Ohio Revised Code

Ohio Rev. Code § 5321.01 (2026)

Landlord and tenant definitions

✓ current as of May 2026
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As used in this chapter:

(A) "Tenant" means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others.

(B) "Landlord" means the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement.

(C) "Residential premises" means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned or operated by a college or university. "Residential premises" does not include any of the following:

(1) Prisons, jails, workhouses, and other places of incarceration or correction, including, but not limited to, halfway houses or residential arrangements that are used or occupied as a requirement of a community control sanction, a post-release control sanction, or parole;

(2) Hospitals and similar institutions with the primary purpose of providing medical services, and homes licensed pursuant to Chapter 3721. of the Revised Code;

(3) Tourist homes, hotels, motels, recreational vehicle parks, recreation camps, combined park-camps, temporary park-camps, and other similar facilities where circumstances indicate a transient occupancy;

(4) Elementary and secondary boarding schools, where the cost of room and board is included as part of the cost of tuition;

(5) Orphanages and similar institutions;

(6) Farm residences furnished in connection with the rental of land of a minimum of two acres for production of agricultural products by one or more of the occupants;

(7) Dwelling units subject to Chapter 3733. of the Revised Code;

(8) Occupancy by an owner of a condominium unit;

(9) Occupancy in a facility licensed as an SRO facility pursuant to Chapter 3731. of the Revised Code, if the facility is owned or operated by an organization that is exempt from taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or group of entities in which such an organization has a controlling interest, and if either of the following applies:

(a) The occupancy is for a period of less than sixty days.

(b) The occupancy is for participation in a program operated by the facility, or by a public entity or private charitable organization pursuant to a contract with the facility, to provide either of the following:

(i) Services licensed, certified, registered, or approved by a governmental agency or private accrediting organization for the rehabilitation of persons with mental illnesses, persons with developmental disabilities, adults or juveniles convicted of criminal offenses, or persons experiencing substance abuse;

(ii) Shelter for juvenile runaways, victims of domestic violence, or homeless persons.

(10) Emergency shelters operated by organizations exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, for persons whose circumstances indicate a transient occupancy, including homeless people, victims of domestic violence, and juvenile runaways.

(D) "Rental agreement" means any agreement or lease, written or oral, which establishes or modifies the terms, conditions, rules, amount of rent charged or paid, or any other provisions concerning the use and occupancy of residential premises by one of the parties.

(E) "Security deposit" means any deposit of money or property to secure performance by the tenant under a rental agreement.

(F) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

(G) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.

(H) "Student tenant" means a person who occupies a dwelling unit owned or operated by the college or university at which the person is a student, and who has a rental agreement that is contingent upon the person's status as a student.

(I) "Recreational vehicle park," "recreation camp," "combined park-camp," and "temporary park-camp" have the same meanings as in section 3729.01 of the Revised Code.

(J) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(K) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.

(L) "School premises" has the same meaning as in section 2925.01 of the Revised Code.

(M) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.

(N) "Preschool or child care center premises" has the same meaning as in section 2950.034 of the Revised Code.

(O) "Rent control" means requiring below-market rents for residential premises or controlling rental rates for residential premises in any manner, including by prohibiting rent increases, regulating rental rate changes between tenancies, limiting rental rate increases, regulating the rental rates of residential premises based on income or wealth of tenants, and other forms of restraint or limitation of rental rates.

(P) "Rent stabilization" means allowing rent increases for residential premises of a fixed amount or on a fixed schedule as set by a political subdivision.

(Q) "Political subdivision" means a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state.

