Ohio landlord-tenant law at a glance
Most of Ohio’s rules for apartment owners sit in Revised Code chapter 5321, the Landlords and Tenants chapter, with evictions handled under chapter 1923. The chapter is short and has changed little in decades, so the table below covers most of what an owner deals with day to day.
| Rule | Ohio law | Section |
|---|---|---|
| Ending a month-to-month tenancy | 30 days before the periodic rental date | ORC 5321.17(B) |
| Ending a week-to-week tenancy | 7 days before the termination date | ORC 5321.17(A) |
| Before filing an eviction | 3-day notice to leave the premises | ORC 1923.04 |
| Security deposit cap | None | ORC 5321.16 |
| Deposit interest | 5% a year on the amount above the greater of $50 or one month’s rent, if the tenant stays 6 months or more | ORC 5321.16(A) |
| Deposit return | 30 days after the tenancy ends and possession is returned, with an itemized list | ORC 5321.16(B) |
| Late fees | Not set by the sections above; check the lease and local ordinances | n/a |
| Entry notice | Reasonable notice; 24 hours is presumed reasonable | ORC 5321.04(A)(8) |
| Rent control | Banned for cities and other local governments | ORC 5321.19 and 5321.20 |
How much notice does a landlord have to give in Ohio?
An Ohio landlord must give a month-to-month tenant notice at least 30 days before the periodic rental date to end the tenancy, under ORC 5321.17(B). The notice runs to a rent date, so a notice served on the 10th of a month with rent due on the 1st ends the tenancy at the end of the following month, not 30 days later.
A week-to-week tenancy ends on 7 days’ notice. Chapter 5321 does not require a reason to end a periodic tenancy, but a landlord may not end one in retaliation for protected tenant activity, covered below. A fixed-term lease simply runs to its end date unless the lease says otherwise.
The retaliation rule in ORC 5321.02 also limits rent increases. A landlord may not raise rent, cut services or bring or threaten an eviction because a tenant complained to a code agency, complained to the landlord about a repair duty or joined with other tenants to bargain. An increase that covers improvements the landlord installed or higher operating costs is still allowed.
The 3-day notice for unpaid rent
Before filing an eviction case for unpaid rent or any other reason, an Ohio landlord must serve a notice to leave the premises at least three days before filing, under ORC 1923.04. Ohio has no separate pay-or-quit notice in the statute: the 3-day notice asks the tenant to leave.
The notice must include, in conspicuous print, the statutory warning: "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." It can be served by certified mail with a return receipt, by handing it to the tenant, or by leaving it at the tenant’s home or at the rental unit.
The 3-day period is a minimum, and the notice has to be served before the case is filed, not with it. Keep a copy and a record of how and when it was served, because the court will ask.
Ohio security deposit law
Ohio sets no maximum deposit. The rules focus on interest and on what happens at move-out, under ORC 5321.16.
Interest is the rule Ohio owners most often miss. If a deposit is more than $50 or one month’s rent, whichever is greater, the part above that amount earns interest at 5% a year, as long as the tenant stays at least six months. The landlord figures and pays the interest every year. On a $1,200 unit with a $1,800 deposit, $600 is above one month’s rent, so the tenant is owed $30 a year.
At move-out, the landlord has 30 days after the tenancy ends and the tenant gives back possession to return the deposit, less any deductions listed in an itemized written notice. The tenant must give a forwarding address in writing. A landlord who wrongfully keeps money can owe the amount wrongfully withheld, plus damages equal to that amount and reasonable attorney fees. A tenant who never gave a forwarding address loses the right to those damages and fees.
Can a landlord enter without notice in Ohio?
Only in an emergency or when notice is impracticable. Otherwise ORC 5321.04(A)(8) requires reasonable notice of the intent to enter and entry at reasonable times, and 24 hours is presumed reasonable unless the facts show otherwise.
