LANDLORD – TENANT HANDBOOK
LANDLORD – TENANTHANDBOOKRights and ResponsibilitiesUnder Ohio LawHocking . Athens . PerryFair Housing ConsortiumA Program Administered by:Hocking . Athens . PerryCommunity Action3 Cardaras DrivePO Box 220Glouster, Ohio 45732www.hapcap.org1-800-686-1093-1-
Table of ContentsFair Housing Contact Information. 3Introduction . 4Fair Housing . 5Rental Agreements . 7Student Rental Agreements . 8Recovery of Damages . 8Security Deposits . 9Tenant Responsibilities 11Tips for Tenants 12Remedies of Tenant 12Inspections 13Landlord Responsibilities 14Remedies of Landlord . 14Tips for Landlords 15Evictions 16Notices to Terminate 17Sample Letters . 18Notice of Termination of Rental Agreement 18Request for Refund of Security Deposit .19Notice of Landlord’s Breach of Obligation .20Entry Notification .21Notification of Lease Violation 22Definitions .23Assistance Agencies .24-2-
Fair Housing Contact Information:Local Fair Housing Contact:Hocking . Athens . Perry Community ActionHocking . Athens . Perry Fair Housing ConsortiumPO Box 220 / 3 Cardaras DriveGlouster, OH 45732800-686-1093740-767-4500Enforcement Agencies:Ohio Civil Rights Commission – Columbus Regional Office1111 E. Broad St., Ste. 301Columbus, OH 43205888-278-7101TTY 614-416-9353www.state.oh.us/crc/HUDFair Housing Enforcement Center77 W. Jackson Blvd., Room 2101Chicago, IL 60604-3507800-669-9777TTY 800-927-9275-3-
INTRODUCTIONIn Ohio, landlord-tenant relations and obligations are governed by the OhioLandlord Tenant Act (Ohio Revised Code 5321) and by the Eviction statute(Ohio Revised Code 1923). Other laws are also applicable to the landlordtenant relationship such as The Fair Housing Law and disability specificlaws.The Ohio Tenant-Landlord Act of 1974 outlines the rights andresponsibilities of both tenants and landlords. It does not apply to mobilehome trailer parks (see Chapter 3733, Ohio Revised Code), owner-occupiedcondominiums, prisons, jails, workhouses or halfway houses, hotels, motels,tourist homes, hospitals, nursing homes, farm residences on two or moreacres of land, or school dormitories.The Hocking . Athens . Perry Fair Housing Consortium has prepared thisLandlord-Tenant Handbook as a general guide. This handbook is intendedto be used for general information regarding your rights and duties as alandlord or tenant under the Ohio Landlord Tenant Act. The informationin this handbook should not be taken as legal advice, but it may help youdecide if and when you should pursue legal advice. Be sure to contact anattorney before taking any court action regarding a legal matter.The Hocking . Athens . Perry Fair Housing Consortium providesinformation and referral services to landlords and tenants regarding FairHousing and landlord-tenant issues. Our service area covers Athens,Hocking, and Perry Counties. In addition to providing information andreferral services to callers, we also distribute educational materials andconduct trainings throughout the three counties. If you would likeadditional information on our services or would like us to conduct atraining session for a group, please contact us at 800-686-1093 or 740-7674500.-4-
FAIR HOUSINGFair housing is the law. The Ohio Civil Rights Act governs theenforcement of the Federal Fair Housing Amendments Act of 1988.Ohio’s housing discrimination law covers houses, apartments, lots, all realestate rented or sold with or without a real estate salesperson, broker, orleasing agent. It covers real estate sold at auction, rental apartmentsregardless of the number of units in any one building, single family homessold or rented directly by the owner or builder, boarding houses androoming houses occupied by the owner.Protected Classes under Federal and State Law:¾ Race¾ Color¾ Religion¾ Sex¾ Handicap¾ National Origin or Ancestry¾ Family Status¾ Military StatusA landlord must allow a person with a disability to make reasonablemodifications to his or her unit or the common areas of the building.Please note that a landlord is not required to pay for these modificationsunless the property is receiving or has received federal assistance.The landlord should not ask how many children will be in the unit. Thelandlord is allowed, however, to ask how many people will occupy the unitto comply with local code for occupancy limits. (Children 18 months andunder are not counted as a person per the Fair Housing Act.)A quick note about assistance animals: Assistance animals are not “pets”but are considered assistive aids similar to wheelchairs or hearing aides.Assistance animals can be used for physical and mental impairments.Federal and state laws will generally require a landlord to make an exceptionto its “no pets” policy so that a disabled tenant can enjoy the full use of hisor her dwelling. The need for an assistance animal must be documented bya physician or other healthcare professional. To validate the need for anassistance animal, the individual and the animal must satisfy: (1) the-5-
