Ohio Month-to-Month Rental Agreement
An Ohio month-to-month lease agreement is a flexible, short-term arrangement that automatically renews every month. Tenants under this type of agreement are referred to as “tenants-at-will.” While this type of lease agreement provides more flexibility, it still requires state-mandated disclosures.
Landlords and tenants can terminate the agreement with proper notice, making it a more adaptable choice than traditional, long-term leases. We’ll cover everything you need to know here.
Consider utilizing our Ohio lease agreement template if you seek a longer term.
Ohio Month-to-Month Lease Agreement
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Ohio Month-to-Month Lease Laws
Here’s a breakdown of key Ohio month-to-month lease laws as defined by Ohio landlord-tenant law. We’ll touch on each topic here before diving deeper:
- Disclosures: Landlords must provide tenants with essential information about the property and their rights.
- Notice to terminate: In Ohio, landlords and tenants generally need to provide 30 days’ written notice to terminate a month-to-month lease.
- Rent increases: Landlords can typically increase rent with proper notice (usually 30 days), but some limitations exist.
- Eviction: Landlords must follow eviction procedures correctly and cannot evict tenants without just cause.
- Security deposit laws: Ohio has specific laws governing security deposits, including how they can be used and returned and when landlords may need to pay tenants interest.
- Pet deposits and rent limitations: Laws may limit the amount landlords can charge for pet deposits and restrict how much they can increase rent based on pet ownership.
- Late fees: Landlords can charge “reasonable” late fees as long as the lease agreement outlines them.
Required Landlord Disclosures (2)
- Name/address of the property owner: All lease agreements, including oral agreements, must include the name and address of the property owner and the owner’s agent (if applicable). The landlord must provide this information to the tenant in writing. Failure to provide it may waive specific notice requirements for the tenant (5321.18).
- Lead-based paint disclosure: Ohio landlords are subject to federal guidelines regarding lead-based paint and hazards in properties built before 1978. These guidelines require landlords to provide tenants with a lead-based paint and hazard disclosure form and an EPA pamphlet when renting out such properties.
Required Notice to Terminate Month-to-Month Agreement
In Ohio, both landlords and tenants generally need to provide 30 days’ written notice to terminate a month-to-month lease agreement (5321.17).
Rent Increase Laws
There are no rent control laws in Ohio, so landlords are allowed to raise rent as they see fit. However, they must give at least 30 days’ notice on a month-to-month lease that rent is increasing.
Rent Payment Laws
Grace period: Ohio law does not mandate a grace period for rent payments. Landlords may, however, include one in the lease agreement. If no grace period is specified and the tenant doesn’t pay rent by the due date, landlords can issue a 3-day notice to quit (1923.04A).
Late rent fees: Ohio law does not have specific regulations regarding late rent fees, but landlords may include a late fee schedule in their lease agreements. However, these fees must be reasonable to avoid being considered unconscionable under Ohio law (5321.14).
Tenant’s right to withhold rent: If a landlord fails to correct violations of their obligations within 30 days of receiving written notice from the tenant, the tenant may file to deposit rent with the municipal or county court clerk (5321.04). As part of this action, tenants can also apply to reduce their rent or have the rent used to correct the landlord’s violations (5321.07.A-B).
Pet rent laws: Ohio law does not have specific statewide regulations on pet rent.
Security Deposit Rules
Maximum security deposit: Ohio law doesn’t cap security deposits. Landlords can collect whatever amount they deem appropriate as a security deposit.
Security deposit receipt: Ohio state law does not require landlords to provide a security deposit receipt. However, some municipalities may require them to do so once a tenant requests it.
Interest: Landlords must pay interest on a tenant’s security deposit after six months of tenancy if the deposit exceeds $50 or one month’s rent, whichever amount is greater. The interest rate is 5% per annum, calculated and paid annually (5321.16A).
Deduction tracking: Landlords must provide tenants with an itemized list of any deductions from the security deposit within 30 days of lease termination (5321.16B).
Returning a tenant’s security deposit: Security deposits must be returned in full, minus any properly documented deductions, within 30 days of lease termination (5321.16B).
Pet deposit rules: Ohio does not have specific statewide laws limiting pet deposit amounts.
Property Access Regulations
Advance notice: Landlords must give tenants at least 24 hours’ written notice before entering the property, and entries should only occur at reasonable times (5321.04.A8).
Immediate access: In Ohio, landlords can only enter a property immediately in emergencies or when providing advance notice to the tenant is not feasible (5321.04.A8).
Landlord harassment: Ohio law considers certain landlord actions as harassment, including:
- Entries without proper 24-hour notice (except in emergencies or when notice is impractical).
- Legal entries conducted unreasonably.
- Repeated demands for entry that, while legally permissible, constitute harassment. Tenants may have recourse in such cases, including suing for damages, obtaining a court order to prevent further harassment, or terminating the lease (5321.04.B).
Rental Agreement Violations
Missed rent payment: In Ohio, if a tenant misses a rent payment, the landlord can issue a 3-day notice to quit (eviction notice). If the tenant does not vacate the property within three days, the landlord may file an eviction lawsuit (1923.04A).
Lease violation: Any lease violation may warrant a 3-day notice to quit (eviction notice) from the landlord. These notices can be served via Certified Mail, direct delivery, or posting at the residence (1923.04A).
Ohio law mandates that all eviction notices include the following statement: ‘You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.’
Self-help evictions: Ohio law prohibits self-help evictions, which include actions such as shutting off utilities, changing locks, or threatening the tenant (5321.15).
Lease abandonment: Ohio law does not explicitly define the legal process for lease abandonment. However, landlords may be able to pursue legal remedies to recover damages from tenants who abandon their leases (5321.12).
Ohio Month-to-Month Lease Agreement FAQs
What is an Ohio month-to-month lease agreement?
A month-to-month lease agreement is a rental contract that automatically renews each month. It has no fixed end date and can be terminated by either party with proper notice.
What’s the difference between a lease and a month-to-month agreement?
A standard lease has a fixed term (e.g., 12 months), while a month-to-month lease has no set end date and can be terminated or renewed each month.
How to end an Ohio month-to-month lease agreement?
To end a month-to-month lease, either party must provide written notice, typically 30 days in advance, as required by Ohio law or the lease terms.
