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2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5313 | Land Installment Contracts › Section 5313.10 | Terminating Land Installment Contract Is Exclusive Remedy.

Effective:
November 25, 1969
Latest Legislation:
Senate Bill 156 - 108th General Assembly
The election of the vendor to terminate the land installment contract by an action under section 5313.07 or 5313.08 of the Revised Code is an exclusive remedy which bars further action on the contract unless the vendee has paid an amount less than the fair rental value plus deterioration or destruction of the property occasioned by the vendee's use. In such case the vendor may recover the difference between the amount paid by the vendee on the contract and the fair rental value of the property plus an amount for the deterioration or destruction of the property occasioned by the vendee's use.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5315 | d.o.l.l.a.r. Deed Program › Section 5315.01 | Definitions; Creation.

Effective:
September 28, 2016
Latest Legislation:
House Bill 303 - 131st General Assembly
(A) As used in this chapter :
(1) "Borrower" means the person who receives a l oan from a lender secured by a mortgage on real property to which the borrower holds legal title and who is an applicant of the D.O.L.L.A.R. deed program. "Borrower" includes the original borrower's successor in interest.
(2) "D.O.L.L.A.R. d eed in lieu of foreclosure" means a transaction in which a borrower, after default on a loan s ecured by a mortgage on real property, conveys to the l ender by deed that satisfies t he minimum requirements of section 5302.11 of the Revised Code, title to the real property pledged as security for the r elated note of indebtedness.
(3) "Home affordable modification program" means the home affordable modification program established by the United States departments of the treasury and housing and urban development pursuant to 12 U.S.C. 5219.
(4) "Lender" means the mortgagee and holder of t he note secured by the mortgage or an agent on behalf of the holder of the note, regardless of whether the holder of the note is the original mortgagee. "Lender" includes the person entitled to enforce the instrument secured by the mortgage under division (A)(1) or (2) of section 1303.31 of the Revised Code or a mortgagee with the right to enforce the obligation secured by the mortgage pursuant to law outside of Chapter 1303. of the Revised Code.
(5) "Mortgage" means the instrument securing an obligation to pay a sum of money evidenced by a note of indebtedness and secured by a lien on the borrower's real property.
(6) " Note" or " note of i ndebtedness" means an obligation to pay a sum of money secured by a mortgage on b orrower's real property.
(B) There is hereby created the D.O.L.L.A.R. deed program. The program shall provide a loss mitigation alternative for borrowers who are in default on a mortgage encumbering real property.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5315 | d.o.l.l.a.r. Deed Program › Section 5315.02 | Rules.

Effective:
September 28, 2016
Latest Legislation:
House Bill 303 - 131st General Assembly
To assist in the establishment of the D.O.L.L.A.R. deed program, the Ohio housing finance agency shall adopt in rule all of the following:
(A) A model form by which a person may apply to participate in the program;
(B) A model for the deed, which act shall as the deed in lieu of foreclosure described in division (A)(1) of section 5315.04 of the Revised Code;
(C) A model for the lease with option to purchase agreement described in divisions (A)(2) and (3) of section 5315.04 of the Revised Code;
(D) Any other rules necessary to implement this chapter.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5315 | d.o.l.l.a.r. Deed Program › Section 5315.03 | Application; Qualifications; Participation.

Effective:
September 28, 2016
Latest Legislation:
House Bill 303 - 131st General Assembly
(A) An applicant to the D.O.L.L.A.R. deed program shall submit both of the following to the loss mitigation department of the lender of the mortgage that is in default:
(1) An application form as set forth in section 5315.02 of the Revised Code;
(2) A request for modification and affidavit form developed under the home affordable modification program.
(B) To qualify for the program, all of the following shall apply:
(1) The applicant need not be eligible for another mortgage loss mitigation alternative or program.
(2) The applicant's front-end and back-end debt-to-income ratios must fall below the current ratios set for the home affordable modification program at the time the application is submitted to the lender.
(3) The applicant must occupy the residence.
(C) The lender shall respond to the applicant in writing not later than thirty days after the date the lender receives all application documents.
(D) The lender is not required to participate in the program.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5315 | d.o.l.l.a.r. Deed Program › Section 5315.05 | Parties to Lease With Option to Purchase Agreement.

