Ohio Lease Agreement: ORC 5321 Rules, Deposit Account, 30-Day Return (2026)
Ohio's Landlord-Tenant Act, enacted in 1974 and codified at Ohio Revised Code Chapter 5321, is a comprehensive but compact residential code. It covers the implied warranty of habitability, security deposit handling, notice periods, and tenant remedies, all in roughly 25 sections. Ohio is more landlord-protective than California or New York but more tenant-protective than Texas, sitting in the middle of the U.S. spectrum. The Act has been amended several times, most recently to clarify deposit interest and the repair-and-deduct procedure.
Updated 18 May 2026
General legal information, not legal advice. Ohio Revised Code Chapter 5321 governs residential tenancies. Ohio courts apply Chapter 5321 strictly, particularly the 30-day deposit return rule and the implied warranty of habitability. Verify any rule on your situation with an Ohio-licensed attorney.
The structure of Ohio Revised Code Chapter 5321
Chapter 5321 was modelled on the Uniform Residential Landlord and Tenant Act and shares structural similarities with the codes in Florida, Oregon, and Arizona. The Act applies to most residential tenancies in dwelling units, with limited exceptions for owner-occupied buildings of three or fewer units, transient lodging, hospital and nursing-home residency, and certain agricultural housing. For covered tenancies, Chapter 5321 establishes both landlord and tenant duties and provides remedies for breach by either party.
The landlord's duties under ORC 5321.04 include complying with applicable building, housing, health, and safety codes; making all repairs necessary to keep the premises fit and habitable; keeping common areas clean and safe; maintaining electrical, plumbing, sanitary, heating, ventilating, and air-conditioning fixtures and appliances; providing rubbish containers; supplying running water and hot water; and giving the tenant reasonable notice (at least 24 hours) before entering except in emergencies. Failure to comply triggers the tenant's remedies under ORC 5321.07.
The tenant's duties under ORC 5321.05 mirror common-law obligations: keep the premises safe and sanitary, dispose of rubbish properly, use facilities reasonably, comply with applicable housing codes, refrain from damage, and conduct oneself so as not to disturb neighbours. Tenant breach gives the landlord access to remedies under ORC 5321.11 and the eviction procedures of ORC Chapter 1923.
The implied warranty of habitability under Chapter 5321 cannot be waived in the lease. Any provision purporting to waive the warranty is void under ORC 5321.06. Similarly, lease provisions that require the tenant to indemnify the landlord against the landlord's own negligence are void, as are provisions waiving the tenant's right to a jury trial or to recover statutory damages.
Security deposits under ORC 5321.16
Ohio sets no statutory cap on the deposit amount, leaving the choice to the market. Most Ohio landlords charge between one and two months of rent. The handling rules sit in ORC 5321.16 and are surprisingly protective of tenants relative to neighbouring permissive states.
ORC 5321.16(A) requires the landlord to pay 5 percent annual interest on the portion of the deposit exceeding 50 dollars, on tenancies exceeding 6 months. The 5 percent rate is a fixed statutory rate that does not vary with market interest rates. In a 2026 environment of higher market rates, the 5 percent statutory rate is actually below money-market rates; in a low-rate environment, it can exceed market rates. Either way, the rate is set by statute, and the landlord must pay annually by cash or rent credit. The interest accrues from the date the deposit is received.
ORC 5321.16(B) requires return of the deposit, with an itemised list of deductions, within 30 days after the tenant vacates and provides a forwarding address in writing. The 30-day clock runs from the later of the surrender date or the date the tenant provides the forwarding address. A landlord who never receives the forwarding address technically has no deadline, but Ohio courts have held that landlords cannot deliberately frustrate the tenant's ability to provide the address (for example, by refusing to accept mail or by hiding contact information).
ORC 5321.16(C) is the penalty provision. A landlord who wrongfully withholds the deposit is liable for double the amount wrongfully withheld, plus the tenant's reasonable attorney fees. The doubling is automatic on a finding of wrongful withholding; bad faith is not required (compare with Texas, which requires bad faith for the three-times penalty). Ohio small-claims courts apply the doubling routinely; a landlord who is late on a 1,500 dollar deposit faces a 3,000 dollar judgment plus the tenant's attorney fees.
Permitted deductions include unpaid rent, damages caused by the tenant beyond normal wear and tear, and other charges identified in the lease. Ohio case law treats normal wear and tear as deterioration from ordinary use without negligence or abuse. Routine carpet wear after a tenancy of two or more years is not deductible. Repainting after a long tenancy is generally not deductible unless the tenant left walls damaged beyond what fresh paint can address.
Notice periods, entry, and termination under ORC 5321.17
ORC 5321.17 governs termination of periodic tenancies. For month-to-month tenancies, either party may terminate by giving 30 days written notice. For week-to-week tenancies, 7 days notice. The notice must be given before the date of termination and must end the tenancy at the close of a rental period. ORC 5321.17 is the second-most-cited section in Ohio landlord-tenant law (after 5321.16) and is the source of the GSC query "orc 5321.17" that this site sees impressions on; the term refers specifically to the 30-day notice rule.
Landlord entry is governed by ORC 5321.04(A)(8), which requires the landlord to give the tenant reasonable notice (at least 24 hours) before entering the premises except in cases of emergency or other circumstances reasonably necessary to protect the property. Entry must be at reasonable times and only for repairs, services, inspections, or showings. Repeated unannounced entries can support a claim for breach of quiet enjoyment.
