable times unless there is an
emergency. Not abuse the right to enter. |
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Rights Under the Law... -In
addition to duties, the law guarantees tenants and landlords specific rights.
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The Tenant has the Right to: Join a tenant’s union to bargain with the landlord. Complain to a government agency about a landlord’s possible
violation of housing laws and regulations affecting health and safety. Know the name and address of the owner of the property and his
agent, if there is one. The information must be in the rental agreement or be
given to the tenant when he/she moves in. Receive at least three day’s written notice before the landlord
files an eviction in court. Receive notice from the landlord when the landlord wished to end
the rental agreement or to raise the rent. |
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The Landlord has the Right to: Evict a tenant who does not pay rent when due. Evict a tenant who refuses to move after the end of the rental
agreement. Evict a tenant who does not perform the duties in the rental
agreement or those required by state law. Receive notice from a tenant when the tenant wants to end the
rental agreement. |
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Tenant Remedies under the Law -If
a tenant believes that a landlord has not lived up to any legal duty or has
not done what is required in the rental agreement, or a governmental agency
finds that the apartment is in violation of any law or regulation that could
affect health and safety, the tenant can: Sue the landlord for the money damages. Force the landlord to make repairs within 30 days of giving
written notice to repair. The notice must be sent to the place where rent is
normally paid or given to the owner. -If
the landlord does not make the repair the tenant can do any of the following: Take the rent when it is due to the local clerk of courts. A
tenant must be current in their rent with the clerk of court. The tenant does
not need an attorney for rent depositing. Apply to the court to order the landlord to make the repairs.
The court can also lower the rent until the repairs are made or give the
tenant some of the rent money so the tenant can have the repairs made. End the lease, cancel the rental agreement and move. This can be
done only after the tenant has given appropriate notice, and the landlord has
failed to correct condition. |
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Security Deposits... Landlords may require a security deposit from a tenant. It is to
cover any unpaid rent or damages that are caused by the tenant throughout the
term of the lease. The landlord must return the security deposit within 30 days
after the rental agreement ends and the tenant moves out. The landlord may
deduct the cost of any repair for items other than normal wear and tear. All
charges must be listed separately by the landlord and the list must be sent
with the rest of the deposit. If the tenant does not receive the security
deposit or disagrees with the deductions, the tenant may sue to get back the
amount in dispute. When the tenant gives the landlord an address to send the
security deposit, and has given proper notice to end the rental agreement,
the security deposit or a written explanation from the landlord must be sent
within 30 days or the tenant may sue for twice the amount the landlord has
kept and reasonable attorney’s fees. Suits for under $2,000 may be brought in
Small Claims Court without an attorney. Interest
on Security Deposits A landlord is permitted to request a security deposit of any
size. If the landlord keeps the deposit for at least six months, the tenant
must be paid interest on any part of the deposit which exceeds one month’s
rent. The deposit may be kept by the landlord for any unpaid rent or for
damages done to the apartment. |
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Notice Required to End a Tenancy or Raise the Rent: If the tenant rents month-to-month, either the tenant or
landlord can end the tenancy by giving notice 30 days before the rent is due.
If the tenant rents week-to-week, either the tenant or landlord can end the
tenancy by giving a seven day notice before the rent is due. The landlord can
increase the rent by following the same notice procedures. If the tenant is under a written lease for a term greater than
one month, the lease ends at the end date of the lease, unless the lease
states the lease will continue. Rent cannot be raised during the term of the
lease. |
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Acts Prohibited by the Law Lockouts:
a landlord cannot lock a tenant out of his/her apartment, shut
off utilities, take the tenant’s belongings, use force to make the tenant pay
rent, or leave the apartment. Retaliation: A landlord
cannot raise the rent, decrease services, or threaten to evict a tenant who
asserts his or her legal rights. Abuse
of Access: A landlord cannot harass the tenant by repeatedly coming into
his/her apartment for any reason. |