Ohio Statewide Rule
Ohio Habitability and Landlord Repair Duties
Key Facts
- Core duty
- Keep premises fit and habitable (ORC 5321.04(A)(2))
- Code compliance
- Building, housing, health, safety codes
- Utilities
- Running water, reasonable hot water and heat
- Tenant remedy
- Rent escrow with clerk of court (ORC 5321.07)
- Cure period
- Reasonable time, not exceeding 30 days
Summary
Ohio Revised Code 5321.04 requires landlords to meet building and housing codes, keep premises fit and habitable, maintain electrical, plumbing, heating and other systems, and supply running water and reasonable heat. If a landlord fails to repair after written notice, ORC 5321.07 lets the tenant deposit rent with the clerk of court (escrow).
(1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a safe and sanitary condition; (4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by the landlord;
Full Breakdown
ORC 5321.04(A) requires the landlord to comply "with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety"; to "[m]ake all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition"; to keep common areas safe; maintain electrical, plumbing, heating and air-conditioning systems; and supply running water, reasonable hot water, and reasonable heat. When a landlord fails these duties, ORC 5321.07 lets a tenant who is current on rent give written notice and, if the landlord does not remedy within a reasonable time not exceeding 30 days, deposit rent with the clerk of the municipal or county court, ask the court to order repairs or a rent reduction, or terminate the agreement. ORC 5321.07 applies to landlords of more than three units.
Violations & Penalties
A tenant may escrow rent with the clerk of court, obtain a court order for repairs or a rent reduction, or terminate the lease under ORC 5321.07. Local housing-code enforcement may impose separate penalties; ORC 5321.04 sets no fixed fine.
Frequently Asked Questions
Can an Ohio tenant withhold rent for repairs?
What must an Ohio landlord repair?
Sources
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