Rights & Responsibilities
A tenant has certain rights and responsibilities. Tenants are
bound by lease agreements and laws, which govern rental of
residential property.
The following is a general list of rights for tenants:
- Tenant has a right to be
provided with a dwelling unit in good repair that meets all
applicable Housing Codes.
- The landlord is required to
make all repairs in a timely manner. A reasonable time for
repairs to be completed is considered thirty (30) days after
notification, unless the problem is of an immediate nature.
- If a tenant believes the
landlord is not fulfilling the landlord’s duties and
obligations by providing a dwelling that meets all
applicable housing codes, the tenant has the right to ask
the court’s assistance. (See Rent Escrow Process section for
more information.)
- Dwelling must be provided with
a heating system capable of maintaining a minimum of 68
degrees in each habitable room.
- A tenant’s application
for rental of a residential unit may not be refused because
of race, creed, color, national origin, sex, disability,
age, marital status or familial status. For discrimination
complaints or more information, you may contact the Fair
Housing Center at 419/243-6163 or visit their website at
www.toledofhc.org.
- Tenants in dwellings of a
single rental unit must provide their own facilities or
containers for the sanitary and safe storage and disposal of
trash. (Landlords must provide trash receptacles for tenants
in dwellings of two or more units.)
- Tenants who lease
dwellings built before 1978 are to receive a federally
approved lead hazard information pamphlet from their
landlord BEFORE THE LEASE TAKES EFFECT, as well as
disclosure of any known lead-based paint and/or lead-based
paint materials. For more information, contact the EPA
National Lead Information Center at 1-800-424-LEAD, or visit
their website at
www.epa.gov/lead/nlic.htm.
- A landlord may not retaliate
against a tenant by increasing the tenant’s rent,
withholding services, cutting off utilities or threatening
an FED (eviction) action, because: 1) the tenant has
complained to an appropriate government agency of a
building, housing, health or safety code; 2) the tenant has
complained to the landlord of a code violation or 3) the
tenant joined with other tenants to negotiate or deal
collectively with the landlord on any terms or conditions of
a rental agreement. ORC 5321.02 (A) (1) (2) (3).
- The tenant has a right to the
return of that portion of the security deposit that the
landlord has not applied to the payment of past due rent
and/or to any damage the landlord incurs because the tenant
did not comply with tenant obligations. If the landlord does
not send an itemized statement of deductions to the tenant’s
forwarding address within 30 days of the end of occupancy
and delivery of possession, the tenant may be entitled to
recover double the amount the landlord wrongfully withheld
and attorney fees.
The following is a general list of responsibilities for
tenants:
- Must keep the premises and
appliances clean and in a safe and sanitary condition.
- Must keep the premises free of
trash and garbage.
- Must use and operate electrical
and plumbing fixtures properly.
- Must allow the landlord or
agent entrance to the dwelling unit in order to inspect the
premises, make ordinary, necessary, or agreed upon repairs,
decorations, alterations, or improvements, or exhibit the
dwelling unit to prospective purchasers. Reasonable notice
to enter the premises is generally 24 hours.
- Must not intentionally or
negligently destroy, damage, deface property or remove any
plumbing fixtures or appliances from the premises.
- Must conduct self and require
others on the premises to conduct themselves in a manner
that will not disturb the neighbor’s peaceful enjoyment.
- Must pay rent when due. The
lease or rental agreement may provide a grace period.
- Must not make alterations or
additions to the dwelling unit except with the landlord’s
consent.
- Must promptly notify the
landlord of known needed repairs to the dwelling.
- Must comply with applicable
housing, health and safety codes. ORC 5321.05 (A) (5)
- Must dispose of garbage and
maintain the premises so as not to attract insects, rodents
or other pests.
- Must maintain all utilities
required by their lease agreement and not cause disruption
of service.
- Must not allow more persons to
occupy a rental unit than is permitted by Housing Code or
their written lease agreement.
This list is provided as a general guide to tenants rights
and responsibilities. This list is not all inclusive, nor should
it be interpreted as legal advice.
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