A Tenant’s Handbook: Your Rights and Duties as a Tenant


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Introduction

The purpose of this online handbook is to make you aware of your rights and responsibilities as a tenant. The better informed you are, the less likely someone will take advantage of you. However, simply knowing your rights may not be enough. You also need to know how to enforce them. Also, keep in mind that with legal rights come legal obligations. Make sure you know your responsibilities. Knowledge is power. Know your rights.

The information in this handbook is not a substitute for legal advice and is for educational purposes only. Most of Ohio Landlord-Tenant law can be found in Chapter 5321 of the Ohio Revised Code.

IF YOU HAVE ANY QUESTIONS that are not answered by this online handbook, you might want to talk to someone who can give you more information. Contact someone listed under the “Who Can Help” section or call The Center for Student Legal Services at (740) 594-8093.

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Moving In

Many tenants never sign a lease. If you don�t, you have some but not all of the same rights as tenants with a written lease. If you do not have a lease, make sure the landlord gives you his name and address. Try to get his phone number and email too. Make sure you know when and where the rent is to be paid. Make sure you know which utilities you pay and which the landlord pays. If utilities are to be shared with other tenants, make sure you know the portion you are to pay. Other things you should discuss with your landlord include who is responsible for garbage removal, snow removal and grass cutting. Put it in writing.

If you see things in the apartment that need to be repaired right away, it is a good idea not to move in until the repairs are made. If you cannot wait, but the landlord promises to make the repairs, write your own list of repairs that are needed and give it to the landlord. Always keep a copy of any papers you give the landlord.

Be careful if the landlord promises to pay you or to reduce your rent if you make repairs. Make sure that the amount to be paid or reduced from your rent is in writing. Anything that is written will protect you because it is difficult for the landlord to deny something that is in black and white.

Oral agreements are not recommended. If oral agreements are made, try to have a witness who could testify later as to what was said. It is best if the witness is not a relative or close friend, but someone neutral like a neighbor or a member of a tenant�s union. If you have a lease, this is what every lease should contain:

  • A property description or address
  • Names of the landlord and tenant
  • Landlord�s address
  • Duration of the lease
  • Due date for rent
  • Amount of rent and any �late charges� associated with late payments of rent
  • Responsibilities for maintenance of the rental unit
  • Notice requirements to terminate a lease
  • Landlord�s rules and regulations
  • Tenant�s rights and responsibilities

After you have read your lease, clause by clause, and you feel that you are clear about the provisions, tell your landlord about any changes you think are needed. Things to watch for:

  • Sublease provisions (your right to assign the lease)
  • Length of lease
  • Maintenance responsibilities
  • Rules and regulations
  • Security deposit
  • Whether utilities are included in rent payments
  • Use of laundry and recreational facilities

While the majority of landlords are fair, there may be some who will take unfair advantage of a renter. Consequently, some leases may contain provisions which are generally forbidden by law. The following are some examples:

  1. A provision which forces you to agree to accept the blame in any future dispute with your landlord. Such a clause will usually say that you will pay your landlord�s legal fees in any court action taken against you.
  2. A provision permitting the landlord to take unfair advantage of you, such as requesting and failing to return �security deposits� or �prepaid rent� under false pretenses or unproven evidence.
  3. A provision permitting the landlord to take possession of your personal property for non-payment of rent.
  4. A provision freeing the landlord from responsibility for negligence in causing you or your guests injury.
  5. A provision permitting retaliation against you by eviction, shutting off any utilities including water and heat, or padlocking doors for such things as complaints to proper authorities about housing code violations, trying to organize tenant unions, and making �Do-It-Yourself� repairs.
  6. A provision permitting the landlord to force you to continue to pay rent for a dwelling gutted by fire, tornado, or disaster.
    Remember: Just because one clause of the lease is void because it is illegal, that doesn�t mean the whole lease is void.

NOTE: Even though these unlawful clauses may not be binding, you may be forced to go to court to pursue
your rights. It is much better to try to remove illegal clauses before signing the lease, A landlord who offers a lease containing illegal clauses and refuses to change them when asked may not be the type of landlord from whom you wish to rent.

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What the Law Says a Landlord Must Do

Whether or not a tenant has a lease and in whatever kind of housing being rented, the landlord has a number of obligations the law says must be performed, even if the lease says otherwise.

