Landlord-Tenant Law
Landlord-Tenant Law2019 OhioMHAS Housing UniversitySeptember 16, 2019Joe Maskovyak, Affordable and Fair Housing CoordinatorCoalition on Homelessness and Housing in OhioCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
About The PresenterJoe Maskovyak Affordable and Fair Housing CoordinatorCoalition on Homelessness and Housingin Ohio (COHHIO) www.cohhio.org Mission of ending homelessness andpromoting affordable housing through publicpolicy advocacy, training and technicalassistance, research, hotline advice, andpublic education in OhioCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
OverviewTraining will provide a general overview of: Ohio’s Landlord Tenant Law (Ohio RevisedCode or ORC 5321) Review of ORC 1923 – Eviction LawCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Agenda DetailsPart 1: Introduction to Termsand Duties General Applicability of ORC 5321 Basic Tenant, Landlord, ResidentialPremises definitions Rental Agreement definition andrequirements Selected Duties and Rights ofLandlords and TenantsCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Agenda DetailsPart 2: Understanding CommonIssues Entry and Right of Access Repairs and Remedies Fees and Deposits Termination and EvictionCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Part 1:Introduction to Terms,Definitions, & DutiesCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Important Principles Landlord-Tenant Relationship is a businessrelationshipCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Tenant A person entitled under a rental agreement to the useand occupancy of residential premises to theexclusion of others, including landlords Some circumstances can be tricky: Guest/visitor or unauthorized tenant? Unclear rental agreement (ambiguity/conflictingterms create problems for both landlord & tenant) AMBIGUITY IS CONSTRUED AGAINST THEDRAFTERA lease/rental agreement is abinding legal contract. Bothlandlords and tenants are boundby the terms of the agreement.Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Landlord The owner, lessor, or sublessor of residentialpremises, OR The agent of the owner or any personauthorized by the owner to manage thepremises or to receive rent from a tenant undera rental agreementCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Residential Premises A dwelling unit for residential use and occupancyand the structure: RC 5321.01(C) Does not include: prisons, jails, hospitals, touristhomes, hotels, motels, boarding schools, mostshelters, and many other structures/places RC 5321.01(C) Contains many other exclusions:(c)(1)-(10) There is no specific exemption forrecovery housingCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Occupancy Definitions:ORC 5321.01(C)(9)"Residential premises" does not include any of thefollowing: Occupancy in a facility licensed as an SRO facility that is either:1. Owned or operated by an organization that is exempt fromtaxation under section 501(c)(3), OR2. By an entity or group of entities, and if either of thefollowing applies:a) The occupancy is for a period of less than 60 days, ORb) Program operated by the (SRO) facility to provide either of thefollowing: Services licensed, certified, registered, or approved by agovernmental agency or private accrediting organization forthe rehabilitation of . . . persons suffering from substance abuse; Shelter for juvenile runaways, victims of domestic violence, orhomeless persons.Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Occupancy Definitions:ORC 5321.01(C)(9) So what services are licensed, certified, registered,or approved by a governmental agency or privateaccrediting organization for the rehabilitation ofpersons suffering from substance abuse? ?Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Occupancy Definitions:ORC 5321.01(C)(10)"Residential premises" does not include any of thefollowing:Emergency shelters:1. Operated by organizations under section 501(c)(3)for:a) Persons whose circumstances indicate atransient occupancy, including:I. homeless people,II. victims of domestic violence,III. and juvenile runaways.Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Rental Agreement “Rental Agreement” means any agreement or lease,written or oral, which establishes or modifies theterms, conditions, rules, or any other provisionsconcerning the use and occupancy of residentialpremises by one of the parties Put agreement in writing to avoid disagreementsover what was said/included in the rentalagreementCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Types of Rental Agreements Month-to-Month Benefits: flexibility Detriments: No guaranteebeyond 30 days for either party May also be weekly, bi-weekly, etc. Lease for a term Guarantee of premises for specific term (1 yr.,typically) Benefits: lock in rent amount & time: stability Detriment: no flexibility if either party wants to endagreement & the other side does notCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Prohibited in Rental Agreements Prohibited Terms — ORC 5321.13 Confess Judgment Tenant gives up the right to a defense against aclaim Tenant required to pay landlord’s attorney’sfees no matter the outcome of a legal dispute Shifting landlord duties to the tenant Have tenant indemnify landlord from liability Prohibited Actions — ORC 5321.15 