Ohio Landlord-Tenant Law PDF: Chapter 5321, Deposits, Eviction

Ohio landlord-tenant law is set out in Chapter 5321 of the Ohio Revised Code, with the eviction procedure in Chapter 1923, and both chapters are available in full at codes.ohio.gov, where any section can be printed to PDF.¹ The rules apply to written leases and oral agreements alike, so a handshake deal carries the same statutory rights and duties as a long-form contract.

What Landlords Must Do

Section 5321.04 sets the baseline. A landlord has to keep the property fit and habitable throughout the tenancy and must comply with building, housing, health, and safety codes that affect a tenant’s health and safety.²

The specifics follow from that duty. Electrical, plumbing, heating, ventilating, air-conditioning, and sanitary systems have to be kept in safe working order. The landlord has to supply running water, a reasonable amount of hot water, and reasonable heat at all times, unless the unit is wired so the tenant controls the heat through a direct utility connection. Garbage receptacles and the upkeep of common areas also belong to the landlord.²

Notice Before Entering

Ohio treats 24 hours as a presumptively reasonable amount of notice before entry, phrased in the statute as a presumption rather than a hard rule. Entry has to happen at reasonable times, and a landlord cannot use the right of access to harass a tenant. Genuine emergencies and situations where notice is impracticable are the two carved-out exceptions. A landlord who enters without authority, enters unreasonably, or makes repeated demands that amount to harassment is liable for actual damages and attorney fees, and the tenant may terminate the lease.²

What Tenants Must Do

Section 5321.05 puts a matching set of duties on the tenant. Keep the unit clean, dispose of trash safely, keep plumbing fixtures as clean as their condition allows, and use electrical and plumbing systems properly. Don’t damage or remove fixtures, appliances, or any part of the property, and don’t let guests do it either. Behave in a way that doesn’t disturb the neighbors’ peaceful enjoyment of their own homes.³

Breaking these duties can trigger a 30-day termination notice from the landlord. More on that below.

Security Deposits

Section 5321.16 controls how deposits are handled from collection through return. Once the tenancy ends and the tenant moves out, the landlord has 30 days to return the deposit along with a written, itemized list of any deductions.⁴

Allowable deductions are limited to unpaid rent and damages caused by the tenant’s failure to meet their obligations under Section 5321.05 or the lease. Normal wear and tear is not deductible. Faded carpet from years of foot traffic is wear; cigarette burns and pet stains are damage.

If the deposit exceeds $50 or one month’s rent (whichever is greater), the landlord owes 5% annual interest on the excess, but only if the tenant stays at least six months. That interest must be calculated and paid to the tenant each year.⁴

A landlord who misses the 30-day deadline or skips the itemization is on the hook for the full amount wrongfully withheld plus a penalty equal to that amount, and the court may award reasonable attorney fees to the tenant.⁴ That doubling provision is the teeth of the statute.

If the Landlord Won’t Make Repairs

Section 5321.07 lays out a structured process. The first step is written notice to the landlord describing the specific problem, delivered to the person or address where rent is normally paid.⁵

If the landlord doesn’t act within a reasonable time given the severity of the problem, or within 30 days (whichever comes first), and the tenant is current on rent, the tenant has three options:

Deposit all rent with the clerk of the local municipal or county court instead of paying the landlord. This is often called rent escrow, and it blocks a nonpayment eviction while putting pressure on the landlord to fix the condition.
Ask the court for an order requiring the repair. The court can also reduce the rent or release escrowed money to pay for the fix directly.
Terminate the rental agreement.

Being current on rent is a hard prerequisite. A tenant who owes back rent cannot use these remedies. Landlords who rent out three or fewer dwelling units can opt out of the rent-escrow remedy by including notice of that fact in the rental agreement; the rest of Chapter 5321 still applies to them.⁵

If the Tenant Breaks the Rules

When a tenant violates Section 5321.05 in a way that materially affects health and safety, the landlord’s remedy under Section 5321.11 is written notice specifying the problem and setting a termination date at least 30 days out. If the tenant cures the problem within that window, termination doesn’t take effect. If not, the rental agreement ends on the stated date.⁶

The 30-day period is a floor. A landlord can give more time, not less. For nonpayment of rent, the eviction procedure described next is the right route rather than the 30-day notice.

Eviction: The Three-Day Notice and the Court Process

Formal eviction in Ohio is a forcible entry and detainer action under Chapter 1923. The landlord cannot skip a step.⁷

Before filing anything, the landlord has to serve a written notice giving the tenant at least three days to leave. The notice has to include the statutory language warning that an eviction action may follow and recommending that the tenant seek legal help. Delivery can be by certified mail, personal service, or leaving it at the tenant’s residence.⁸

Once three days have passed, the landlord can file a complaint in the local municipal or county court. The summons must be served on the tenant at least seven days before trial, and the hearing itself cannot be scheduled sooner than seven days after service is complete.⁹ Actual scheduling varies by county.

At the hearing, the judge or magistrate decides whether the landlord is entitled to regain possession. If the landlord wins, the court orders restitution of the premises and the bailiff or sheriff carries out the removal.