individual must have a disability as defined by the Act, (2) The animal mustserve a need that is directly related to the disability, and (3) The request tohave the animal is reasonable.Examples of Discrimination:Racial Steering – You have the right to choose where you live. Any realestate salesperson, broker or leasing agent who discourages you from seeingor being interested in certain properties because of the neighborhood’sracial composition is breaking the law. For example, if a property agentindicates, “This isn’t your kind of neighborhood” or “You wouldn’t feelcomfortable living in this area”, the agent is violating laws that prohibitracial steering.Rental Discrimination – The terms of rental agreements must apply to allrenters. The law prohibits the changing of such terms to deny ordiscourage your access to rental properties. For example, if you feel thatyour lease agreement is different than other persons in a similar situation,the property agent or owner may be violating Fair Housing Laws.False Denials of Availability – Federal, State, and Local laws prohibit realestate salespersons, brokers, and property agents from telling you theproperty you’re interested in is unavailable, when it is in fact available forrent or purchase.Advertising Discrimination – Ads or commercials for houses orapartments cannot, by law, show any preference for renters or buyers basedon race, color, religion, sex, handicap, national origin or ancestry, familystatus, or military status.What to do If you feel you’ve been discriminated against in housing, make sure you takethese steps: Keep a record of the names, dates, addresses, phone numbers, andother important information which can assist in the investigation ofyour complaint. Be as specific as possible about the incident, and get the names andaddresses of any witnesses to the incident whenever possible. Following the incident you have one year to file an administrativecomplaint or two years to file a lawsuit. Notify the local Fair Housing contact:Hocking . Athens . Perry Fair Housing Consortium3 Cardaras Dr./PO Box 220 Glouster, OH 45373800-686-1093 / 740-767-4500 / www.hapcap.org-6-
RENTAL AGREEMENTSWhat is a rental agreement? A rental agreement (or lease) is a written ororal contract between a tenant and a landlord. It is recommended that asigned lease be negotiated in order to better define the tenant’s andlandlord’s responsibilities, rights, and duties. A properly written agreementwill eliminate most of the misunderstandings and problems that commonlyarise between a landlord and tenant. The rental agreement benefits andprotects both parties. The rental agreement cannot contain clauses to limitor escape responsibilities that are mandated by law.A landlord and a tenant may include in a rental agreement any terms andconditions that are not inconsistent with or prohibited by Chapter 5321 orthe Ohio Revised Code or any other rule of law.Every written rental agreement for residential premises shall contain thename and address of the owner and the name and address of the owner’sagent. If the rental agreement is oral, the landlord, at the commencementof the term of occupancy, shall deliver to tenant a written notice containingthe name and address of the owner.A rental agreement should include the following terms: The length of the agreement (1 week, 6 months, 1 year, etc.) The amount of rent When rent is due Where to pay rent The amount of the security deposit How to terminate the lease How to renew the lease Any negotiated terms not covered under ORC 5321 (such ashaving pets).-7-
Terms Prohibited in Rental AgreementsThe requirements set forth under the Ohio Revised Code Chapter 5321cannot be modified or waived by any oral or written agreement, except thatthe landlord may agree to assume responsibility of obligations imposed ontenants (with the exception of the law relating to illegal drug use).No agreement to pay the landlord’s or tenant’s attorney fees will berecognized in any landlord tenant agreement.No agreement may permit the receipt of rent free from the obligations tocomply with section 5321.04 of the Ohio Revised Code.Student Rental AgreementsA college or university may terminate a rental agreement with a studenttenant prior to the expiration term of the agreement and require that thestudent vacate the dwelling unit only when the termination follows ahearing in which it was determined by the college or university that thestudent violated a term of the rental agreement, or violated the college’s oruniversity’s code of conduct or other policies and procedures.The hearing must be preceded by a written notice to the student, mustinclude a right to be heard, and must otherwise comply with the college’s oruniversity’s procedures for disciplinary hearings.The written rental agreement must specify the conditions under which therental agreement may be terminated and specify the college’s or university’snotice and hearing procedures that will be followed in making adetermination.RECOVERY OF DAMAGES (TENANTS AND LANDLORDS)Any party may recover damages for breach of contract or the breach of anyduty that is imposed by law.-8-