No self-help evictions (lockouts) or utility shutoffsCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Rental Agreement Term That is“Bad” Unconscionable terms—ORC 5321.14 Unconscionable unfair/illegal A court may rule to refuse to enforce arental agreementOR (more likely) A court may elect to enforce the rentalagreement without the unconscionableclause There is no definition of “unconscionable” Often used to attack unreasonable late fees(but reasonable late fees are OK)Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Duties of Landlords & TenantsLandlord Duties(5321.04) Make all repairs to put andkeep premises in a fit andhabitable condition Keep all electrical, plumbing,heating, and ventilationsystems in good workingorder Maintain all appliances andequipment supplied orrequired to be supplied byhim/her (no duty to supplyappliances)Tenant Duties(5321.05) Keep the premises safe &sanitary Use electrical and plumbingfixtures properly Keep the plumbing fixturesas clean as their conditionpermits Maintain the appliancessupplied by the landlord ingood working orderCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Duties of Landlords & TenantsLandlord Duties(5321.04)Tenant Duties(5321.05) Provide garbage cans andarrange for trash removal, ifthe landlord owns four ormore residential units in thesame building Dispose of rubbishproperly Comply with housing,health, and safety codesthat apply to tenants Refrain, and forbidhousehold members orvisitors, from damaging,or removing any fixture,appliance, or other part ofthe premises Permit landlord to enterthe dwelling unit, if therequest is reasonableand proper notice is given Comply with building,housing, health and safetycodes Give at least 24 hoursnotice, unless it is anemergency, before enteringa tenant’s unit and enteronly at reasonable times andin a reasonable mannerCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Duties of Landlords & TenantsLandlord Duties Evict the tenant when thelandlord has “actualknowledge” of drug activityby the tenant, a memberof the tenant’s householdor a guest of the tenantoccurring in or otherwiseconnected with thetenant’s premisesTenant Duties Comply with state ormunicipal drug Laws inconnection with thepremises and requirehousehold members andguests to do likewiseCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Duties of Landlord Supply running water, reasonable amounts of hotwater and heat, unless the hot water and heatare supplied by an installation that is under theexclusive control of the tenant and supplied by adirect public utility hook-upCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Duties of Tenant Refrain from damaging the premisesand keep guests from damaging Refrain from disturbing any neighborsand require guests to do the sameCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Retaliation vs. Discrimination These terms are often conflated, but have different legalmeaningsRetaliation: 3 ways in Ohio’s statute for a landlord tocommit retaliation: Landlord increases rent, decreases services, or threatensto bring/actually brings eviction action for these specificreasons:1. Tenant complained to government agency about codeviolation2. Tenant complained to landlord that landlord violatedtheir legal duties3. Tenant organized with other tenants to negotiate/dealwith landlord about lease termsCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Retaliation vs. Discrimination Discrimination: Fair Housing Act (FHA) issue FHA prohibits discrimination in the rental (including services),sale, advertising, design, insuring, and financing of dwellings,and in other housing-related transactions, based on membershipin protected classes (race, skin color, familial status, religion,sex/gender, national origin, disability; Ohio state law addsancestry & military status to list)Some fair housing requirements will apply to allhousing providers in one way or another – can’tescape it Even if the Landlord-Tenant law doesn’t apply to a housingprovider, the FHA almost certainly willEven if the FHA doesn’t apply to a housing provider, theAmericans with Disabilities Act (ADA) willCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Reasonable Accommodations Remember that substance abuse is adisability under the FHA Disabled current alcohol users and former users ofillegal controlled substancesThis means tenants can ask for reasonableaccommodations (RAs)RA to get a 2nd chance (or more) Under FHA or ADA, cannot have a blanketban on pets without allowing reasonableaccommodations Assistance animals petsCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Reasonable Accommodations Other types of RA requests: Referral to a treatment provider to get help Referral to a crisis center Referral to another recovery provider An administrative due process system, laidout in writing, that includes a meeting is anideal way to facilitate such requests/actions Ohio law does not require that a landlordhave administrative due process before goingto court to evictCoalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Landlord-Tenant Law & RoomingHouses “Rooming House” is not defined by state law Local housing codes may provide adefinition. There may be specifics about regulatoryschemes. Cleveland has no specific regulatoryschemes that govern rooming/boardinghousing.Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Columbus:Rooming Houses, Cont.-4501.32 - Rooming house. "Rooming house" means and includes everydwelling, other than hotels and motels, kept, used or held out to be a place where sleepingor lodging rooms are offered for pay to three (3) or more persons and shall include but notbe limited to uses defined in the Zoning Code at Chapter C.C. 3303 as "apartment hotel,""boarding home," "residential care facility," "rooming house" and "shared living facility.” (Ord.2856-91.)-4501.33 - Rooming unit. "Rooming unit" means any room or group of rooms ina rooming house which are used or intended to be used for living and sleeping, but not forcooking and eating purposes. (Ord. 356-75.)-4561.01 - Compliance required. No person shall operate a rooming house, orshall occupy or let to another for occupancy any rooming unit in any rooming house, exceptin compliance with the provisions of every section of this Housing Code except theprovisions of Sections 4521.02, 4521.03; 4521.06; 4521.07; 4551.01(b), (g) and (1);and 4551.02(b) and (g). (Ord. 1254-75.)-4561.02 - License required. No person shall operate a rooming house unless heholds a valid rooming house license issued by the Division in the name of the operator andfor the specific rooming house. The operator shall apply to the Division for such license,which shall be issued on condition that the applicable provisions of this Housing Code andany rules and regulations adopted pursuant thereto are complied with. Every license shallexpire at the end of one year following its date of issuance and in subsequent years on thedate of expiration unless sooner suspended or revoked. The fee for such license, asprescribed in the fee schedule, and license issuance are subject toC.C. 4561.05and 4561.051. (Ord. 2672-85.)-In Title 45-Housing Code in the Columbus Code of Ordinances, there are evenmore specific rules about bathroom facilities, bedding, floor space requirements, stairways,fire extinguishers, etc.Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Cincinnati:Rooming Houses, Cont.-1401-01-R14. - Rooming House. "Rooming house" means abuilding containing three or more rooming units not offering nursing or dietarycare, therapy or counseling for its occupants. (See § 1401-01R15. Rooming Unit) (Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)-1401-01-R15. - Rooming Unit. "Rooming unit" meansa room available for rental occupancy for periods of seven days or longer butnot equipped with a kitchen facility so as to constitute a dwelling unit.(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)-Sec. 855-1-R1. - Rooming House. "Rooming house" shall mean adwelling occupied by three or more roomers or in which three ormore rooms are kept, used, maintained, advertised or held out to the public tobe a place where sleeping accommodations are offered for pay; provided that"hotels" as herein defined, "dwelling units" as defined in Title XI of this codeand any dwelling in which one or two rooms within individual dwelling-units arelet out by the occupants of the units shall not be construed tobe rooming houses for purposes of this chapter. (C.O. 740-1; renumbered toC.M.C. 855-1-R1, eff. Jan. 1, 1972)-Sec. 855-3. - License Required. No person shall operate or permitto be operated a rooming house without having a license or a temporarycertificate to do so as hereinafter provided. (C.O. 740-3; renumbered to C.M.C.855-3, eff. Jan. 1, 1972)Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Akron:Rooming Houses, Cont.-" Rooming house ." Any dwelling, or that part of any dwelling,containing one or more rooming units, including hotels, in which space is letby the owner or operator to three or more persons who are not husband,wife, son, daughter, mother, father, sister, or brother of the owner oroperator. 150.01-" Rooming unit ." Any room or group of rooms forming a singlehabitable unit used, intended to be used or designed to be used for livingand sleeping but not for cooking or eating purposes. 150.01Title 15-Land Usage of the Akron Code of Ordinances Section150.13 has a laundry list of requirements about the operation of roominghouses.-150.30 - Registration required.A. An owner or operator shall register, on a registrationform that the Department of Neighborhood Assistance shall provide, allrental units that the owner owns, or that the operator operates, no later thanJanuary 31 of each year, and upon the completion of transfer of title to apremises or structure with a rental unit.G. A registration fee per owner or operator shall beimposed as follows: 1. Fifteen dollars ( 15) per unit, with a maximum fee ofone thousand five hundred dollars ( 1,500);Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Toledo:Rooming Houses, Cont.-Rooming House. A dwelling containing three or more rooming units, inwhich space is let by the owner or operator for living or sleeping, but not open to thepublic or overnight guests. Meals may or may not be provided. Typical uses includerooming and boarding houses. Ord. 353-18. Passed 8-28-18. Chapter1116.0250(C). See also Chapter 1761 of the Health Code.