Last updated August 17, 2023 at 12:35 PM

Notes of Decisions
Cited in 86 cases (23 in the last 5 years), 1980–2026 · leading case: Mercer v. Halmbacher, 2015 Ohio 4167 (Ohio Ct. App. 2015).
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Mercer v. Halmbacher, 2015 Ohio 4167 (Ohio Ct. App. 2015). · cites it 4× “01(B) defines a landlord as “the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement.”
French v. Johnson (In Re Coomer), 375 B.R. 800 (Bankr. N.D. Ohio 2007). · cites it 4× “O.R.C. § 5321.01, etseq. 3 . The parties to a lease could, of course, agree to a contrary arrangement.”
Geoffrey M. Radvansky v. City of Olmsted Falls, 395 F.3d 291 (6th Cir. 2005). “” Ohio Rev. Code Ann. § 5321.01 (A). Therefore, a tenant, who is granted a possessory interest, cannot then be held criminally liable for invading the landlord’s title interest during the term of the tenancy.”
Cleveland Bar Ass'n v. Picklo, 96 Ohio St. 3d 195 (Ohio 2002). · cites it 2× “” She also cites R.C. 5321.01(B), which, with respect to landlord-tenant remedies in general, similarly defines “landlord” as “the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or…”
Brian Midkiff Monica Midkiff v. Adams Cnty. Reg'l Water Dist., 409 F.3d 758 (6th Cir. 2005). “Under this theory, the Midkiffs posit that because the LTA defines “landlord” to include an “agent,” Ohio Rev.Code Ann. § 5321.01(B), and because the Water District complied with the Albrechts’ request to terminate service, the Water District acted as the Albrechts’ agent under…”
Cleveland Bar Assn. v. Picklo, 2002 Ohio 3995 (Ohio 2002). · cites it 2× “” She also cites R.C. 5321.01(B), which, with respect to landlord-tenant remedies in general, similarly defines “landlord” as “the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or…”
Kohler v. Snow Vill., Inc., 475 N.E.2d 1298 (Ohio Ct. App. 1984). · cites it 6× “A cooperator-resident shares some of the characteristics of a “tenant” as defined in R.C. 5321.01(A). However, in actual terms, the cooperator could also be considered a type of landlord.”
Beavers v. PNC Bank, Natl. Assn., 2013 Ohio 5318 (Ohio Ct. App. 2013). · cites it 4× “{¶33} R.C. 5321.01, Ohio’s Landlord-Tenant Act, governs the relationship between landlords and tenants with respect to rental agreements of residential premises.”
Allied Tech., Inc. v. R.B. Brunemann & Sons, Inc. (In Re Allied Tech., Inc.), 25 B.R. 484 (Bankr. S.D. Ohio 1982). · cites it 2× “2d Landlord and Tenant § 395; Note also, O.R.C. §§ 5321.01(B) and 5321.03, which limit eviction actions to lessors and sublessors.”
Gibson v. Shephard, 2017 Ohio 1157 (Ohio Ct. App. 2017). · cites it 3× “01(F) (defining “dwelling unit”) with R.C. 5321.01(C) (defining “residential premises” as “a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of…”
Maggiore v. Kovach, 101 Ohio St. 3d 184 (Ohio 2004). · cites it 2× “17(B) does not distinguish between residential and commercial leases by its own terms, Kovach’s argument is directly contradicted by R.C. 5321.01, which defines the terms “landlord” and “tenant” in the following manner: {¶ 16} “(A) ‘Tenant’ means a person entitled under a rental…”
Craig Wrecking Co. v. S. G. Loewendick & Sons, Inc., 526 N.E.2d 321 (Ohio Ct. App. 1987). · cites it 2× “t(# * * “(4) ‘Residential premises’ has the same meaning as in section 5321.01 of the Revised Code, except, if required by the facts of the action to which the term is applied, ‘residential premises’ has the same meaning as in section 3733.”
Show all 86 citing cases →
— Ohio Rev. Code § 5321.01(A) — 19 cases
Mercer v. Halmbacher, 2015 Ohio 4167 (Ohio Ct. App. 2015). “01(B) defines a landlord as “the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement.”
3637 Green Rd. Co., Ltd. v. Specialized Component Sales Co., Inc., 2016 Ohio 5324 (Ohio Ct. App. 2016).
Maggiore v. Kovach, 101 Ohio St. 3d 184 (Ohio 2004). “17(B) does not distinguish between residential and commercial leases by its own terms, Kovach’s argument is directly contradicted by R.C. 5321.01, which defines the terms “landlord” and “tenant” in the following manner: {¶ 16} “(A) ‘Tenant’ means a person entitled under a rental…”