The landlord must:

  • Supply the tenant in writing with the landlord�s name and address.
  • Make the house or apartment comply with all building, housing, and health codes which significantly affect health and safety.
  • Make all repairs necessary to make the house or apartment livable.
  • Supply adequate hot water and heat at all times. (tenant may have to pay for utilities)
  • Keep hallways and stairways safe and sanitary.
  • Provide garbage cans (for four or more units in the same building)
  • Give tenant at least 24 hours notice before entering the apartment. A landlord cannot walk in for any reason without proper notice. Except for an emergency, a tenant may refuse to admit the landlord if proper notice has not been given.

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What the Law Says a Landlord Cannot Do

There are several things that landlords are prohibited by law from doing:

  • A landlord cannot do anything to prevent a tenant from exercising their rights. The landlord may not increase rent, decrease services, bring, or even threaten to bring an eviction because a tenant participated in a tenants� union.
  • A landlord is not permitted to shut off any utilities, change the locks on an apartment or threaten a tenant with any of these acts in order to make the person move out of the premises.
  • A landlord cannot harass a tenant by repeatedly demanding to enter an apartment or by entering at unreasonable times of the day.
  • A landlord is not permitted to remove any property belonging to a tenant from a dwelling without a proper court order.

Even if a tenant is behind in paying rent, a landlord has no right to do any of the things listed in this section. If the landlord does anyway, the tenant should consult an attorney. (See the Introduction Section)

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What the Law Says the Tenant Must Do

To your landlord, the most important thing about you as a tenant is that you pay rent on time. If you do not have a lease, your landlord can raise your rent by any amount he wants, if you are notified at least 30 days in advance of the next time rent is due. For example, assume your rent is due on the first of each month. If on May 15th you receive notice that your rent will be raised from $120 to $150, that is less than 30 days before June 1st, so the rent should not go up until July 1st. If you are required to make weekly payments, the notice is 7 days, not 30.

It is a mistake to pay in cash, but if you do, make sure you get a dated receipt each time you pay. Do not agree to have a receipt sent to you by mail. If you pay by check or money order, keep your cancelled check or your copy of the money order which will prove you paid the rent.
Besides paying your rent on time, you have other legal obligations as a tenant. In general, you must avoid damaging the apartment.

Specifically you must:

  • Keep your apartment or house safe and sanitary
  • Dispose of trash and garbage in a sanitary manner
  • Keep all appliances that the landlord provides in good working order
  • Keep the electrical and plumbing fixtures clean and use them properly
  • Not damage the apartment or permit your guests or visitors to do so
  • Do not disturb other tenants
  • Except with good reason, permit your landlord to enter your apartment if they give you at least 24 hours notice
  • Make certain that you, your family or guests do not violate Ohio�s drug laws

You are responsible to your landlord for any damage you cause. Your landlord can take the money out of your security deposit when you move out and sue you for additional damages. However, you are not responsible for normal wear and tear (for example, walls that routinely need to be repainted, or plumbing fixtures that break down because of long use).

Your landlord can ask a judge to evict you if you do not perform your obligations. To evict you for violation of one of those obligations, you must receive written notice of the violation. If you do not remedy the condition within 30 days, your landlord can begin an eviction action in court.

If you make repairs to the apartment, your landlord will not be required to pay you for the work you did except according to a written agreement or if you can convince the Court that he made a promise to pay you.

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What a Tenant Can Do About Problems with a House or Apartment

If a landlord does not comply with legal obligations, a tenant has the right to give notice of the problem and ask that it be corrected.
Tenants have the right to form a tenant�s union. This way they can all work together to help solve problems. They can give the landlord notice of repairs that are needed in their building, and if necessary, they can escrow rent. Also, a tenant has the right to notify the building, housing or health department of any violations of any city, county, state or federal codes. A tenant has the right to request an inspection of his or her house or apartment. (Athens Housing Code: 592-3306)

Tenants should make sure they have proof of the needed repairs so they will be able to convince a judge or jury. Pictures should be taken, and a witness should inspect the apartment (witnesses should not be related to or be close friends of the tenant). An inspection report can be used to prove violations of the landlord�s obligations. If you have been inconvenienced or have suffered because of a landlord�s failure to maintain the premises, you have the right to sue for damages.

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Depositing Rent (Escrow)

As a tenant, the only time you do not have to pay rent to your landlord is when you pay it into escrow with the court. Before you escrow rent, make sure you do everything described in this section. Otherwise, your landlord probably will be able to win against you in court.

If you believe your landlord has violated any obligations (see section entitled “What the Law Says a Landlord Must Do”), for example, by failing to make necessary repairs, you must give a written dated notice of the violations. The notice should be specific and say exactly what the landlord has done or has not done that violates these obligations. Keep a copy of this notice.

If you are afraid your landlord will deny receiving the notice, you should send it by certified mail, return receipt requested, or deliver it in person with a witness present.

If the problem is one that significantly affects your health and safety and has not been corrected, you are permitted to pay your rent to Court. Normally, you must wait the full 30 days before you pay rent to the Court. (For very urgent problems, such as no heat in the winter, you need wait only a �reasonable time� before you pay rent to Court).

If your rent comes due before the 30 days have expired, pay your landlord. You must be current with all of your rent if you want to escrow rent.
The next date the rent is due after the 30 days have expired, you may pay your rent to the Clerk of the Municipal Court. Pay the whole amount that is due on or before the day the rent is normally due to your landlord. You can continue to pay your rent to the Court until the landlord�s violation is corrected.

Your other remedies�
If the problem is not corrected after you pay your rent to Court, you also can ask a Court to reduce your rent until repairs are made or to order the landlord to make the repairs. These are extreme remedies that the Court will not give very often. Do not ask a Court for these remedies until you have talked with an attorney.

You also have the right to cancel your lease if your landlord has not made repairs, but only if you have followed all of the steps in this section, especially if you have given your landlord the chance to remedy the problem and he has not done so, and if the problems significantly affect your health and safety.

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Moving Out: When the Tenant Wants To

If you have a lease, you have an agreement to stay in your house or apartment until the lease expires. If you leave before the end of the lease, you may have to pay the landlord some or all of the rent due for the months you are not living there.

You will not have to pay any rent for periods after you have moved out if:

  • The landlord agrees to let you sublet your apartment and the person who takes over the apartment pays the rent on time. (If the new tenant does not pay, your landlord can sue you.)
  • The reason you�re moving is because the landlord has broken an obligation; you gave 30 days notice to correct the problem and it was not corrected.
  • You work out an agreement with the landlord. Make sure the agreement is in writing.

When your lease ends, you cannot always just walk out. Read your lease; it might require you to give 30 or more days notice to your landlord before you leave., even if the time period is up. (Carriage Hill apartments uses this often to keel security deposits.) If you want to stay, your landlord may want you to sign a new lease. If instead of signing a new lease, you want to become a month-to-month (or week-to-week) tenant, you will have to give the same notice as a tenant who never had a lease.

If you do not have a lease, all you have to do is give your landlord advance notice. If you pay your rent once a month, the notice must be 30 days before the next time your rent is due; if you pay once a week, the notice can be only 7 days. If you leave without giving the full notice, the landlord will be able to keep part of your security deposit as rent for the last month or part of the month.
Be sure to read the section on Security Deposits before your move.

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Moving Out: When the Landlord Wants You To

If there is no lease involved, a landlord can end a rental agreement by simply giving a tenant 30 days notice to vacate if the tenant pays rent monthly (or seven days notice if tenant pays weekly). If there is a lease, the tenant can stay until the lease expires, unless the landlord claims there has been a violation of the lease or one of tenant�s obligations. At the end of the lease, providing there have been no violations, a tenant can stay on unless the landlord gives 30 days notice to move.

A. When a Landlord Can Evict With or Without a Lease

  • If the tenant does not pay rent when it is due
  • If the tenant stays in the apartment after the lease has expired, without paying rent.
  • If the landlord gives a 30 Day Notice to Vacate and tenant stays in the apartment past the deadline
  • If the landlord gave the tenant a notice to correct a condition in the apartment (see Section 4) and the tenant does not correct the problem within 30 days
  • If the tenant violates a reasonable and fair term of their lease
  • If the landlord has reasonable cause to believe that a tenant, family member or guests violated Ohio�s drug laws

B. What a Landlord Must Do to Legally Evict a Tenant

  • First, a landlord must give the tenant a �Notice to Leave the Premises�. This will tell the tenant to move out, usually in 3 days, or else an eviction action may be started. The tenant does not have to move out in 3 days.

