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Rights and Duties

A Landlord Has the Duty to:

1) Do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.

2) Put and keep the common areas in a safe and sanitary condition.

3) Comply with housing, health, and safety codes

4) Keep all electrical, plumbing, heating, and ventilation fixtures working.

5) Maintain all appliances and equipment supplied, or required to be supplied by him/her.

6) Provide running water and reasonable amounts of hot water and heat, unless they are supplied by an installation which is under the exclusive control of the tenant, and supplied by direct public utility connection.

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

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

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

A Tenant Has the Duty to:

1) Keep the premises safe and sanitary.

2) Dispose of rubbish in the proper manner.

3) Keep the plumbing fixtures as clean as their condition permits.

4) Use electrical and plumbing fixtures properly.

5) Comply with housing, health, and safety codes.

6) Refrain from activity that causes damage to the premises, and keeps guests from doing the same.

7) Maintain appliances supplied by the landlord in good working order.

8) Conduct himself/herself in a manner that does not disturb any neighbors, and require guests and family members to do the same.

9) Permit the landlord to enter the unit if the request is reasonable and proper notice is given, except in an emergency.

10) Comply with state and municipal drug laws in connection with the premises, and require household members and guests to do likewise.

How to Get Repairs Done:

A landlord may be held accountable for duties under the Ohio Landlord Tenant Law, or the local housing codes, or the rental agreement, or if there are any conditions which “ materially affect health and safety .”

If a landlord does not meet his/her duties, then the tenant may give the landlord a written notice of the conditions which need to be corrected. This notice must be delivered to the person or at the place where the tenant normally pays rent. The tenant should keep a copy.

If the landlord fails to remedy conditions within a reasonable time, not to exceed 30 days, and if the tenant is current on rent payments, then the tenant may:

1) Deposit the rent with the Clerk of Court, or

2) Request the court to order the repairs made.

3) Terminate the rental agreement.

Click Below for a template letter to request repairs to be made:

Right of Access :

A landlord may not enter a tenant's unit without giving proper notice (24 hours), except in emergency. Landlords may not enter in an unreasonable manner or make repeated requests for entry which have the effect of harassment. Tenants may seek injunctive relief from the courts when landlords abuse the right of access. However, once a landlord gives 24 hour notice, tenants cannot unreasonably withhold access to the unit. Also, tenants are not required by law to provide the landlord with a pass-key, though this may be part of the rental agreement.

Click Below for a template letter addressing granting access to your unit:

Security Deposits :

The Ohio Landlord Tenant Law permits a landlord to collect a security deposit to cover the costs of any unpaid rent or damages to the property that are beyond normal wear and tear.

A security deposit is any amount of money or property which a tenant gives to a landlord to “secure” the tenant's performance. This could include last month's rent paid in advance or a pet or key deposit. If the total security deposit is more than one month's rent, and the tenant stays more than six (6) months, the landlord must pay interest on the amount that is greater than one month's rent at a rate of 5% per year.

The landlord is required to return the security deposit to the tenant within thirty (30) days of the time that the tenant gives up the occupancy and terminates the rental agreement. Tenants are required to give the landlord a written forwarding address. The landlord must provide a written, itemized list of any costs for repairs or unpaid rent that are deducted from the security deposit.

Click Below for a template letter addressing your security deposit:

Evictions :

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

1. Failed to pay the rent on time; or

2. Stayed in the unit beyond the term of the tenant's rental

agreement, (see “Terminating a Rental Agreement”).

To bring an eviction action, the landlord must first serve the tenant with a three (3) day Notice to Vacate. Check your local municipal court for available forms, or visit Euclid Office Supply in Euclid.

If the tenant does not move out after three days, the landlord may file an eviction action with the Clerk of Court. The Clerk will schedule a hearing, and the tenant will receive a summons and complaint from the Court at least five days before the hearing. The time between filing and the hearing is usually between 2-3 weeks.

At the hearing, the landlord and tenant will present their evidence in support and in defense of the eviction action and the referee will make a decision.

If the tenant believes that his/her rental unit is not worth the amount of rent being charged, the tenant may ask the eviction court to consider the counterclaim.

To read more about Tenant / Landlord rights, click below to download our brochure:

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