Effective:
September 28, 2016
Latest Legislation:
House Bill 303 - 131st General Assembly
(A) A former borrower and a former lender who are party to a lease with option to purchase agreement under divisions (A)(2) and (3) of section 5315.04 of the Revised Code are governed by Chapter 5321. of the Revised Code.
(1) The former borrower-lessee is responsible for all of the obligations of a tenant under section 5321.05 of the Revised Code as well as the duties under divisions (A)(1) to (6) of section 5321.04 of the Revised Code.
(2) Divisions (A)(1) to (6) of section 5321.04 of the Revised Code do not apply to a lender-lessor participating in the D.O.L.L.A.R. deed program in accordance with this chapter.
(B) A former borrower-lessee who defaults or otherwise fails to meet the terms of a lease with option to purchase agreement executed pursuant to this chapter forfeits the former borrower-lessee's right to purchase the real property under division (B) of section 5315.04 of the Revised Code and has no further right of possession or occupancy and shall be subject to a forcible entry and detainer action under section 5321.03 and Chapter 1923. of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.02 | Retaliatory Action by Landlord Prohibited.

Effective:
November 4, 1974
Latest Legislation:
Senate Bill 103 - 110th General Assembly
(A) Subject to section 5321.03 of the Revised Code, a landlord may not retaliate against a tenant by increasing the tenant's rent, decreasing services that are due to the tenant, or bringing or threatening to bring an action for possession of the tenant's premises because:
(1) The tenant has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that is applicable to the premises, and the violation materially affects health and safety;
(2) The tenant has complained to the landlord of any violation of section 5321.04 of the Revised Code;
(3) The tenant joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreement.
(B) If a landlord acts in violation of division (A) of this section the tenant may:
(1) Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises;
(2) Recover possession of the premises; or
(3) Terminate the rental agreement.
In addition, the tenant may recover from the landlord any actual damages together with reasonable attorneys' fees.
(C) Nothing in division (A) of this section shall prohibit a landlord from increasing the rent to reflect the cost of improvements installed by the landlord in or about the premises or to reflect an increase in other costs of operation of the premises.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.03 | Action for Possession by Landlord.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Notwithstanding section 5321.02 of the Revised Code, a landlord may bring an action under Chapter 1923. of the Revised Code for possession of the premises if:
(1) The tenant is in default in the payment of rent;
(2) The violation of the applicable building, housing, health, or safety code that the tenant complained of was primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant's household, or by anyone on the premises with the consent of the tenant;
(3) Compliance with the applicable building, housing, health, or safety code would require alteration, remodeling, or demolition of the premises which would effectively deprive the tenant of the use of the dwelling unit;
(4) A tenant is holding over the tenant's term.
(5) The residential premises are located within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises, and both of the following apply regarding the tenant or other occupant who resides in or occupies the premises:
(a) The tenant's or other occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the tenant or other occupant was convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(B) The maintenance of an action by the landlord under this section does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement or of section 5321.04 of the Revised Code.
(C) This section does not apply to a dwelling unit occupied by a student tenant.
(D) As used in this section, "children's crisis care facility premises" and "residential infant care center premises" have the same meanings as in section 2950.034 of the Revised Code.
Last updated August 17, 2023 at 2:10 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.031 | College or University Student Tenant Rental Agreements.

Effective:
October 12, 1994
Latest Legislation:
House Bill 438 - 120th General Assembly
A college or university may terminate a rental agreement with a student tenant prior to the expiration of the term of the agreement and require that the student vacate the dwelling unit only when the termination follows a hearing in which it was determined by the college or university that the student violated a term of the rental agreement or violated the college's or university's code of conduct or other policies and procedures. The hearing must be preceded by a written notice to the student, must include a right to be heard, and must otherwise comply with the college's or university's procedures for disciplinary hearings. The written rental agreement must specify the conditions under which the rental agreement may be terminated and specify the college's or university's notice and hearing procedures that will be followed in making a determination under this section.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.051 | Eviction of Tenant Allowing Sex or Child Victim Offenders to Occupy Premises Near School, Child Care Facility.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A)(1) No tenant of any residential premises located within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises shall allow any person to occupy those residential premises if both of the following apply regarding the person:
(a) The person's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the person was convicted of or pleaded guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(2) If a tenant allows occupancy in violation of this section or a person establishes a residence or occupies residential premises in violation of section 2950.034 of the Revised Code, the landlord for the residential premises that are the subject of the rental agreement or other tenancy may terminate the rental agreement or other tenancy of the tenant and all other occupants.
(B) If a landlord is authorized to terminate a rental agreement or other tenancy pursuant to division (A) of this section but does not so terminate the rental agreement or other tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly results from that decision.
(C) As used in this section, "children's crisis care facility premises" and "residential infant care center premises" have the same meanings as in section 2950.034 of the Revised Code.
Last updated August 17, 2023 at 2:20 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.06 | Terms and Conditions of Rental Agreement.

