Breaking a lease in Ohio

Chapter 5321 gives a tenant no general right to end a fixed-term lease early, and no right tied to domestic violence. A tenant may end the rental agreement after certain landlord failures: unlawful or harassing entry, a condition left unremedied under the rent deposit remedy, and retaliation. Chapter 5321 also requires landlords to comply with the rights of tenants under the federal Servicemembers Civil Relief Act; that federal law was not read for this page (Ohio Rev. Code § 5321.04(B); Ohio Rev. Code § 5321.07(B); Ohio Rev. Code § 5321.02(B); Ohio Rev. Code § 5321.04(A)(10)).

• A domestic violence civil protection order may grant the petitioner or another family or household member possession of a residence leased solely by them, by evicting the respondent, or may order a respondent who jointly leases the residence to vacate it. Where the respondent is the sole lessee and has a duty to support the petitioner or another family or household member living there, the order may grant possession to the petitioner or that family or household member and order the respondent to vacate (Ohio Rev. Code § 3113.31(E)(1)(b); Ohio Rev. Code § 3113.31(E)(1)(c)).
• After an unlawful entry, a lawful entry made in an unreasonable manner, or repeated harassing demands for entry, the tenant may end the rental agreement (Ohio Rev. Code § 5321.04(B)).
• After written notice and the reasonable-time-or-30-days period, a tenant who is current in rent may end the rental agreement (Ohio Rev. Code § 5321.07(B)(3)).See Tenant repair remedies on the Ohio page
• A tenant who suffers retaliation may end the rental agreement (Ohio Rev. Code § 5321.02(B)(3)).See Retaliation on the Ohio page
• A college or university may end a student tenant's rental agreement early only after a hearing, preceded by written notice, that finds a violation of the agreement or of its code of conduct or other policies (Ohio Rev. Code § 5321.031).
• Chapter 5321 does not state the reletting duty. In Frenchtown Square (2003), the Ohio Supreme Court discussed Dennis v. Morgan and explained that landlords must make reasonable efforts to re-rent after a tenant's breach, with reasonableness decided at trial. Frenchtown itself concerned a commercial lease and did not set a fixed reletting deadline (Frenchtown Square Partnership v. Lemstone, 2003-Ohio-3648, paragraphs 15-21).
• The opinion qualifies its broader statement about all leases for contrary contract provisions. Whether a particular clause is enforceable requires separate review; this selected case is not a review of every residential lease term or later decision (Frenchtown Square, paragraph 20 and footnote 6).
• As a practical way to document reletting efforts, keep dated advertisements, inquiries, showing records, offers and the replacement lease. Keep a clear account of rent received and the amounts claimed, so a court can assess the losses and the steps taken (Frenchtown Square, paragraphs 15 and 19-21).

If you fail to meet a 5321.04 duty other than division (A)(9), or an obligation in the rental agreement, if the tenant reasonably believes you have, or if a government agency has found a code violation that could materially affect health and safety, the tenant may give you written notice specifying the problem, sent to the person or place where rent is normally paid. If you do not remedy the condition within a reasonable time considering its severity and the time needed, or within 30 days, whichever is sooner, and the tenant is current in rent, the tenant may deposit rent with the clerk of the municipal or county court, ask that court to order the condition remedied, or end the rental agreement. Chapter 5321 does not let a tenant repair and deduct on the tenant's own (Ohio Rev. Code § 5321.07; Ohio Rev. Code § 5321.08; Ohio Rev. Code § 5321.09; Ohio Rev. Code § 5321.10).

• With a court application, the tenant may deposit rent, ask for a rent reduction until the condition is remedied, and ask for an order to use the deposited rent to remedy it (Ohio Rev. Code § 5321.07(B)(2)).
• These remedies do not apply to a landlord who is a party to rental agreements covering three or fewer dwelling units and says so in the written rental agreement, or, for an oral tenancy, in a written notice at the start of occupancy. They also do not apply to a unit occupied by a student tenant in college or university housing (Ohio Rev. Code § 5321.07(C); Ohio Rev. Code § 5321.07(D)).
• The clerk gives you written notice of the deposit, holds the rent in a separate escrow account, and may charge 1 percent of the rent deposited as court costs (Ohio Rev. Code § 5321.08).
• You may apply for release of the rent because the condition was remedied, the tenant did not give the required notice or was not current in rent, or there was no violation; the court holds a trial within 60 days after your complaint unless it continues the case for good cause (Ohio Rev. Code § 5321.09).
• While your release action is pending, the court may release part of the rent for mortgage payments, insurance, real estate taxes, utilities, repairs and other customary operating costs (Ohio Rev. Code § 5321.10).
• If the condition resulted from the tenant's act or omission, or the tenant intentionally acted in bad faith, the tenant owes your damages and costs, plus reasonable attorney's fees for intentional bad faith (Ohio Rev. Code § 5321.09(D)).
• If your lease, or your written notice for an oral tenancy, did not give the owner and agent names and addresses, you waive the tenant's written notice to you and the clerk's notice to you of a rent deposit (Ohio Rev. Code § 5321.18(C)).See Owner and manager identity on the Ohio page

Ohio has no statute that sets a general rule on subletting a home. The lease controls, so state in it whether the tenant needs your written consent (Ohio Rev. Code ch. 5321).

Either you or the tenant may end or decline to renew a month-to-month tenancy by notice given at least 30 days before the periodic rental date, and a week-to-week tenancy by notice given at least seven days before the termination date the notice states (Ohio Rev. Code § 5321.17).

• Section 5321.17 requires notice to be given but does not say it must be in writing (Ohio Rev. Code § 5321.17(A); Ohio Rev. Code § 5321.17(B)).
• A tenant who holds over after the tenancy ends can be evicted after the three-day notice to leave (Ohio Rev. Code § 1923.02(A)(1); Ohio Rev. Code § 1923.04(A)).
• You may not bring or threaten an eviction to retaliate for a protected complaint or collective negotiation, but you may still bring one against a tenant holding over the tenant's term (Ohio Rev. Code § 5321.02(A); Ohio Rev. Code § 5321.03(A)(4)).
• These notice periods do not apply to a termination for breach, except the drug-activity notice (Ohio Rev. Code § 5321.17(D)).

When the rental agreement ends, you may apply the deposit to past-due rent and to damages you suffered because the tenant did not comply with the tenant duties in 5321.05 or with the rental agreement. Itemize and identify every deduction in a written notice and deliver it to the tenant, together with the amount due, within 30 days after the rental agreement ends and the tenant delivers possession. The 30 days run from those two events, not from the day you receive a forwarding address (Ohio Rev. Code § 5321.16(B); Ohio Rev. Code § 5321.16(C)).

• The tenant must give you a forwarding or new address in writing for the notice and payment. A tenant who does not give one cannot recover the damages or attorney's fees described next (Ohio Rev. Code § 5321.16(B)).
• If you do not comply, the tenant may recover the property and money due, plus damages equal to the amount wrongfully withheld and reasonable attorney's fees (Ohio Rev. Code § 5321.16(C)).
• One of the tenant duties in 5321.05 is to refrain from, and to forbid anyone on the premises with the tenant's permission from, intentionally or negligently destroying, defacing, damaging or removing any fixture, appliance or other part of the premises (Ohio Rev. Code § 5321.05(A)(6); Ohio Rev. Code § 5321.16(B)).
• The statute requires the notice to be delivered within the 30 days and has no rule that the mailing date counts as delivery (Ohio Rev. Code § 5321.16(B)).