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Written Lease

A written lease is a legal contract and is the surest means of defining your rental agreement. When signing a lease, you should be aware of important specifications that should be included in the document: (These are only suggestions, you should seek legal assistance if there are any questions concerning the lease).

1. Description and identification of the property rented e.g., address and specific apartment number.
2. Names of the landlord and tenant. Landlord means the owner or lesser of a dwelling unit. Tenant means any person to occupy a dwelling unit under a rental agreement.
3. Date of execution and completion of lease
4. Date that you are to move in and the length of the lease e.g., six months, twelve months.
5. Amount of rent and when and where it should be paid.
6. Statement concerning lease renewal or termination.
7. Allotment of specific responsibilities e.g., repairing plumbing or broken fixtures, painting. Who notifies repairperson? Who is responsible for repairs to the rental property?
8. Entry clause specifying circumstances under which the landlord may enter the apartment e.g., with 24-hours notice, or in an emergency.
9. Clause concerning who is responsible for costs associated with water, electricity, garbage removal, or other bills/utilities?
10. Statement concerning the security deposit, the amount the conditions which must be met before it is returned; and the length of time from the completion of the lease before the deposit is returned.
11. Clause on subletting permission
12. Statement that the lease can be changed only upon written approval of both the lesser and lessee.

Unlawful Provision in a Lease

While the majority of landlords are fair, there may be some who may try to take unfair advantage of a renter. The following are some examples of lease provisions, which are generally forbidden by law:

1. A provision, which forces you to agree to accept the blame in any future dispute with your landlord. Such a clause will usually stipulate that you will pay your landlord's legal fee in any court action taken against you.
2. A provision permitting the landlord to exert unfair leverage on you, such as obtaining and failing to return security deposits or prepaid rent under false pretenses or unproved evidence.
3. A provision permitting the landlord to assume possession of your personal property for lack of payment of rent.
4. A provision freeing the landlord from responsibility for negligence in causing you or your guests’ injury.
5. A provision permitting retaliation against you by eviction, shutting off the water, padlocking doors, and or turning off heat for such things as complaints to proper authorities about housing code violations, and making do-it-yourself repairs.
6. A provision permitting the landlord to force you to continue to pay rent for a dwelling gutted by fire, hurricane, tornado, or other disasters.

Even though these unlawful clauses may not be binding, you may be forced to go to court to pursue your rights, and therefore, it is a much better practice to delete illegal clauses before signing the lease agreement. A landlord who offers a lease containing illegal clauses and refuses to delete them may not be the type of landlord from whom you wish to rent!

Rental Deposits

Deposit money means any money held by the landlord on behalf of the tenant, including but not limited to, damage deposits, security deposits, advance rent deposits, pet deposits, or any contracted deposit agreed to between landlord and tenant either in writing or orally. A standard to go by in Ohio would be a deposit equal to your first month and last month of rent. It is typical to pay the equivalent of two to three months’ rent upon moving into an apartment.

A cleaning deposit is a separate deposit, which allows the landlord to use the money to clean or paint the rental after you move. The landlord usually does not refund a cleaning deposit. The damage deposit must be returned when you leave the premises unless you caused physical damage beyond normal wear and tear. An inspection inventory signed by both landlord and tenant will help determine the conditions of the premises before moving in or out. The original inspection should be used to evaluate the occupancy before moving out.

Deposit Refunds

The amount of money claimed must be clearly stated in an itemized list. Be sure the list does not exactly equal the amount of the deposit plus interest, and that the landlord is not exacting an illegal forfeiture.

Remember you may choose to object to the landlord's notice. But failure to respond in writing indicates tacit approval to the claim through lack of action. Be sure to keep a copy of your letter and send the original to the landlord by certified mail with a return receipt requested from the post office.

If the landlord sends you an incorrect itemization of damages, you must object in writing. Send your objection in writing to your landlord and keep a copy. If you do not object within 30 days after the landlord gives you itemization of deductions, the landlord must remit to you the remainder of the deposit. If you have objected, ask your landlord to respond in writing to each of your objections. If the landlord's response is unsatisfactory, you may then consider going to court. There is no statute of limitations for returning your deposit after you have objected.

If the landlord doesn't explain the reasons for the deduction, or you cannot agree on the amount to be deducted, you may challenge the landlord's claim.

