As Introduced

136th General Assembly

Regular Session H. B. No. 553

2025-2026

To amend section 5321.04 and to enact sections 5321.041 and 5321.042 of the Revised Code to require landlords to notify tenants of rent defaults prior to commencing evictions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5321.04 be amended and sections 5321.041 and 5321.042 of the Revised Code be enacted to read as follows:

Sec. 5321.04. (A) A landlord who is a party to a rental agreement shall do all of the following:

(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;

(5) When the landlord is a party to any rental agreements that cover four or more dwelling units in the same structure, provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of a dwelling unit, and arrange for their removal;

(6) Supply running water, reasonable amounts of hot water, and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection;

(7) Not abuse the right of access conferred by division (B) of section 5321.05 of the Revised Code;

(8) Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.

(9) Promptly commence an action under Chapter 1923. of the Revised Code, after complying with division (C) of section 5321.17 of the Revised Code, to remove a tenant from particular residential premises, if the tenant fails to vacate the premises within three days after the giving of the notice required by that division and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in that division. Such actual knowledge or reasonable cause to believe shall be determined in accordance with that division.

(10) Comply with the rights of tenants under the Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App. 501.

(11) Notify the tenant of a default in the payment of rent, and the amount the tenant is in default, not later than sixty days after the default occurs.

(B) If the landlord makes an entry in violation of division (A)(8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement.

Sec. 5321.041. If the landlord fails to provide timely notice under division (A)(11) of section 5321.04 of the Revised Code, the landlord shall not commence an action under Chapter 1923. of the Revised Code to remove the tenant from the residential premises until all of the following occur:

(A) The landlord notifies the tenant in writing of a default in the payment of rent, and the amount the tenant is in default;

(B) At least ninety days have elapsed since the landlord provided notice under division (A) of this section;

Sec. 5321.042. (A) If a landlord and tenant agree upon a payment plan pursuant to division (C) of section 5321.041 of the Revised Code, the landlord shall not commence an action under Chapter 1923. of the Revised Code to remove the tenant from the residential premises unless the tenant fails to comply with the terms of the agreement.

(B) If a landlord and tenant do not agree upon a payment plan pursuant to division (C) of section 5321.041 of the Revised Code, the landlord may commence an action under Chapter 1923. of the Revised Code to remove the tenant from the residential premises if more than ninety days have elapsed from the date the notice was sent under division (A) of section 5321.041 of the Revised Code.

Section 2. That existing section 5321.04 of the Revised Code is hereby repealed.