Manifold v. Schuster, 586 N.E.2d 1142 (Ohio Ct. App. 1990).
Tillimon v. Hollstein, 2024 Ohio 3346 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 5321.01(B) — 14 cases
Cleveland Bar Ass'n v. Picklo, 96 Ohio St. 3d 195 (Ohio 2002). “” She also cites R.C. 5321.01(B), which, with respect to landlord-tenant remedies in general, similarly defines “landlord” as “the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or…”
Brian Midkiff Monica Midkiff v. Adams Cnty. Reg'l Water Dist., 409 F.3d 758 (6th Cir. 2005). “Under this theory, the Midkiffs posit that because the LTA defines “landlord” to include an “agent,” Ohio Rev.Code Ann. § 5321.01(B), and because the Water District complied with the Albrechts’ request to terminate service, the Water District acted as the Albrechts’ agent under…”
Cleveland Bar Assn. v. Picklo, 2002 Ohio 3995 (Ohio 2002). “” She also cites R.C. 5321.01(B), which, with respect to landlord-tenant remedies in general, similarly defines “landlord” as “the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or…”
Allied Tech., Inc. v. R.B. Brunemann & Sons, Inc. (In Re Allied Tech., Inc.), 25 B.R. 484 (Bankr. S.D. Ohio 1982). “2d Landlord and Tenant § 395; Note also, O.R.C. §§ 5321.01(B) and 5321.03, which limit eviction actions to lessors and sublessors.”
Mercer v. Halmbacher, 2015 Ohio 4167 (Ohio Ct. App. 2015). “01(B) defines a landlord as “the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement.”
— Ohio Rev. Code § 5321.01(C) — 10 cases
Berge v. Columbus Cmty. Cable Access, 736 N.E.2d 517 (Ohio Ct. App. 1999).
Roosevelt Props. Co. v. Kinney, 465 N.E.2d 421 (Ohio 1984).
Bierl v. BGZ Assoc. II, L.L.C., 2013 Ohio 648 (Ohio Ct. App. 2013).
Gibson v. Shephard, 2017 Ohio 1157 (Ohio Ct. App. 2017). “01(F) (defining “dwelling unit”) with R.C. 5321.01(C) (defining “residential premises” as “a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of…”
Janovsky v. Ohio Bureau of Emp. Servs., 671 N.E.2d 611 (Ohio Ct. App. 1996).
— Ohio Rev. Code § 5321.01(C)(10) — 1 case
Parker v. Salvation Army, 2012 Ohio 2069 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 5321.01(C)(2) — 1 case
Perko v. Healthcare Servs. Grp., Inc., 2021 Ohio 4216 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 5321.01(C)(3) — 1 case
Parker v. Salvation Army, 2012 Ohio 2069 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 5321.01(D) — 18 cases
Kohler v. Snow Vill., Inc., 475 N.E.2d 1298 (Ohio Ct. App. 1984). “A cooperator-resident shares some of the characteristics of a “tenant” as defined in R.C. 5321.01(A). However, in actual terms, the cooperator could also be considered a type of landlord.”
Mercer v. Halmbacher, 2015 Ohio 4167 (Ohio Ct. App. 2015). “01(B) defines a landlord as “the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement.”
Brown v. Terrell, 2018 Ohio 2503 (Ohio Ct. App. 2018).
Vallejo v. Haynes, 2018 Ohio 4623 (Ohio Ct. App. 2018).
Staley v. Phillips, 2022 Ohio 2112 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 5321.01(E) — 10 cases
French v. Johnson (In Re Coomer), 375 B.R. 800 (Bankr. N.D. Ohio 2007). “O.R.C. § 5321.01, etseq. 3 . The parties to a lease could, of course, agree to a contrary arrangement.”
Vardeman v. Llewellyn, 476 N.E.2d 1038 (Ohio 1985).
Pool v. Insignia Residential Grp., 736 N.E.2d 507 (Ohio Ct. App. 1999).
Berning v. Lutheran Hous. Serv. 9, 2024 Ohio 1173 (Ohio Ct. App. 2024).
KGM Capital, L.L.C. v. Jackson, 2014 Ohio 2427 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 5321.01(F) — 3 cases
Gibson v. Shephard, 2017 Ohio 1157 (Ohio Ct. App. 2017). “01(F) (defining “dwelling unit”) with R.C. 5321.01(C) (defining “residential premises” as “a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of…”
Smith v. Cbert Props., L.L.C., 2019 Ohio 12 (Ohio Ct. App. 2019).
Lukehart v. West Ninth Street Partners, Inc., 738 N.E.2d 839 (Ohio Ct. App. 2000).
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