No Self-Help Allowed

Section 5321.15 forbids a landlord from shutting off utilities, changing locks, excluding the tenant from the property, or seizing the tenant’s belongings to collect rent. Every eviction has to go through the courts. A landlord who takes a shortcut is liable for all damages the tenant suffers plus reasonable attorney fees.¹⁰

Retaliation Is Prohibited

Under Section 5321.02, a landlord cannot raise rent, cut services, or threaten eviction because a tenant reported a code violation to a government agency, complained to the landlord about a failure to meet obligations under Section 5321.04, or joined with other tenants to bargain over lease terms.¹¹

A tenant on the receiving end of retaliation can use it as a defense in an eviction, recover possession, terminate the lease, and collect actual damages plus reasonable attorney fees. One carve-out: a landlord can raise rent to recover the cost of improvements or to reflect higher operating costs, even after a complaint, as long as the increase is genuinely tied to those costs.

Rentals That Chapter 5321 Does Not Cover

Several living arrangements fall outside the chapter entirely. If yours is on this list, the duties and remedies above do not apply.¹²

Hotels, motels, and tourist accommodations where the stay is temporary or transient.
Hospitals and nursing homes whose primary purpose is medical care.
Jails, prisons, halfway houses, and residential arrangements tied to community control, post-release control, or parole.
Farm residences rented with at least two acres of agricultural land where at least one occupant works the land.
Elementary and secondary boarding schools that bundle room and board into tuition.
Condominium units occupied by their owners.
Certain emergency shelters and single-room-occupancy facilities operated by 501(c)(3) nonprofits under specific conditions.

Federal Rules That Apply on Top

Three federal statutes sit over Ohio’s chapter and matter in day-to-day renting.

The Fair Housing Act, 42 U.S.C. § 3604, bans refusing to rent, setting different terms, or making a unit unavailable because of race, color, religion, sex, national origin, familial status, or disability. It also bars discriminatory advertising and false “not available” statements. The disability provisions require reasonable accommodations in rules and policies, which is why a no-pets policy generally has to yield to a service animal trained to perform tasks related to a tenant’s disability.¹³ In May 2026, HUD narrowed its enforcement to focus on individually trained animals rather than untrained emotional support animals, though state and local laws may still offer broader protection and private Fair Housing Act lawsuits remain available regardless of HUD’s enforcement stance.

For any residential unit built before 1978, 42 U.S.C. § 4852d requires the landlord to give the tenant the EPA pamphlet “Protect Your Family From Lead In Your Home,” disclose known lead-based paint or hazards, and share any inspection reports.¹⁴ The lease must include a Lead Warning Statement, and the signed disclosures have to be kept for at least three years. Exempt properties include units built after 1977, short-term rentals of 100 days or less with no renewal option, zero-bedroom units where no child under six lives or is expected to live, and senior or disability housing with no young children in residence.¹⁵

The Servicemembers Civil Relief Act, 50 U.S.C. § 3955, lets an active-duty member terminate a residential lease without penalty after entering military service, after receiving orders for a permanent change of station, or after receiving deployment orders for 90 days or more. Termination also ends any lease obligation of a dependent. If the servicemember dies during service, a spouse or dependent has one year to terminate; the same one-year window applies after a catastrophic injury or illness, and a spouse or dependent can terminate on behalf of a member who lacks the mental capacity to act.¹⁶ Any conflicting early-termination fee in the lease is overridden by the federal statute.

Getting the Full Text in PDF

Chapter 5321 (Landlords and Tenants) and Chapter 1923 (Forcible Entry and Detainer) are published in full on the Ohio Legislative Service Commission’s site at codes.ohio.gov. Each section is searchable, updated as the General Assembly amends it, and can be printed or saved as a PDF directly from the browser.¹ For filing or responding to an eviction, local municipal courts post their own forms online, and the county clerk of courts can confirm the right jurisdiction.

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Ohio Legislative Service Commission. Ohio Code 5321 – Landlords And Tenants
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Ohio Legislative Service Commission. Ohio Revised Code 5321.04 – Landlord Obligations
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Ohio Legislative Service Commission. Ohio Revised Code 5321.05 – Tenant Obligations
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Ohio Legislative Service Commission. Ohio Revised Code 5321.16 – Procedures for Security Deposits
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Ohio Legislative Service Commission. Ohio Revised Code 5321.07 – Failure of Landlord to Fulfill Obligations – Remedies of Tenant
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Ohio Legislative Service Commission. Ohio Revised Code 5321.11 – Noncompliance by Tenant
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Ohio Legislative Service Commission. Ohio Revised Code 1923 – Forcible Entry And Detainer
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Ohio Legislative Service Commission. Ohio Revised Code 1923.04 – Notice – Service
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Ohio Legislative Service Commission. Ohio Revised Code 1923.06 – Summons – Service of Process
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Ohio Legislative Service Commission. Ohio Revised Code 5321.15 – Recovery of Possession by Landlord
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Ohio Legislative Service Commission. Ohio Revised Code 5321.02 – Retaliation by Landlord Prohibited
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Ohio Legislative Service Commission. Ohio Revised Code 5321.01 – Definitions
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Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing
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Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
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US EPA. Real Estate Disclosures About Potential Lead Hazards
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Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases