At 7rent.com, we follow the law to the letter. Being honest, upfront, and completely legal should be the cornerstone of any good rental company. There are minor agreements that can exist between tenants and landlords that the law does not encompass, but for the most part, a lease agreement should be completely compliant with Ohio Landlord Tenant law. Any term of a lease agreement that is in contrast with the law will not be upheld by the court system. As a property manager, I have found that the vast majority of tenants do not know the law at all and are unaware of their rights or their duties as a tenant. If you are a renter in the State of Ohio and plan to rent for a long time, you should read the law. It's actually not that long to read it and your rights and the rights of your landlord are outlined in black and white. I'm going to discuss some items that are included in the law today that so many people are unaware of. I hope you all find this information helpful. A landlord has several duties to his/her tenants. He has a duty to maintain all of the appliances that he provides and to maintain heating/cooling systems provided by him as well. If you rent a space that doesn't have appliances and you provide the appliances, then repair of those items are your responsibility, but chances are that your landlord has provided those to you. I have heard of some landlords charging maintenance fees to tenants if something breaks down or having a clause in their lease that they will only be responsible for any work needed that exceeds a certain dollar amount and tenants should pay for anything under this amount. This is against the law. Tenants are responsible to maintain the cleanliness of the appliances provided by the landlord and to use them in a safe manner which would not damage them. In other words, if you damage the appliance, you should definitely have to pay for it yourself, but if the damage is no fault of yours, the landlord is responsible to repair the appliance at their own cost. For example, you have an electric stove and one of the burners dies and no longer functions due to an electrical short in the burner. This is the responsibility of the landlord to repair. If he attempts to charge you for the repair, he is in violation of the law. It is his appliance and he must maintain it in working order during your tenancy. Another example, you are cooking something and grease splashes on a burner and starts a small fire. You get the fire put out, but it has ruined the burner and it now must be replaced. You should expect to reimburse the landlord for the damage you caused to his stove and pay for the burner to be replaced. A landlord has a duty to deliver your unit to you in a clean, safe, and sanitary condition when you move in. As a tenant, you have a duty to maintain this standard. I have often times over the years had tenants with mildew growth in their showers/bathtubs expect us to come and treat it for them. Mildew growth comes from not cleaning your shower during your occupancy. It is your responsibility to clean the shower on a regular basis and to properly vent the room to prevent growth on the walls or ceiling. If any mildew has formed on the shower, you need to clean it and treat it yourself. A landlord should not be viewed as a personal maid of a tenant. You must keep your unit clean. Drains are another issue that tenants often think of as the landlord's responsibility. When you move in to your unit, the drains should be free and clear of any clogs. If the drains are clear when you move in, you must maintain them. If your hair clogs the pipes in your rental unit, you should expect to purchase your own drain cleaner and clear the drain. If you, your children, or your guests flush a prohibited item down a toilet and it stops it up, you should expect to get a bill from your landlord for the repair. Nothing besides toilet paper should ever be flushed down a toilet, including feminine sanitary products. I recommend that every tenant should own two plungers, one for the toilet and one for the sink/tub drains. The only time a landlord is responsible for a clogged drain is if the pipes are actually damaged or there is a clog in the exterior of the property due to tree roots growing into the pipes. Garbage disposals are the same as the pipes. Be careful what you put in a disposal. If the disposal gets stopped up with food and needs to be repaired, you should expect to pay for the repair. If the motor just goes out, your landlord should pay for the repair. Many tenants are under the impression that they can force a landlord to repair something by not paying the rent. This is the most important thing to know about the law and your rights and the landlord's rights. Do not ever not pay your rent. You must pay your rent, in full and on time, every month. Ohio law is not forgiving to tenants who do not pay, no matter what the reason is. There is a proper procedure to go through when a landlord is not performing his obligation to make major repairs to the home, especially repairs that affect your health and/or safety. The proper procedure is to deliver a 30 day notice to repair to your landlord for items that do not affect health or safety and you can give a shorter notice, like 7 days, for items that do affect health and safety (i.e. no heat in winter). You should absolutely do this by certified mail and request a return receipt. Once the notice is delivered, the landlord has 30 days to repair the issue. If he fails to do so, the next step is to deposit your rent with the clerk of courts. This is called putting your rent in escrow. You must bring a copy of the letter you sent to your landlord to the court with you. You also must be current in your rent payments in order to do this. If you owe your landlord back rent, utilities, late fees, or any other amounts, the court will not allow you to put your rent in escrow. The court will hold your rent money until the landlord has completed the repairs. He can then apply to get his rent money from the court at the time the repairs are complete. If the repair is something that affects health and safety, you can request to the court to terminate your lease agreement so you can move. If you don't follow the procedure properly, you just refuse to pay your rent or you don't pay and you just move from the premises, you can and will be subject to an eviction and monetary judgment by your landlord. He has every right to evict you if you fail to pay your rent, no matter what reason you don't pay. Do you have a question for me about your rights as a tenant? Please ask it here, I will be glad to answer any questions you have. You can find the entire Ohio Landlord/Tenant Law here: Ohio Revised Code Chapter 5321: LANDLORDS AND TENANTS. Knowing your rights often avoids many disagreements with your landlord. 7rent.com
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