-Chapter 1761.01. General requirements. No person shall operatea rooming house , or shall occupy or let to another for occupancy any dormitoryroom and/or rooming unit in any rooming house , which is not in compliance withthe provisions of every section of this Housing Code -Chapter 1761.02. Permits. (a) No person shall operate a roominghouse unless he holds a valid rooming house permit issued by the CityDepartment of Health and Environment in the name of the operator and for thespecific dwelling or dwelling unit.-Rooming Houses are subject to Code Enforcement in Toledo.1743.06. Ord. 134-15. Passed 3-31-15.-Lead paint is prohibited in rooming houses. Regulation No. 2-72, AppendixI, Section III.Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Elyria:Rooming Houses, Cont. the person who operates a licensed roominghouse shall be considered in business, whether or notthe gross income equals two hundred and fifty dollars( 250.00) or more per month. CHAPTER 191Earned Income Tax For Municipal Tax Years Beginningon or Before December 31, 2015. 191.02(t) 1394.03 INSTALLATIONS IN SLEEPING ROOMS OFDORMITORIES AND ROOMING HOUSES. Smoke detectors shall be installed in each sleeping room of adormitory and in each sleeping room of a residential buildingwhich is used as a rooming and/or boarding house or as adormitory. (Ord. 84-116. Passed 5-21-84.)Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Real Life Example: William BradyOrganization Columbus code inspectors visited 9houses run by the William BradyOrganization and continued to findproblems that the operator waspreviously told to fix, includingbroken drywall, missing kitchentiles, peeling paint, broken windows,dead roaches and rodent droppings. “The Brady group has 30 days to take care of the problems before another reinspection,” said Dana Rose, the city’s code-enforcement administrator. “The citywon’t issue the 7 remaining licenses until the houses pass code.” The founders of the Brady group have been in the housing business since 2009,serving more than 3,000 people. But the group had never checked state andcity codes setting minimum requirements and safety standards.Coalition on Homelessness and Housing in Ohio 175 S. Third St. Suite 580 Columbus, OH 43215
Real Life Example: Summer Raysin Reynoldsburg The Ohio attorney general’s office obtained arestraining order in July, 2018 against theoperators of a local sober-housing charity,saying the founder exploited residentsfinancially, abused them emotionally andverbally and engaged in activity “wildlyinappropriate” for a recovery program. Franklin County Common Pleas Judge DavidC. Youn
Landlord Duties (5321.04) Tenant Duties (5321.05) Provide garbage cans and arrange for trash removal, if the landlord owns four or more residential units in the same building Comply with building, housing, health and safety codes Give at least 24 hours notice, unless it is an emergency, before entering a tenant’s unit and enter
Landlord increases rent, decreases services, or threatens to bring/actually brings eviction action for these specific reasons: 1. Tenant complained to government agency about code violation 2. Tenant complained to landlord that landlord violated their legal duties 3. Tenant organized with other tenants to negotiate/deal
residential landlord-tenant code with related statutes, including chapter 666, Hawaii Revised Statutes. Chapter 666, entitled "Landlord and Tenant", has its statutory roots in the Civil Code of 1859. Until the enactment of chapter 521 in 1972, all landlord-tenant matters were regulated by chapter 666. Since
A.R.S. Title 33, Chapter 10 and Other Pertinent Statutes Arizona Residential Landlord and Tenant Act Title 33. Property, Chapter 10. Residential Landlord and Tenant Act Page 3 Article 1. General Provisions Page 4 Article 2. Landlord Obligations Page 13 Article 3. Tenant Obligations Page 17 Article 4. Remedies Page 18 Article 5.
THIS SINGLE TENANT LEASE AGREEMENT dated the day of (month) 201 , is made and executed by and between (LANDLORD), whose address is 1350 Orange Avenue, Suite 100, Winter Park, Florida 32789, hereinafter called Landlord, and (TENANT), whose address is, hereinafter called Tenant. (Whenever used herein the terms "Landlord" and "Tenant" include all .
the landlord or that was paid to the landlord under this section and the landlord later receives from the qualifi ed tenant or on the tenant’s behalf, within the period requested Oregon Passes 150 Million Landlord Compensation Fund renTal HouSIng Journal Portland rents have declined 0.9 percent over the past month, and have decreased
The Landlord and Tenant Act: what it means to you When a landlord and tenant get along well, things are better all around. Dealing with unhappy tenants is a lot of trouble for a landlord, and few tenants want the inconvenience and expense of moving simply because they cannot get along with their landlords.
required). If the landlord does intend to make a claim on the security deposit, the landlord has 30 days to give the tenant written notice of the landlord’s intent and reason for imposing the claim. The notice must be given by certified mail to the tenant’s last known address and must be
When creating a tenant, the root administrator can: Label the tenant user interface with a tenant logo Change the tenant user interface look and feel (colors and fonts) Enable all or a subset of parent tenant clouds for the tenant The root administrator controls the following global permissions for each tenant organization and tenant