Termination for breach by the tenant follows the procedure in ORC 5321.11 and ORC Chapter 1923 (forcible entry and detainer). For non-payment, the landlord must serve a 3-day notice to vacate under ORC 1923.04. For other lease violations, the notice period is set by the lease or by 30 days notice if the lease is silent. After the notice expires, the landlord files an eviction complaint in the municipal or county court. Ohio eviction timelines run typically 25 to 50 days from notice to writ execution, similar to Indiana and Kentucky.
The repair-and-deduct procedure under ORC 5321.07
Ohio's repair-and-deduct remedy is more procedurally constrained than the analogous California or Chicago RLTO remedies. ORC 5321.07 requires the tenant to give the landlord 30 days written notice of the habitability defect. If the landlord fails to cure within a reasonable time, the tenant has three options: deposit subsequent rent into court (a procedure called "rent escrow" under ORC 5321.07(B)), seek a court order requiring repairs, or terminate the lease.
The rent-escrow procedure is the most commonly used option. The tenant files an application with the municipal or county court in the jurisdiction where the property sits. The court then holds the rent payments pending resolution of the habitability dispute. If the court finds for the tenant, the rent may be reduced, used for repairs, or returned to the tenant. If the court finds for the landlord, the rent is released to the landlord. The procedure is more cumbersome than direct self-help, but it gives both parties a neutral forum and protects the tenant from retaliatory eviction.
ORC 5321.02 prohibits retaliation. A landlord may not retaliate by raising rent, decreasing services, increasing the tenant's obligations, or commencing eviction because the tenant complained to a government agency, organised a tenant union, or invoked the rent-escrow procedure. A rebuttable presumption of retaliation arises for adverse landlord action within a reasonable time after protected tenant conduct.
Sample Ohio-specific clauses
Security deposit clause with ORC 5321.16 interest
Notice of landlord identification (ORC 5321.18)
Month-to-month termination clause (ORC 5321.17)
How Ohio sits
Ohio sits in the middle of the U.S. spectrum. More protective than Texas or Georgia (deposit interest, repair-and-deduct, statutory doubling for wrongful withholding) but less protective than California or New York (no deposit cap, no rent control, no broad just-cause requirement). The deposit-interest rule (5 percent on amounts over 50 dollars) is a Midwest oddity shared with limited other states. Compare with the Pennsylvania page (similar mid-band positioning), the Florida page (similar permissive structure with different disclosure load), and the state hub.
Frequently Asked Questions
Does Ohio cap the security deposit?
No. Ohio Revised Code Chapter 5321 does not set a statutory maximum for residential security deposits. Landlords are free to charge any amount the market will bear. Most Ohio landlords charge between one and two months of rent.
When must an Ohio landlord return the deposit?
ORC 5321.16(B) requires the landlord to return the deposit, less itemised deductions, within 30 days after the tenant vacates and provides a forwarding address in writing. The 30-day clock starts on the later of the surrender date or the date the forwarding address is provided. Failure to return within 30 days exposes the landlord to damages of double the wrongfully withheld amount plus reasonable attorney fees under ORC 5321.16(C).
Does Ohio require interest on security deposits?
Yes, for deposits over $50 held for tenancies exceeding 6 months. ORC 5321.16(A) requires the landlord to pay 5 percent annual interest on the portion of the deposit exceeding $50, on tenancies longer than 6 months. The 5 percent rate is statutory and does not vary with market rates. Interest must be paid annually, by cash or credit against rent.
How much notice ends an Ohio month-to-month tenancy?
ORC 5321.17(B) requires 30 days written notice for month-to-month tenancies from either party. The notice must be given before the date of termination and must end the tenancy at the close of a rental period. For week-to-week tenancies, 7 days notice is required under ORC 5321.17(A).
What disclosures are required in an Ohio lease?
Federal lead-based paint disclosure for pre-1978 units. Ohio does not have a comparable set of state-specific disclosure requirements to California or Florida. The principal Ohio-specific disclosure is the landlord identification under ORC 5321.18, requiring disclosure of the owner's name and address (or that of an authorised agent) in the lease or a separate writing. Failure to disclose gives the tenant a defence to certain enforcement actions.
Does Ohio have rent control?
No. Ohio has no statewide rent control. ORC 1923.04 and related provisions actually preempt local rent control: Ohio cities cannot enact rent control on private residential property. No Ohio jurisdiction has rent control as of 2026.
What is the Ohio repair-and-deduct remedy?
ORC 5321.07 gives Ohio tenants a statutory repair-and-deduct remedy. After 30 days written notice to the landlord of a habitability defect, if the landlord fails to cure, the tenant may deposit subsequent rent into court (under court supervision), seek a court order requiring repairs, or terminate the lease. Ohio does not allow direct self-help deduction without first going through the court-deposit procedure. The procedure is more cumbersome than California or Chicago repair-and-deduct.
Sources
- Ohio Revised Code Chapter 5321 (Landlords and Tenants): codes.ohio.gov
- ORC 5321.16 (security deposit return and interest): codes.ohio.gov
- ORC 5321.17 (notice for termination of periodic tenancy): codes.ohio.gov
- ORC 5321.07 (rent escrow and tenant remedies): codes.ohio.gov
- ORC Chapter 1923 (forcible entry and detainer eviction procedure): codes.ohio.gov
- Ohio Attorney General consumer protection landlord-tenant guidance: ohioattorneygeneral.gov
- EPA lead-based paint disclosure: epa.gov/lead
Need a different state or topic? See the state hub, the eviction-notice timelines, the disclosure checklist, or the interactive lease generator.