If you agree with the reason the landlord states for wanting you to leave (Part C below), you should begin looking for a new apartment.

If you disagree with the landlord�s reasons, you should consult with one of the people listed in Section 10 as soon as possible.

  • Anytime later than 3 days after the tenant gets the notice, the landlord can go to Court and begin an eviction lawsuit. A hearing will be scheduled in no more than two weeks, often less. The court hearing may be scheduled as soon as five days after the tenant receives the summons.

The tenant will receive from the Court a copy of a �Summons In Action For Forcible Entry and Detainer�, and a �Statement of Claim�, which will give the reasons for the eviction. The summons will also state the date, time and place of the hearing.

  • At the hearing, the tenant and the landlord will both be able to present their case to the court. If the court agrees with the landlord that there is a legal reason to evict, an order of eviction will be issued.
  • If the landlord wins the lawsuit, the tenant will have to move. Usually the tenant will get 10 days to move but this is not a guarantee. The tenant should ask the court for the full 10 days. If the tenant needs more than 10 days to find a new place, he can ask the referee for more time, but usually only the landlord can decide to give the tenant more time.
  • If the tenant is not out within the allowed time, a court bailiff can legally move the tenants and his or her property into the street.

C. What You as a Tenant Should Do

  • If you agree with everything in the landlord�s �Statement of Claim� you should prepare to move within two or at the most three weeks, unless you can get the landlord to agree to let you stay. Get an agreement in writing. Otherwise, the landlord can take your offer of rent that is owed and still pursue an eviction.
  • If you agree with the �Statement of Claim�, but you think the landlord has violated some obligations, you might be able to prevent the eviction. You have the right to bring a counterclaim for damages the landlord has done. If you think you have a counterclaim, you should immediately consult with someone listed in the “Who Can Help?” section.
  • If you disagree with the �Statement of Claim�, you should immediately consult an attorney. There are many possible defenses to an eviction, including:
    1. You offered your rent, but it was refused
    2. You paid part of the rent that was due and the landlord accepted it
    3. You paid this month�s rent, although you still owe for a previous month
    4. Your landlord is trying to evict you because you exercised one of your rights or complained about the conditions of the place
    5. Your landlord did not give you the required �Notice to Leave the Premises�. Not having the money to pay rent is not a legal defense.

Sometimes in an eviction lawsuit, a landlord will ask the court to order that you pay rent that the landlord says you owe. Read the �Statement of Claim� and any attached papers carefully. If the landlord is asking the court to order you to pay in addition to making you move out, you must submit and answer to the court. Someone listed in the “Who Can Help?” section can help you prepare a legal response to the lawsuit. You have a right to a jury trial in eviction cases.

D. If You Are Evicted

If you do not go to court, or if you go to court and lose your case, you will have to move out of your apartment usually within ten days. If you do not move, the landlord could have a court bailiff move you and your property onto the street where it might be stolen or damaged.

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Damages to Tenant�s Property & Landlord Negligence

Usually, in order for a landlord to be liable to you for damage for your property, you must not have caused the problem and the landlord must have known of the problem before the damage happened.

Example: the roof leaks and water damages a tenant�s computer. If the landlord knew about the problem he might have to replace the computer. Since it is sometimes difficult to prove that the landlord knew in advance that there was a problem, we recommend that all tenants purchase renter�s insurance to protect your property. Keep in mind that if you complain about a condition, do so IN WRITING, AND KEEP A COPY OF YOUR LETTER TO THE LANDLORD.

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Illegal Leases

While merely having an unenforceable clause in the lease normally does not render the lease void, if it can be shown that the essence of the lease is against public policy, the entire lease may be void. Example: if a landlord knowingly rents to more people than are permitted to occupy the premises under the zoning law. In Athens, unless the rental was �grandfathered in�, most often in residential zones only 3 non related persons are permitted to reside in a residence. Call Athens Code Enforcement at 592-3306 to find out your situation. You should talk to an attorney to determine what to do if your lease is void.

