As Introduced

135th General Assembly

Regular Session H. B. No. 511

2023-2024

A BILL

To amend sections 5321.02, 5321.04, 5321.07, and 5321.18 of the Revised Code to amend the law regarding residential landlords and tenants.

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

Section 1. That sections 5321.02, 5321.04, 5321.07, and 5321.18 of the Revised Code be amended to read as follows:

Sec. 5321.02. (A) Subject to section 5321.03 of the Revised Code, a landlord may not retaliate against a tenant by increasing the tenant's rent, decreasing services that are due to the tenant, or bringing or threatening to bring an action for possession of the tenant's premises, interfering with the tenant's right to privacy, harassing the tenant, refusing to honor the rental agreement's terms, or interfering with the tenant's career because:

(1) The tenant has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that is applicable to the premises, and the violation materially affects health and safety;

(2) The tenant has complained to the landlord of any violation of section 5321.04 of the Revised Code;

(3) The tenant joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreement.

(B) If a landlord acts in violation of division (A) of this section the tenant may:

(1) Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises;

(2) Recover possession of the premises; or

(3) Terminate the rental agreement.

In addition, the tenant may recover from the landlord any actual damages together with reasonable attorneys' fees.

(C) Nothing in division (A) of this section shall prohibit a landlord from increasing the rent to reflect the cost of improvements installed by the landlord in or about the premises or to reflect an increase in other costs of operation of the premises.

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) Provide a prospective tenant with a written plain language briefing, before signing a written rental agreement with the prospective tenant, informing the prospective tenant of all of the following:

(a) The address and, if applicable, unit number of the dwelling unit the prospective tenant is being considered for, unless the landlord offers standard floor plans within a complex, in which case the floor plan the prospective tenant is being considered for may be listed;

(b) The amount and frequency of the rent charged for the residential premises;

(d) The duration of the proposed rental agreement, or whether the proposed rental agreement is month-to-month or week-to-week;

(e) The amount of any security deposit;

(f) The amount of any fees the tenant will or may be charged under the rental agreement that are in addition to rent and any security deposit;

(g) Whether utility payments will be the responsibility of the landlord or the tenant;

(h) All rules or regulations the landlord imposes on tenants;

(i) The procedure for submitting and tracking maintenance requests.

(12) Provide new tenants, not more than thirty days after they take possession of the residential premises under the rental agreement, a written plain language briefing with the same information required by division (A)(11) of this section;

(13) Provide tenants with both:

(a) The opportunity to be present for move-in and move-out inspections;

(b) Sufficient notice of the time of move-in and move-out inspections to allow the tenant to be present and to complete any related paperwork.

(14) Engage only qualified contractors or employees, who hold the necessary state or local licenses for the work performed, when complying with divisions (A)(1), (2), (4), and (6) of this section;

(15) Be courteous, honest, accurate, straightforward, and responsive in communications with tenants.

(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.

(C) No landlord shall retain any application fee to a prospective tenant as a requirement for the landlord to consider entering a rental agreement with the prospective tenant unless all of the following apply:

(1) The landlord, before collecting the application fee, complies with division (A)(11) of this section;

(2) The landlord, at the time the application fee is collected, provides the prospective tenant with a written receipt for the application fee;

(3) The landlord offers, in writing, to enter into a rental agreement with the prospective tenant, on the same terms as stated in the briefing required by division (A)(11) of this section, within five business days after collecting the application fee, and the tenant refuses the offer or fails to respond within five business days after receiving the offer, whichever occurs first.

Sec. 5321.07. (A) If a landlord fails to fulfill any obligation imposed upon ~~him~~the landlord by section 5321.04 of the Revised Code, other than the ~~obligation~~ obligations specified in ~~division~~ divisions (A)(9) and (15) of that section, or any obligation imposed upon ~~him~~the landlord by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes that apply to any condition of the premises that could materially affect the health and safety of an occupant, the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid.

