Lease Agreements and Responsibilities in Ohio
The lease obligations that tenants owe to their landlords in Ohio may be governed by different statutes that are specific to certain types of lease agreements. The Uniform Residential Landlord-Tenant Act (URLTA) governs most residential properties in Ohio. Residential leases that are not pursuant to URLTA are generally governed by Ohio common law, while commercial leases are typically covered by the Uniform Commercial Code (UCC).
Most leases will be governed by URLTA. This act sets forth specific rules regarding both the obligations of landlords and those of tenants. Tenants must pay rent when it is due, keep the premises uninhabitable, and comply with obligations under the applicable law governing maintenance of the property.
Landlords have their own obligations under URLTA. They must deliver possession of the premises to the tenant , maintain in safe working order all fixtures and other items furnished by the landlord, including plumbing and HVAC systems, and follow the proper procedures for landlord’s access to premises.
While URLTA vacations rights to pursue criminal for holds, it does protect landlords from liability due to criminal acts of third parties, provided the landlord has been given reasonable notice of the criminal activity and the opportunity to take steps to ensure safety at the property. Uniform Commercial Code governs commercial leases. Unlike residential leases, common law is largely applicable to commercial leases in Ohio. Note that the cases interpreting common law and the UCC regarding commercial leases in Ohio are not fully developed, and the lack of uniformity in the cases makes it difficult to predict how an Ohio court will rule in a given case.
Permissible Reasons for Lease Termination in Ohio
In Ohio, there are legally recognized reasons that allow a tenant to break a lease without incurring penalties by violating the contract, or without the necessity of terminating the lease and proceeding with eviction mediation or litigation through the court system, whether through mutual agreement, negotiation, or through a lawsuit in the eventuality that it does not resolve. If you do have to proceed with litigation, the court may elect to determine that you cannot proceed with terminating the lease with a lawsuit based upon the reasons above. In that case, a judge may determine that you must pay rent going forward, but can recover from the landlord for things like the cost of finding a new place and damages if the landlord refuses to mitigate damages by trying to rent the unit out to someone else. Some common reasons for breaking a lease in Ohio include:
- Resident (tenant) is the victim of domestic violence or stalking within the meaning of Ohio Revised Code sections 2919.25(F), 2903.211(C), or 2903.213(B);
- Unit is uninhabitable (noncompliance, unfit for human habitation) according to the tenant’s obligations in the lease or Ohio Residential Landlord and Tenant Act section 5321.04;
- Domestic Violence Protection Order under Ohio Revised Code section 3113.31 is requested;
- Tenant is on active duty or "called to active duty" as defined in 10 USC 841;
- Unit is uninhabitable because of a violation of a health and safety code including by not limited to city, county, and township health codes. A local housing inspector can determine if such violations exist that warrant a rent recapture claim or defense – e.g., illegal walnuts; broken appliances; inadequate utilities; vermin, etc.
- Active military duty as defined by Servicemembers’ Civil Relief Act (SCRA) 50 U.S.C. app. 511;
- Tenant is dead;
- Breach of contract or "constructive eviction" such as inability to use the intended purpose of the unit such as heat or air conditioning, or breach of warranty of habitability under Ohio Revised Code section 5321.04(A)(1);
- Failure to pay rent where landlord is unable to mitigate damages, such as requiring the tenant to pay rent until the unit is re-rented, or landlord refuses to allow the tenant to find replacement tenants (sublease/occupancy/assignee) under Ohio Revised Code 5321.05; important to note that Ohio courts have generally allowed tenant to sublease unit even when prohibited by a lease provision;
- Loss of employment in good faith, not through fault of the tenant, where the tenant has exhausted the benefits of unemployment compensation and cannot pay rent;
- Eviction of tenant by landlord through physical force or constructive eviction resulting in a breach of the lease agreement by the landlord under Ohio Revised Code section 5321.04(A)(2);
- Tenant is an employee or family member of an employee of an employer who is relocating; and
- Tenant is a victim of housing discrimination in violation of Ohio Revised Code section 4112.02.
Ohio Tenant Rights Regarding Lease-Termination
Understanding Ohio tenant rights when breaking a lease can help make the transition from one rental property to another less complicated. The reasons for breaking a lease can vary; however, your rights and responsibilities to the owner rarely change. While several laws apply to all renters in Ohio, additional protections may be available; help from an experienced attorney can clarify rental rights in your particular situation.
Implied Warranty of Habitability A tenant has a warranty of habitability, meaning the property has to be habitable. If there are problems that affect habitability, tenants may have extra rights. Landlords may also have a duty to make repairs. If owners fail to repair problems, the tenants may have a right to break the lease and get out of the property. Habitability is defined reasonably based on what other landlords in Ohio provide. If renters are not protected from cold winter months or other unsafe conditions because landlords do not maintain homes or apartments, they may have extra protection from breaking the lease. Habitability provisions are based on state statutes and judicial decisions that define what must be provided. In cases where landlords fail to maintain rental properties, by not providing heat for example, it is possible that owners will be required to pay back the tenant for extra expenses and rent, if the leases do not contain legally acceptable language that allows landlords to do so.
