Rental Agreements

In Ohio, every tenant has one...(even if you don't have a lease

Think of three different kinds of rental agreements
  • Month to month (OLLTL calls this "periodic tenancy":  rental agreement may be written or oral and it self renews every 30 days until one of the parties terminates with a 30 day notice. (ORC 5321.17).  DO NOT NEED A REASON TO TERMINATE!
  • Fixed term:  rental agreement begins on a set date and ends on a set date.  Can only be terminated for BREACH OF THE AGREEMENT. 
    • If tenant fails in a duty, landlord may terminate using the 30 day notice process in ORC 5321.11.  Tenant may correct the breach of duty to stop the termination.
    • If landlord fails in a duty, tenant may terminate using the notice in ORC 5321.07 ("reasonable time, not more than 30 days).
Pay attention to the small print!
  • Sometimes a fixed term lease will include language about renewal-don't assume!
There is another way out of a fixed term rental agreement:  mutual recission-both parties agree to rescind the agreement.
  • Assisted housing: are governed by State Law and Federal regulation
    • Public Housing, HUD and USDA housing:  Rental Agreements are written, self renewing month to month agreements that
      •  permit a tenant to terminate with a 30 days notice; but
      • require a landlord to have "good cause" to terminate and
      • permit landlord to change rent if/when tenant income changes as described in regulations
      • permits landlord to create or modify house rules with a 60 day notice procedure as defined in regulation
    • Low Income Housing Tax Credits: 
      • Landlord may use a conventional fixed term lease but must include a lease addendum with programmatic requirements
      • Landlord must have good cause to refuse to renew a rental agreement in Tax Credit housing.
    • Housing Choice Vouchers:
      • Landlord may offer a one year fixed term rental agreement for the first year of occupancy, then MAY renew as month to month
      • rental agreement must include lease addendum with prorgrammatic requirements, but landlord is not required to have "good cause" for non renewal.



 Terms barred in a rental agreement

What is "unconscionable"



Notes & Links


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