Keeping residential rental properties safe isn’t just good practice for landlords - it is required by Ohio law. Landlords of residential rentals have a statutory duty to maintain properties in a safe and fit condition that is suitable for habitation. They cannot simply collect rent while ignoring serious safety violations. The Ohio Landlord-Tenant Act sets forth the basic obligations related to the condition of rental properties. Landlords must do all of the following:

• comply with applicable building, housing, health, and safety codes that materially affect health and safety;
• make all repairs necessary to keep the premises in a fit and habitable condition;
• keep common areas safe and sanitary;
• maintain electrical, plumbing, heating, ventilating, and air conditioning systems in good and safe working order (when required to be supplied by the landlord); and
• supply running water, reasonable amounts of hot water, and reasonable heat (unless the dwelling unit is individually metered and the tenant controls those utilities).

When a landlord fails to meet these duties, Ohio law provides tenants with structured remedies. Tenants are not allowed to simply withhold rent from the landlord until repairs are made. Likewise, tenants cannot simply move out of the premises.

The tenant must first give written notice to the landlord specifying the acts, omissions, or code violations that constitute the noncompliance. The tenant must deliver the notice to the person or place where rent is normally paid. After receiving written notice, the landlord must remedy the condition within a reasonable time (30 days or sooner depending on the severity of the issue). 

If the landlord fails to correct the problem within the required time, the tenant may then do one of the following:

1. Deposit rent with the clerk of the municipal or county court instead of paying the landlord directly.

2. Apply to the court for an order directing the landlord to remedy the condition. The court will determine whether the landlord is in violation of the Landlord-Tenant Act, if the condition materially affects health and safety of the tenant, and whether the tenant gave the landlord proper written notice of the condition. Minor repairs, routine maintenance items, and cosmetic conditions do not qualify. If these requirements are met, the court may order repairs, authorize a rent reduction, or permit the tenant to use escrowed rental payments to make the required repairs.  Generally, a court will not order complete rent abatement unless the premises is uninhabitable.

3. Terminate the rental agreement. Please note that a landlord may dispute the grounds for termination in court.

It is important to note that the tenant’s remedies are only available if the tenant is current with all rental payments under the lease. Also, these remedies are not available if the landlord owns three or fewer rental units and has provided notice of that fact to the tenant. 

If you believe your landlord has violated the Landlord-Tenant Act, it is wise to consult with a trusted attorney to make sure all tenant remedies are available.    Laribee Law, LLP is here to assist you.

Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.