SECURITY DEPOSITSA security deposit collected from the tenant and held by the landlord acts asan insurance policy against damages to the property or to be used towardunpaid rent. An amount equal to one month’s rent is typical but anyamount can be required.Any security deposit in excess of fifty dollars or one month’s rent(whichever is greater) shall bear interest on the excess at the rate of 5% perannum if the tenant remains in possession of the premises for six monthsor more, and shall be computed and paid annually by the landlord to thetenant. (For example, if the rent is 400 and the deposit is 500, 5% interest is dueto the tenant on the 100 excess which equals 5 per year.)Upon termination of the rental agreement, any property or money held bythe landlord as a security deposit may be applied to the payment of past duerent and to the payment of the amount of damages that the landlord hassuffered by reason of the tenant’s noncompliance with section 5321.05 ofthe ORC or the rental agreement.Any deduction from the security deposit shall be itemized and identified bythe landlord in a written notice delivered to the tenant together with theamount due, within thirty days after termination of the rental agreementand delivery of possession.The tenant shall provide the landlord in writing with a forwarding addressor new address to which the written notice and amount due from thelandlord may be sent. If the tenant fails to provide the landlord with theforwarding or new address as required, the tenant shall not be entitled todamages or attorneys fees.If the landlord fails to comply with the above requirements, the tenant mayrecover the property and money due, together with damages in an amountequal to the amount wrongfully withheld, and reasonable attorney’s fees.-9-
Tenant Tips on Recovering the Security DepositAfter moving out, the tenant has a right to a refund of the security deposit,less any damages to the unit and/or unpaid rent. The tenant is not liablefor normal usage or normal wear and tear to a property.Security Deposit Tips: Pay your rent on time.Become familiar with your responsibilities under the law and therental agreement.Keep any receipts (rent, repairs made, etc.).Give a minimum of 30 days notice, in writing, of intent to vacate.Keep a copy of your notice of intent to vacate and document whenit was given to the landlord.Correct any damages made to the property during your tenancy.Request the landlord to inspect the property with you (both beforeyou move in and when you move out).o Take pictures/videos or have a witness with you duringthe inspection.o Use the same checklist you used for moving out as whenyou moved in.Return all keys to the landlord.Provide the landlord with your forwarding address and an envelopein which to return your deposit.Make a record of the landlord’s full name and business address.- 10 -
TENANT RESPONSIBILITIESIn general, a tenant must pay rent on time and avoid damaging theproperty. Tenant obligations are outlined in Ohio Revised Code 5321.05.Following is a summary:o Keep your home safe and sanitary.o Dispose of all rubbish, garbage, and other waste in a clean, safe, andsanitary manner.o Keep all plumbing fixtures in the home as clean as possible.o Use and operate all electrical and plumbing fixtures properly.o Comply with all state and local housing, health, and safety codes as theyapply to tenants.o Do not destroy, deface, damage, or remove any fixture, appliance, orother part of the premise. Do not allow anyone on the premise withyour permission to do so either.o Keep any appliances provided by the landlord in good working order asoutlined in the terms and conditions of the written rental agreement.o Conduct yourself in a way that will not disturb your neighbor’s peacefulenjoyment of the premises. You are also responsible for ensuring thatanyone on the premises with your permission does not disturb yourneighbors.o Do not violate any state or federal drug laws. You are also responsiblefor ensuring that anyone on the premises with your permission(including family and friends) does not violate state or federal druglaws. The landlord may be required to evict you if he/she has actual orreasonable knowledge that you, anyone in your household, or anyoneon the premise with your permission, has or is engaged in a violation ofstate or federal drug laws.o Do not unreasonably withhold permission to allow your landlord toenter the home with proper notification.o Landlords are allowed to enter the premises to conduct inspections;make ordinary and necessary repairs; make alterations orimprovements; show the home to prospective purchasers, tenants, orcontractors; and deliver parcels that do not fit in your mailbox.Landlords must give a 24 hour notification unless it is an emergencysituation.- 11 -