Effective:
November 4, 1974
Latest Legislation:
Senate Bill 103 - 110th General Assembly
A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321. of the Revised Code or any other rule of law.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.07 | Failure of Landlord to Fulfill Obligations - Remedies of Tenant.

Effective:
October 12, 1994
Latest Legislation:
House Bill 438 - 120th General Assembly
(A) If a landlord fails to fulfill any obligation imposed upon him by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, or any obligation imposed upon him by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes that apply to any condition of the premises that could materially affect the health and safety of an occupant, the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid.
(B) If a landlord receives the notice described in division (A) of this section and after receipt of the notice fails to remedy the condition within a reasonable time considering the severity of the condition and the time necessary to remedy it, or within thirty days, whichever is sooner, and if the tenant is current in rent payments due under the rental agreement, the tenant may do one of the following:
(1) Deposit all rent that is due and thereafter becomes due the landlord with the clerk of the municipal or county court having jurisdiction in the territory in which the residential premises are located;
(2) Apply to the court for an order directing the landlord to remedy the condition. As part of the application, the tenant may deposit rent pursuant to division (B)(1) of this section, may apply for an order reducing the periodic rent due the landlord until the landlord remedies the condition, and may apply for an order to use the rent deposited to remedy the condition. In any order issued pursuant to this division, the court may require the tenant to deposit rent with the clerk of court as provided in division (B)(1) of this section.
(3) Terminate the rental agreement.
(C) This section does not apply to any landlord who is a party to rental agreements that cover three or fewer dwelling units and who provides notice of that fact in a written rental agreement or, in the case of an oral tenancy, delivers written notice of that fact to the tenant at the time of initial occupancy by the tenant.
(D) This section does not apply to a dwelling unit occupied by a student tenant.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.08 | Rent Deposits - Duty of Clerk of Court.

Effective:
September 1, 1975
Latest Legislation:
House Bill 49 - 111th General Assembly
(A) Whenever a tenant deposits rent with the clerk of a court as provided in section 5321.07 of the Revised Code, the clerk shall give written notice of this fact to the landlord and to his agent, if any.
(B) The clerk shall place all rent deposited with him in a separate rent escrow account in the name of the clerk in a bank or building and loan association domiciled in this state.
(C) The clerk shall keep in a separate docket an account of each deposit, with the name and address of the tenant, and the name and address of the landlord and of his agent, if any.
(D) For his costs, the clerk may charge a fee of one per cent of the amount of the rent deposited, which shall be assessed as court costs.
(E) All interest that has accrued on the rent deposited by the clerk of a county court under division (B) of this section shall be paid into the treasury of the political subdivision for which the clerk performs his duties. All interest that has accrued on the rent deposited by the clerk of a municipal court under division (B) of this section shall be paid into the city treasury as defined in division (B) of section 1901.03 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.10 | Release of Part of Rent.

Effective:
November 4, 1974
Latest Legislation:
Senate Bill 103 - 110th General Assembly
(A) If a landlord brings an action for the release of rent deposited with a clerk of court, the court may, during the pendency of the action, upon application of the landlord, release part of the rent on deposit for payment of the periodic interest on a mortgage on the premises, the periodic principal payments on a mortgage on the premises, the insurance premiums for the premises, real estate taxes on the premises, utility services, repairs, and other customary and usual costs of operating the premises as a rental unit.
(B) In determining whether to release rent for the payments described in division (A) of this section, the court shall consider the amount of rent the landlord receives from other rental units in the buildings of which the residential premises are a part, the cost of operating those units, and the costs which may be required to remedy the condition contained in the notice given pursuant to division (A) of section 5321.07 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.11 | Failure of Tenant to Fulfill Obligations - Remedies of Landlord.