The same section bars a landlord from abusing the right of access. Put the entry rules in the lease, log each notice, and give at least a day’s notice for showings to buyers or lenders during a sale, which is where most entry disputes start.
Other landlord duties under ORC 5321.04
Ohio requires landlords to keep units fit and habitable and to follow building, housing, health and safety codes. Common areas must be safe and sanitary, and the landlord must keep supplied electrical, plumbing, heating, ventilating, air conditioning and elevator equipment in good working order.
For buildings with four or more units, the landlord must provide trash receptacles and arrange for removal. Landlords must also supply running water, reasonable hot water and reasonable heat, with limited exceptions. Under ORC 5321.07, a tenant who is current on rent can deposit rent with the court clerk if the landlord fails to fix a problem within a reasonable time, or 30 days if sooner, after written notice. Landlords with three or fewer units who disclose that in writing are excluded, so the remedy applies to most apartment buildings, and open repair notices are worth clearing before a sale.
The eviction process in Ohio
An Ohio eviction is a forcible entry and detainer case under chapter 1923, filed in the municipal or county court for the area. A landlord must win in court before a tenant can be removed, and ORC 5321.15 bars lockouts, utility shutoffs and seizing a tenant’s belongings to force a move or collect rent. A landlord who breaks that rule can owe damages and attorney fees.
The statutory steps are short. After the 3-day notice runs, the landlord files a complaint. The summons must be served at least seven days before the trial date under ORC 1923.06(A). If the landlord wins, the court issues a writ of restitution and a court officer carries out the move-out. The total time depends on each court’s calendar and whether the tenant contests the case, so build slack into any sale that needs units empty.
- Serve the 3-day notice with the required wording.
- File the forcible entry and detainer complaint after the notice period.
- Serve the summons at least 7 days before trial.
- Attend the hearing with the lease, ledger and notice.
- If you win, request the writ and coordinate the set-out with the court officer.
Does Ohio have rent control?
No. Ohio bans rent control and rent stabilization by cities, counties and other local governments under ORC 5321.19 and 5321.20, enacted by House Bill 430 and in force since September 23, 2022. The legislature declared that rent control is a matter of statewide concern needing one uniform rule.
The ban has two main exceptions. A local government can set rents on housing it owns or operates, and it can tie rent terms to voluntary incentive programs such as tax abatements, tax credit financing, bonds, loans or grants. If your building has a local abatement or a regulatory agreement, check its rent terms, since they can bind a buyer even though general rent control is off the table.
Selling an Ohio apartment building with tenants in place
Leases survive a sale, so the buyer takes the building subject to every existing lease and its terms. A sale is not a reason to end a lease early unless the lease itself allows it.
Deposits and the interest owed on them should move to the buyer at closing. ORC 5321.16 does not spell out a transfer rule, so the purchase contract should list each tenant’s deposit, any accrued 5% interest, and who will refund it at move-out. Give buyers a rent roll, copies of every lease, the deposit ledger and a list of open repair requests. Tell tenants in writing who the new owner is and where to pay rent after closing.
Ohio landlord-tenant law changes in 2025 and 2026
We found no 2025 or 2026 amendments to the core Ohio sections covered here. On the Ohio Revised Code site, the deposit section 5321.16 has stood since 1974, the termination rules in 5321.17 since 1990, the landlord duties in 5321.04 since 2012 and the eviction notice and summons rules in 1923.04 and 1923.06 since 2007.
The most recent statewide change for owners is the 2022 rent control ban. Bills to revise housing and tenant laws were introduced in the 136th General Assembly, so check their status before you rely on this page, and check your city’s code, since cities such as Cleveland and Columbus can still enforce their own housing, building, health and safety codes.
Selling to Skyline
Skyline buys apartment buildings with five or more units in Ohio, occupied or partly vacant. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and deposits at closing, so you don’t need to clear units before you sell.
For the tax on a sale, see Ohio capital gains tax on real estate, and for the annual tax a buyer will model, the property tax rate in Ohio.