Subleasing

Consult your lease before making any commitment to sublease your living facilities to verify that it does not prohibit subleases. A paragraph prohibiting subleasing may read something like this:

Tenant shall not assign agreement or sublet the dwelling unit without consent of landlord or unless otherwise provided for in the lease. The landlord may refuse consent for any reason, even if such is arbitrary and unreasonable. This paragraph shall not prevent tenant from accommodating guests for reasonable periods.

If permission is granted to sublease, a written agreement should be made between the tenant, subtenant, and landlord.

Renters Insurance

Renter's insurance covers your personal belongings in the rental unit, and your liability to others should an accident occur in your apartment. A typical renter's policy coverage includes furniture, clothing, and most other personal belongings. If you want coverage for specific valuables such as jewelry, you should speak to your insurance agent about adding them to your existing policy or making a separate one specifically for those items.

The renter's policy should insure your household contents and belongings against losses from fire or lightning, removal of property endangered by fire or other perils, windstorm or hail, explosion, riot or civil commotion, aircraft, vehicles smoke, vandalism and malicious mischief, theft, falling objects, weight of ice, snow, sleet, building collapse, sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot water heating system or of appliances for heating water accidental discharge, leakage or overflow from within a plumbing, heating, or air-conditioning system or cosmetic appliance, sudden and accidental injury from artificially generated currents to electrical appliances, devices, fixtures and wiring.

The liability coverage in a renter's policy applies at home or elsewhere to damages or injuries caused by you, a member of your family, or even a pet. It covers any legal cost that you may need to pay if you are sued. The coverage is not applicable to injuries caused by automobiles; therefore, auto insurance may be necessary as well.

Insurance policies are important legal documents that protect you and your property. Therefore, you should carefully choose an insurance company that will provide you with the coverage you need. Compare costs and quality of coverage before making a decision.

Moving Out

If you intend to move out of your unit at the end of your lease, you must give at least 30 days notice in writing to your landlord. At that time, you may also want to make an appointment with your landlord to jointly inspect the unit after all of your belongings have been removed. Bring your completed inspection report from your move in to compare with the current condition of the unit. You may also wish to turn in keys to your landlord during this meeting.

Additionally, utility companies require advance notice of your departure to prepare final bills, turn off service, and to return deposits. Your last month in the unit is also a good time to send change of address forms to all relevant individuals and companies.

Rights and Responsibilities

The Ohio Landlord Tenant Residential Act (Ohio Rev. Code §5321) has defined the rights and responsibilities of both Landlords and Tenants. This law describes the responsibility of both landlords and tenants and provides for both parties when the other fails to live up to their responsibilities.

The legislation is fairly comprehensive, and it would not be advantageous to quote directly from it due to the possibility of statements being misinterpreted or taken out or context. Below, however, are some general guidelines to protect yourself legally as you enter into a lease agreement.

1. The Landlord Tenant Act was written to provide fairness to both tenants and landlords. If you feel you are not being treated fairly, you should question the actions of the landlord.
2. When signing rental agreements, be sure you know and understand what you are signing.
3. Be sure that any oral maintenance agreements are put in writing on the lease. Oral agreements are rarely binding at law.
4. If anything is being crossed out on the lease or written in, both you and the landlord should initial it.
5. Always follow up any oral conversations with a landlord in writing. It can be an informal, friendly note, just something to notify the landlord that your conversation is in writing. Keep a copy of all written transactions regarding your rental situation.
6. In most situations, with or without a lease, both you and the landlord are required to give 30 days notice. Remember to always give a 30-day notice in writing, and that it has to be given on the date rent is normally due.
7. Deposit requirements typically outlined in a lease agreement, with a designated time frame in which the landlord is required to return the deposit to you with the evidence as to why all or a portion of the deposit was not returned. You are responsible for providing the landlord with a forwarding address where you can be reached. This address would normally be furnished to the landlord in your written notice to vacate the unit.
8. When you move into the apartment, do a careful inventory of the facility. If things are damaged or in need of repair when you move in, you need a record of it in the event the landlord tries to charge you for those damages at a later time. Using the inventory checklist, make sure to write the date you compile the inventory on the list itself and furnish a copy of it to your landlord.
9. When you are having a conflict with a landlord try to keep the lines of communication open.
10. Be tactful.