Additional Protections for Tenants Ohio has provisions for early termination for victims of domestic violence, however, only for rental properties in certain counties. Having a protection order may offer the chance to terminate the lease early. If domestic violence victims are unable to pay rent for a time due to a criminal investigation, they may also be able to break the lease. If they are not able to pay for rent because of court-ordered restitution as part of the criminal investigation, they may also be able to break the lease. If the criminal behavior occurred in the rental unit or parking lot, victims also may have the right to terminate the lease early. In Ohio, active military members may be able to terminate a rental property lease without penalties. The only caveat is that the military member must give notice. Otherwise, if they wish to terminate the lease early, they may have to pay penalties, as delineated in the lease agreement. Some landlords will allow for military leave clauses in their rental agreements to allow for military tenants to avoid penalties for breaking the leases. If there are any questions about Ohio tenant rights when breaking a lease, consult with an experienced attorney. Knowing about additional tenant rights can help protect your tenancy.
Legally Terminating a Lease Agreement
The Process of Legally Breaking a Lease in Ohio
Once a tenant decides he or she wants to break a lease, the next step is to follow Ohio’s process for doing so. Even if a tenant has "just cause" for breaking a lease, failing to fulfill the legal obligations to provide proper notice and file the necessary route of paperwork can not only increase liability to the landlord for breaking the lease, but can also leave the tenant open to serious civil liability for violating the rental lease by erroneously vacating the property.
Notice of Intent to Vacate Lease
Simply because a lease may have "just cause" language does not mean that the tenant is free to simply inform the landlord that the lease is over. While the law generally does not require the tenant to give an explanation for breaking the lease, the tenant must provide written notice of intent to the landlord and abide by the terms of the lease to legally terminate a rental contract . Even if the tenant vacates the property following proper notice, the tenant must still continue payment of rent until a replacement tenant is found.
Documentation
Within the notice of intent to vacate, the Ohio Tenant should include: A better practice would be for the tenant to document the entire process. The written notice of intent to vacate the lease should be made in the same manner as a written lease, with a witness signature on the document and a copy printed onto a document with an affixation in the top right corner so that it can be filed later with the judge. Additionally, the tenant should keep a log of all communications with the landlord in response to the notice of intent to break the lease, any communications in response to finding a replacement tenant, and payments sent or received from the landlord for record-keeping purposes.
The Impact of Breaking a Lease
It is true that a tenant who simply vacates the premises before the end of their lease term may be held liable for unpaid rent and other liabilities. But worse, they may face "double liability" if the landlord is pursuing a new tenant to which they will be comparing the tenant’s obligation to pay damages with.
Put another way, if a tenant just vacates and a landlord is able to find a new tenant without any difficulty, the tenant will only be liable for the difference between what the old lease required and what the new lease actually requires. However, if a tenant says he’s leaving, but drags his feet and is not off the premises for a while, and then the landlord can’t find someone to move into the space, the landlord may seek "double" damages from the tenant, based on the entire cost of keeping the unit available.
How so? In Ohio, the general goal of a Landlord seeking damages is to lessen the blow to a tenant’s bottom line. The landlord is supposed to work to replace the tenant, so long as it doesn’t cost more than keeping the space available. Worse, a defaulting tenant may be liable for attorney’s fees (as awarded by the lease) and costs incurred by a landlord in the course of their action against the defaulting tenant. Even though the tenant may pay those costs to the landlord’s attorney and landlord in full satisfaction of the judgement, that does not mean the default is over, nor the lease is broken. The lease with the defaulting tenant is still intact, and even though the damages have been paid, a landlord may nevertheless seek other remedies for that same conduct – such as eviction and re-entry of the premises. Again, this section is not exhaustive, but highlights some potential pitfalls and costs associated with failing to follow a legal process to break a lease.
Lease Legal Support for Ohio Tenants
Consider contacting a housing law service if you live in Ohio and think that you may have a legal ground to void your lease. Tenants in this state can contact the following organizations for information and advice on how to handle a breach of lease situation:
Housing Opportunities Made Equal (HOME) — This organization serves as the Fair Housing Center for Columbus and Franklin County, the Fair Housing Center for Central Ohio, and the Ohio Housing Discrimination Hotline. You may reach them at (614) 223-6980 or online at www.homehappyhomes.org.
Buckeye Hills-Hocking Valley Joint Planning Commission — This housing and development service is available at (740) 596-2630 and online at www.buckeyehills.org.
The Dayton Bar Association — Homeowners are welcome to call this network of more than 1 , 600 lawyers who serve clients in Western Ohio. Call (937) 222-7902 or visit www.daybar.org.
The Akron Bar Association — This group is available to all residents of the Summit, Medina, Portage, and Stark counties. The association may also refer tenants in other areas of the state to legal services in their county. It is located at (330) 253-5038 or online at www.akronbar.org.
Legal Aid of Greater Cincinnati, Inc. — This free legal assistance service is available to all residents of Southern Ohio by telephone at (513) 241-9400 or (800) 582-2682, or online at www.lascinti.org.
Legal Aid of West Ohio, Inc. — Residents outside of Southwest Ohio can contact this service for housing assistance at 1-888-534-1432 or online at www.laidigital.org.
You may also contact an attorney from the Ohio State Bar Association or a bar association in your area for advice at www.ohiobar.org.