(B) If a landlord receives the notice described in division (A) of this section and after receipt of the notice fails to remedy the condition within a reasonable time considering the severity of the condition and the time necessary to remedy it, or within thirty days, whichever is sooner, and if the tenant is current in rent payments due under the rental agreement, the tenant may do one of the following:

(1) Deposit all rent that is due and thereafter becomes due the landlord with the clerk of the municipal or county court having jurisdiction in the territory in which the residential premises are located;

(2) Apply to the court for an order directing the landlord to remedy the condition. As part of the application, the tenant may deposit rent pursuant to division (B)(1) of this section, may apply for an order reducing the periodic rent due the landlord until the landlord remedies the condition, and may apply for an order to use the rent deposited to remedy the condition. In any order issued pursuant to this division, the court may require the tenant to deposit rent with the clerk of court as provided in division (B)(1) of this section.

(3) Terminate the rental agreement.

(C) This section does not apply to any landlord who is a party to rental agreements that cover three or fewer dwelling units and who provides notice of that fact in a written rental agreement ~~or, in the case of an oral tenancy, delivers written notice of that fact to the tenant at the time of initial occupancy by the tenant~~.

(D) This section does not apply to a dwelling unit occupied by a student tenant.

Sec. 5321.18. (A) Every ~~written~~ rental agreement for residential premises shall be in writing and contain ~~the~~ all of the following:

(1) The name and address of the owner and the name and address of the owner's agent, if any. If the owner or the owner's agent is a corporation, partnership, limited partnership, association, trust, or other entity, the address shall be the principal place of business in the county in which the residential property is situated or if there is no place of business in such county then its principal place of business in this state, and shall include the name of the person in charge thereof.

(2) A telephone number and electronic mail address through which the tenant may contact the landlord;

(3) The amount and frequency of the rent charged for the residential premises;

(4) The date rent is due;

(5) Where rent is to be delivered, if that location is different than the location required to be provided by division (A)(1) of this section;

(6) The amount of any security deposit;

(7) The amount of any fees the tenant will or may be charged under the rental agreement that are in addition to rent and any security deposit;

(8) Whether utility payments are the responsibility of the landlord or the tenant;

(9) All rules or regulations the landlord imposes on tenants;

(10) A statement that tenants may qualify for free legal representation, based on income, in the event of a dispute with the landlord, and that they may inquire with Ohio legal help at www.ohiolegalhelp.org or (614) 285-6710.

The written information required by divisions (A)(9) and (10) of this section may be included in the written rental agreement or in a written addendum.

(B) If the rental agreement is oral, the landlord, at the commencement of the term of occupancy, shall deliver to tenant a written notice containing the information required in division (A) of this section.

~~(C)~~ If the landlord fails to provide the ~~notice of the~~ name and address of the owner and owner's agent, if any, in the written rental agreement as required under division ~~(A) or (B)~~ (A)(1) of this section, the notices to the landlord required under division (A) of section 5321.07 and division (A) of section 5321.08 of the Revised Code shall be waived by the landlord and ~~his~~the landlord's agent.

Section 2. That existing sections 5321.02, 5321.04, 5321.07, and 5321.18 of the Revised Code are hereby repealed.

Section 3. The General Assembly finds that individuals have the right to live not just in individual dwelling units that meet the requirements of Chapter 5321. of the Revised Code, but in healthy and safe communities. To that end, the General Assembly encourages municipal corporations, counties, and townships to adopt actionable polices to support all of the following:

(A) The right to live in a community;

(B) The right to live in a community that meets all applicable health and environmental standards;

(D) The right to receive property management services from landlords that meet or exceed industry standards, and that are performed by the landlord or staff who are professionally and appropriately trained, responsive, and courteous;

(E) The right to receive consistently honest, accurate, straightforward, and responsive communications from landlords;

(F) The right to receive legal advice when disputes with landlords arise, including advice on filing claims against a landlord and means for alternative dispute resolution.