Effective:
August 22, 1990
Latest Legislation:
Senate Bill 258 - 118th General Assembly
If the tenant fails to fulfill any obligation imposed upon him by section 5321.05 of the Revised Code that materially affects health and safety, other than the obligation described in division (A)(9) of that section, the landlord may deliver a written notice of this fact to the tenant specifying the act or omission that constitutes noncompliance with the pertinent obligations and specifying that the rental agreement will terminate upon a date specified in the notice, not less than thirty days after receipt of the notice. If the tenant fails to remedy the condition specified in the notice, the rental agreement shall terminate as provided in the notice.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.12 | Recovery of Damages.

Effective:
November 4, 1974
Latest Legislation:
Senate Bill 103 - 110th General Assembly
In any action under Chapter 5321. of the Revised Code, any party may recover damages for the breach of contract or the breach of any duty that is imposed by law.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.13 | Terms Prohibited in Rental Agreement.

Effective:
August 22, 1990
Latest Legislation:
Senate Bill 258 - 118th General Assembly
(A) No provision of this chapter may be modified or waived by any oral or written agreement except as provided in division (F) of this section.
(B) No warrant of attorney to confess judgment shall be recognized in any rental agreement or in any other agreement between a landlord and tenant for the recovery of rent or damages to the residential premises.
(C) No agreement to pay the landlord's or tenant's attorney's fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant.
(D) No agreement by a tenant to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or its related costs shall be recognized in any rental agreement or in any other agreement between a landlord and tenant.
(E) A rental agreement, or the assignment, conveyance, trust deed, or security instrument of the landlord's interest in the rental agreement may not permit the receipt of rent free of the obligation to comply with section 5321.04 of the Revised Code.
(F) The landlord may agree to assume responsibility for fulfilling any duty or obligation imposed on a tenant by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.14 | Unconscionable Terms.

Effective:
November 4, 1974
Latest Legislation:
Senate Bill 103 - 110th General Assembly
(A) If the court as a matter of law finds a rental agreement, or any clause thereof, to have been unconscionable at the time it was made, it may refuse to enforce the rental agreement or it may enforce the remainder of the rental agreement without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(B) When it is claimed or appears to the court that the rental agreement, or any clause thereof, may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.15 | Acts of Landlord Prohibited if Residential Property Involved.

Effective:
November 4, 1974
Latest Legislation:
Senate Bill 103 - 110th General Assembly
(A) No landlord of residential premises shall initiate any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated, for the purpose of recovering possession of residential premises, other than as provided in Chapters 1923., 5303., and 5321. of the Revised Code.
(B) No landlord of residential premises shall seize the furnishings or possessions of a tenant, or of a tenant whose right to possession has terminated, for the purpose of recovering rent payments, other than in accordance with an order issued by a court of competent jurisdiction.
(C) A landlord who violates this section is liable in a civil action for all damages caused to a tenant, or to a tenant whose right to possession has terminated, together with reasonable attorneys fees.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.16 | Procedures for Security Deposits.

Effective:
November 4, 1974
Latest Legislation:
Senate Bill 103 - 110th General Assembly
(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.
(B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with section 5321.05 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.
(C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.17 | Termination of Tenancy.

Effective:
August 22, 1990
Latest Legislation:
Senate Bill 258 - 118th General Assembly
(A) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified in the notice.
(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.
(C) If a tenant violates division (A)(9) of section 5321.05 of the Revised Code and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the residential premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, the landlord shall terminate the week-to-week tenancy, month-to-month tenancy, or other rental agreement with the tenant by giving a notice of termination to the tenant in accordance with this division. The notice shall specify that the tenancy or other rental agreement is terminated three days after the giving of the notice, and the landlord may give the notice whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code. If the tenant fails to vacate the premises within three days after the giving of that notice, then the landlord promptly shall comply with division (A)(9) of section 5321.04 of the Revised Code. For purposes of this division, actual knowledge or reasonable cause to believe as described in this division shall be determined in accordance with division (A)(6)(a)(i) of section 1923.02 of the Revised Code.
(D) This section does not apply to a termination based on the breach of a condition of a rental agreement or the breach of a duty and obligation imposed by law, except that it does apply to a breach of the obligation imposed upon a tenant by division (A)(9) of section 5321.05 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.18 | Written Rental Agreement for Residential Premises Provisions.