oIf the landlord makes an unlawful entry, makes a lawful entry in anunreasonable manner, or makes repeated demands for entry otherwiselawful that have the effect of harassing the tenant, the tenant mayrecover actual damages including attorney fees and may terminate therental agreement.Tips for Tenants1. Get a written statement of the charges for rent, deposit, and anyother fees including the conditions for getting a refund beforegiving any money.2. Always get a written receipt.3. Don’t assume anything. Get it in writing.4. The landlord must evict you if he/she knows or is informed by alaw enforcement officer that you or someone in your home isengaged in drug activity on or near the property and the activity issomehow connected to your rental unit.5. Do NOT hold rent to force the landlord to make repairs. Be sureto use the proper escrow procedure.Remedies of TenantIf a landlord fails to fulfill any landlord obligation under section 5321.04 ofthe Ohio Revised Code or any obligation imposed upon him/her under therental agreement; or if a government agency finds the premises are not incompliance with building, housing, health, or safety codes, the tenant maygive a written notice to the landlord specifying the violations. The noticeneeds to be sent to the person or place where rent is normally paid. Thetenant should keep a copy of this notice.If the landlord fails to remedy the situation within a reasonable time(consider the severity of the condition and the time necessary to remedy it),but no longer than thirty days, and the tenant is current in rent paymentdue, the tenant may:1. Deposit all rent that is due and thereafter becomes due the landlordwith the clerk of courts of the court that has jurisdiction where therental property is located, or- 12 -
2. Apply to the court for an order directing the landlord to remedythe situation, or3. Terminate the rental agreement.The tenant may not just “hold” the rent until the landlord correctsthe condition. It must be deposited in an escrow account with thecourts. Check with your local clerk of courts to find out exactprocedures for the location of where the rental property is.It is strongly recommended that a tenant seek legal assistance withescrowing of rent.Note: Rent escrow is not an available remedy to student rentals or ifthe landlord owns fewer than four rental units and if written notice ofthis fact was delivered to the tenant upon moving into the property.INSPECTIONSBefore signing the lease and paying any refundable deposit, the tenant andlandlord should inspect the property together. A detailed record of thecondition of the property, including the yard if renting a house, should bemade. This not only protects the tenant from being charged for damageshe or she did not incur, but provides the landlord with a list of defectsneeding correction.If you need an inspection checklist, you may obtain one free of charge bycontacting the Hocking . Athens . Perry Fair Housing Consortium at 800866-1093.The landlord may schedule routine inspections of the property. Aminimum of 24 hours notice of the landlord’s intent to enter and inspectthe property must be given to the tenant. In the case of an emergency, thelandlord may enter the property without notice.- 13 -
LANDLORD RESPONSIBILITIESLandlord obligations are outlines in Ohio Revised Code 5321.04.Following is a summary:¾Comply with all applicable building, housing, health, and safety codesthat affect health and safety.¾Make all repairs and do whatever is reasonably necessary to put thepremises and keep the premises in a fit and habitable condition.¾Keep all common areas safe and sanitary.¾Maintain all electrical, plumbing, sanitary, heating, ventilating, airconditioning, elevators, and appliances supplied by (or required to besupplied by) you in good and safe working order and condition.¾Provide and maintain appropriate receptacles for garbage and otherwaste incidental to the occupancy of the dwelling unit and arrange fortheir removal (for four or more dwelling units in the same structure).¾Supply running water, reasonable amounts of hot water and heat atall times (unless the hot water and heat are supplied by an installationthat is under the control of the tenant and supplied by a direct publichook-up).¾Do not abuse the right of access under 5321.05 of the Ohio RevisedCode.¾Give the tenant 24 hours notice of your intent to enter the propertyand only enter at reasonable times (except in cases of emergency).Reasonable times are generally considered to be during normalbusiness hours.¾Promptly commence an action under Chapter 1923 of the OhioRevised Code to remov
landlord’s responsibilities, rights, and duties. A properly written agreement will eliminate most of the misunderstandings and problems that commonly arise between a landlord and tenant. The rental agreement benefits and protects both parties. The rental agreement cannot contain clauses to limit or escape responsibilities that are mandated by .
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
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
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 .
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
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.
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