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Security Deposits

A landlord is permitted to request a security deposit of any size. If the landlord keeps the deposit for at least six months, you must be paid interest on any part of the deposit which exceeds one month�s rent. The deposit may be kept by the landlord when you move out for any unpaid rent or for damages done to the apartment.

Even before you move in, you can prepare to get your security deposit back. Inspect the apartment with someone who can be your witness and, if possible, with your landlord too. Make a written list of the defects, give a copy to your landlord and ask for a written statement that they will be corrected. Take pictures or video tape of the apartment. Keep your copies safe.

When you move out, the apartment should be clean; remove all property, clean ovens and refrigerators, and leave the apartment in the condition a new tenant could be expected to move into it. Normal wear and tear (for example, peeling paint, or plumbing or appliances that break down from regular use), is not the tenant�s responsibility. Anything damaged by the tenant or misused is the tenant�s responsibility.

Upon moving out, you should go through the apartment again with a witness (if possible, with same one as before) and, if possible, with the landlord. Make another list of damages. Take pictures or video tape again.

You should return the keys to the landlord and give him a new forwarding address in writing and keep a copy. Within 30 days, the landlord is required to return the deposit or send a written statement explaining in detail why the deposit (or any part of it) is not returned.

As a tenant you have the right to sue your landlord for the return of the security deposit.

If you are not satisfied with the amount the landlord returns, you have the right to sue in small claims court. But remember, if any rent was due when you moved, the landlord has the right to deduct that amount from the deposit.

You should not need an attorney to sue your landlord in small claims court, but you might want to talk to someone listed in the “Who Can Help?” section before you go to court. (www.studentlegalrights.org/smallclaims.pdf)

The amount of money in your small claims suit depends on how much you think was improperly kept by the landlord. If you don�t get the written accounting and/or refund check within the 30 days, you may have the right to collect the double the refund that you were entitled to. To win the case, you will need evidence to convince the Small Claims Court Referee. You should be prepared with:

  • A receipt showing the deposit was paid
  • Receipts for all your rent payments to show no rent was owed
  • A copy of your written notice to your landlord with your new address
  • Witnesses to testify and pictures to show of the apartment at the time you moved in and at the time you moved out

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Who Can Help?

A. Lawyers

You usually will not need a lawyer unless you go to Court. A lawyer or the other agencies listed here can give you advice about your rights.
If you do not have a lawyer, you can call The Center for Student Legal Services at (740) 594-8093.

B. Code Enforcement or Health Department

As a tenant, you can call the Athens City Code Enforcement Office, located at 28 Curran Street, Athens, Ohio at (740) 592-3306 if you live within the city of Athens. If you reside outside the city limits, you can call the Athens County Health Department located at 278 West Union Street, Athens, Ohio at (740) 592-4431 to inspect your apartment whenever you think repairs should be made. An inspection report could be good evidence to present in court. You could have even better evidence if the inspector comes to court with you.

C. Tenant Unions
If your apartment does not have a tenant�s union, there may be one for the city you live in, for example, the Federation of Athens County Tenants.

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A Note on Public Housing Programs

Tenants who live at any Metropolitan Housing Authority projects, who rent through the Section 8 program, or who live in other government subsidized housing have all the same rights as other tenants and additional rights, too. In all of the programs, the landlord may not evict a tenant unless he has good cause. That means a landlord may not simply give you 30 days to move. There must be a strong reason.

Tenants in public housing who rent directly from the Housing Authority also have a grievance procedure that permits them to challenge actions by the Housing Authority. Grievances can be filed about any problem: bad maintenance, improper charges for damages that were not your fault, even to challenge an attempt to evict you.

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A Note on Fair Housing

The law says you can not be denied housing by a landlord on the basis of race, creed, color, religion, sex, disability, presence of children in the family, or national origin. To help you recognize efforts to deny you housing opportunities, you should watch for the following:

  • You are told the unit you wish to rent is not available when it really is
  • You are told that no children are allowed in the building
  • You are offered different rental terms or conditions than someone else
  • You are being directed to rent in a particular neighborhood in order to keep people of your particular race, color, religion, sex, disability, children in your family, or national origin from obtaining a unit in certain neighborhoods or facilities
  • If you believe you have experienced discrimination, call The Center for Student Legal Services. They can refer you to a local fair housing agency or the Ohio Civil Rights Commission

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