Effective:
November 4, 1974
Latest Legislation:
Senate Bill 103 - 110th General Assembly
(A) Every written rental agreement for residential premises shall contain the name and address of the owner and the name and address of the owner's agent, if any. If the owner or the owner's agent is a corporation, partnership, limited partnership, association, trust, or other entity, the address shall be the principal place of business in the county in which the residential property is situated or if there is no place of business in such county then its principal place of business in this state, and shall include the name of the person in charge thereof.
(B) If the rental agreement is oral, the landlord, at the commencement of the term of occupancy, shall deliver to tenant a written notice containing the information required in division (A) of this section.
(C) If the landlord fails to provide the notice of the name and address of the owner and owner's agent, if any, required under division (A) or (B) of this section, the notices to the landlord required under division (A) of section 5321.07 and division (A) of section 5321.08 of the Revised Code shall be waived by the landlord and his agent.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5321 | Landlords and Tenants › Section 5321.19 | Effect of Chapter on Political Subdivisions.

Effective:
September 23, 2022
Latest Legislation:
House Bill 430 - 134th General Assembly
(A) Except as provided in division (B) of this section, no political subdivision may enact, adopt, renew, maintain, enforce, or continue in existence any charter provision, ordinance, resolution, rule, or other measure that is in conflict with this chapter, or that regulates the rights and obligations of parties to a rental agreement that are regulated by this chapter, including, without limitation, by any way imposing or requiring rent control or rent stabilization.
(B) This chapter does not preempt any of the following:
(1) Housing, building, health, or safety code, or any ordinance as described in division (A)(9) of section 5321.04 of the Revised Code, of any political subdivision;
(2) Charter provision, ordinance, resolution, rule, or other measure of a political subdivision that regulates, or has the effect of regulating in any way, rent charged or paid for the use of residential premises that such political subdivision owns or operates;
(3) A political subdivision from adopting any charter provision, ordinance, resolution, rule, or other measure to implement a plan to use voluntary incentives or agreements that regulates, or has the effect of regulating in any way, rent charged or paid for the use of residential premises so long as such regulating is related to voluntary incentives or agreements to increase or maintain the supply or improve the quality of available residential premises, including, without limitation, incentives authorized by federal law, the incentives set forth in sections 3735.65 to 3735.70 of the Revised Code, tax abatements, tax credit financing, bond or other financing, or loans or grants from the political subdivision.
Last updated October 20, 2022 at 9:57 AM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5322 | Storage Facilities › Section 5322.01 | Storage Facility Definitions.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
As used in this chapter:
(A) "Self-service storage facility" means any real property that is designed and used only for the purpose of renting or leasing individual storage space in the facility under the following conditions:
(1) The occupants have access to the storage space only for the purpose of storing and removing personal property.
(2) The owner does not issue a warehouse receipt, bill of lading, or other document of title, as defined in section 1301.201 of the Revised Code, for the personal property stored in the storage space.
"Self-service storage facility" does not include any garage used principally for parking motor vehicles, any garage or storage area in a private residence, an establishment licensed pursuant to sections 915.14 to 915.24 of the Revised Code, or any property of a bank or savings and loan association that contains vaults, safe deposit boxes, or other receptacles for the uses, purposes, and benefits of the bank's or savings and loan association's customers.
(B) "Owner" means a person that is the owner or operator of a self-service storage facility, the lessor or sublessor of an entire self-service storage facility, the agent of any of the foregoing, or any other person authorized by any of the foregoing to manage the facility or to receive rent from an occupant pursuant to a rental agreement.
(C) "Occupant" means a person that rents storage space at a self-service storage facility pursuant to a rental agreement that the person enters into with the owner.
(D) "Rental agreement" means any written agreement that is entered into by the owner and the occupant and that establishes the terms and conditions of the occupant's use of storage space at a self-service storage facility.
(E) "Personal property" means money and every animate or inanimate tangible thing that is the subject of ownership, except anything forming part of a parcel of real estate, as defined in section 5701.02 of the Revised Code, and except anything that is an agricultural commodity, as defined in division (A) of section 926.01 of the Revised Code.
(F) "Late fee" means any fee or charge assessed for an occupant's failure to pay rent when due. "Late fee" does not include interest on a debt, reasonable expenses incurred in the collection of unpaid rent, or costs associated with the enforcement of any other remedy provided by statute or contract.
(G) "Last known address" means either of the following:
(1) The mailing address provided by the occupant in the most recent rental agreement or the mailing address provided by the occupant in a subsequent written notice of a change of address;
(2) The mailing address of any of the persons described in division (A) of section 5322.03 of the Revised Code that is provided by any of those persons to the owner of a self-service storage facility or that is discovered by the owner of a self-service storage facility.
Last updated September 5, 2023 at 3:58 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5322 | Storage Facilities › Section 5322.02 | Owner's Lien Against Stored Property Upon Default.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The owner of a self-service storage facility has a lien against the occupant on the personal property stored pursuant to a rental agreement in any storage space at the self-service storage facility, or on the proceeds of the personal property subject to the defaulting occupant's rental agreement in the owner's possession, for rent, labor, late fees, or other charges in relation to the personal property that are specified in the rental agreement and that have become due and for expenses necessary for the preservation of the personal property or expenses reasonably incurred in the enforcement of the lien or in the sale or other disposition of the personal property pursuant to law. The owner's lien provided for in this section is also effective against the following persons:
(1) A person who has an unfiled security interest in the personal property, except that the owner's lien is not effective against a person who has a valid security interest in a motor vehicle or a valid security interest in a watercraft, whether or not the security interest in the motor vehicle or watercraft is filed;
(2) A person who meets both of the following requirements:
(a) The person has a legal interest in the personal property, a filed security interest in the personal property, or a valid security interest in the personal property that is a motor vehicle.
(b) The person consents in writing to the storage of the personal property.
(B) The owner's lien created by division (A) of this section attaches as of the date the personal property is brought to the self-service storage facility. An owner loses the owner's lien on any personal property that the owner voluntarily permits to be removed from the self-service storage facility or unjustifiably refuses to permit to be removed from the self-service storage facility.
Last updated August 11, 2021 at 1:33 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5322 | Storage Facilities › Section 5322.05 | Late Fees for Failure to Pay Rent When Due for Use of Self-Service Storage Facility.

Effective:
May 4, 2004
Latest Legislation:
House Bill 120 - 125th General Assembly
(A) Subject to division (B) of this section, a reasonable late fee may be imposed and collected by an owner for each service period that an occupant does not pay rent when due under a rental agreement, provided that the due date for the rental payment is not earlier than the day before the first day of the service period to which the rental payment applies. However, no late fee shall be imposed or collected if the occupant makes a rental payment in full by the third day after the due date under the rental agreement.
(B) No late fee may be collected pursuant to division (A) of this section unless the amount of that fee and the conditions for imposing that fee are stated in the rental agreement or an addendum to that agreement.
(C) For purposes of division (A) of this section, a late fee of twenty dollars for each late rental payment, or twenty per cent of the amount of each late rental payment, whichever is greater, is deemed reasonable and does not constitute a penalty. However, the contract may provide for a late fee in a greater amount if that amount is reasonable. The owner has the burden of proof that the late fee in the greater amount is reasonable.
(D) Any reasonable expense incurred in rent collection or lien enforcement by an owner may be charged to the occupant in addition to the late fees permitted by this section.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5322 | Storage Facilities › Section 5322.06 | Maximum Value of Stored Property.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Except as otherwise provided in this section, if the rental agreement entered into between the owner and the occupant contains a provision placing a limit on the value of personal property that may be stored in the occupant's storage space, that limit is the maximum value of the stored property, provided that the provision is printed in bold type or underlined in the rental agreement.
(B) A limit on the value of personal property under division (A) of this section shall not be less than one thousand dollars.
(C) The rental agreement may provide that the occupant may increase the limit on the value of property with the written permission of the owner.
(D) Nothing in a rental agreement shall limit an occupant's claim for damages based on the loss or destruction of personal property stored in the occupant's storage space, when those damages are the result of negligence by, or on behalf of the owner.
Last updated September 13, 2023 at 12:07 PM
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5323 | Residential Rental Property › Section 5323.01 | Residential Rental Property Definitions.

Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
As used in this chapter:
(A) "Hotel" has the same meaning as in section 3731.01 of the Revised Code.
(B) "Manufactured home" has the same meaning as in section 3781.06 of the Revised Code.
(C) "Mobile home" and "recreational vehicle" have the same meanings as in section 4501.01 of the Revised Code.
(D) "Political subdivision" means a county that has a population of more than two hundred thousand according to the most recent decennial census or a township, municipal corporation, or other body corporate and politic that is located in a county that has a population of more than two hundred thousand according to the most recent decennial census and is responsible for government activities in a geographic area smaller than that of the state.
(E) "Residential rental property" means real property that is located in a county that has a population of more than two hundred thousand according to the most recent decennial census and on which is located one or more dwelling units leased or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semipermanent site at which lots are leased or otherwise rented to tenants for the parking of a manufactured home, mobile home, or recreational vehicle that is used solely for residential purposes. "Residential rental property" does not include a hotel or a college or university dormitory.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5323 | Residential Rental Property › Section 5323.02 | Filing of Information by Owner With County Auditor.

Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
(A) An owner of residential rental property shall file with the county auditor of the county in which the property is located the following information:
(1) The name, address, and telephone number of the owner;
(2) If the residential rental property is owned by a trust, business trust, estate, partnership, limited partnership, limited liability company, association, corporation, or any other business entity, the name, address, and telephone number of the following:
(a) A trustee, in the case of a trust or business trust;
(b) The executor or administrator, in the case of an estate;
(c) A general partner, in the case of a partnership or a limited partnership;
(d) A member, manager, or officer, in the case of a limited liability company;
(e) An associate, in the case of an association;
(f) An officer, in the case of a corporation;
(g) A member, manager, or officer, in the case of any other business entity.
(3) The street address and permanent parcel number of the residential rental property.
(B) The information required under division (A) of this section shall be filed and maintained on the tax list or the real property record.
(C) An owner of residential rental property shall update the information required under division (A) of this section within sixty days after any change in the information occurs.
(D) The county auditor shall provide an owner of residential rental property located in a county that has a population of more than two hundred thousand according to the most recent decennial census with notice pursuant to division (B) of section 323.131 of the Revised Code of the requirement to file the information required under division (A) of this section and the requirement to update that information under division (C) of this section.
(E) The owner of residential real property shall comply with the requirements under divisions (A) and (C) of this section within sixty days after receiving the notice provided under division (D) of this section, division (D) of section 319.202, or division (B) of section 323.131 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5323 | Residential Rental Property › Section 5323.03 | Designation of Filing Agent by Out-of-State Owner.

Effective:
September 28, 2006
Latest Legislation:
House Bill 294 - 126th General Assembly
An owner of residential rental property who resides outside the state shall designate, in a manner to be determined by the county auditor of the county in which the property is located, an individual who resides in the state to serve as the owner's agent for the acceptance of service of process on behalf of the owner in any legal action or proceeding in the state, unless the owner previously designated and continues to maintain a statutory agent for the service of process with the secretary of state as a condition of being authorized to engage in business in this state pursuant to another section of the Revised Code.
An owner who designates an agent pursuant to this section shall file in writing with the relevant county auditor the name, address, and telephone number of the agent. An owner who previously designated and continues to maintain a statutory agent for the service of process with the secretary of state as a condition of being authorized to engage in business in this state pursuant to another section of the Revised Code shall file in writing with the county auditor of the county in which the residential rental property is located a certified copy of the document filed with the secretary of state containing that designation.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5323 | Residential Rental Property › Section 5323.04 | Filed Information as Public Record.

Effective:
September 28, 2006
Latest Legislation:
House Bill 294 - 126th General Assembly
(A) All information filed with a county auditor under this chapter is a public record under section 149.43 of the Revised Code.
(B) An owner of residential rental property who complies with the requirements of this chapter shall be deemed to be in full compliance with any request by the state or any political subdivision to that owner for information that is identical to the information filed with the county auditor under this chapter.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5323 | Residential Rental Property › Section 5323.99 | Failure to Comply With Chapter - Penalty.

Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
No owner of residential rental property shall fail to comply with the filing or updating of information requirements of section 5323.02 of the Revised Code or shall fail to satisfy the designation of agent requirement or the filing of the appropriate designation of agent document requirement of section 5323.03 of the Revised Code. The county auditor may impose upon any person who violates this section a special assessment on the residential rental property that is the subject of the violation that is not less than fifty dollars or more than one hundred fifty dollars. Such special assessment may be appealed to the county board of revision.