(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.
(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.
Mann v. Northgate Investors, L.L.C., 2014 Ohio 455 (Ohio 2014). · cites it 36ד{¶ 4} Mann countered that Ohio’s Landlord-Tenant Act, in particular, R.C. 5321.04, imposes a duty on landlords to make all necessary repairs and to do whatever is necessary to keep the premises in a fit and habitable condition, to keep common areas of the premises safe, and to…”
Arnett v. Mong, 2016 Ohio 2893 (Ohio Ct. App. 2016). · cites it 14דSpecifically, Arnett claims Mong violated R.C. 5321.04 which provides: (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…”
Goodman v. Dan Rich, L.L.C., 2021 Ohio 690 (Ohio Ct. App. 2021). · cites it 27דThe complaint raises claims for common-law negligence and for violations of statutory duties imposed by R.C. 5321.04 under Ohio’s Landlord- Tenant Act.”
Sikora v. Wenzel, 88 Ohio St. 3d 493 (Ohio 2000). · cites it 8ד, supra, this court set forth the broad principle that landlords are subject to tort liability for violations of R.C. 5321.04. Shroades, syllabus. Having decided that issue, the court concluded that a landlord’s failure to make repairs as required by R.”
Robinson v. Bates, 857 N.E.2d 1195 (Ohio 2006). · cites it 4ד04(A)(2) provides that a landlord who is a party to a rental agreement shall “[m]ake all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.”
Chasteen v. Dix Road Prop. Mgt., L.L.C., 2021 Ohio 463 (Ohio Ct. App. 2021). · cites it 9ד07(A) Notice {¶33} R.C. 5321.04 requires that a landlord "make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.”
LaCourse v. Fleitz, 503 N.E.2d 159 (Ohio 1986). · cites it 7דThere is no indication to be found in the language of R.C. 5321.04 (A)(3) that the legislature intended by its enactment to impose a novel duty on landlords to keep common areas free of ice and snow.”
Sikora v. Wenzel, 2000 Ohio 406 (Ohio 2000). · cites it 12ד, supra, this court set forth the broad principle that landlords are subject to tort liability for violations of R.C. 5321.04. Shroades, syllabus. Having decided that issue, the court concluded that a landlord’s failure to make repairs as required by R.”
Capella v. Historic Developers, L.L.C., 2018 Ohio 546 (Ohio Ct. App. 2018). · cites it 11דNegligence Per Se: Historic Developers {¶ 44} Capella argues Historic Developers was not entitled to summary judgment on - 14 - Butler CA2017-07-109 her negligence per se claim because the evidence, when viewed in a light most favorable to her, creates a genuine issue of…”
Wallace v. Ohio Dep't of Com., 96 Ohio St. 3d 266 (Ohio 2002). · cites it 3ד{¶ 101} In Shroades , we held that “[a] landlord is liable for injuries, sustained on the demised residential premises, which are proximately caused by the landlord’s failure to fulfill the duties imposed by R.C. 5321.04.” Id., 68 Ohio St.2d 20 , 22 0.”
Wochele v. Veard Willoughby Ltd. P'ship, 2017 Ohio 8807 (Ohio Ct. App. 2017). · cites it 11דSpecifically, he cites to R.C. 5321.04(A), which sets forth certain duties owed by landlords to tenants.”
St. Germain v. Newell, 2015 Ohio 3713 (Ohio Ct. App. 2015). · cites it 18דIn the reply, Newell argued that the open and obvious doctrine applied if there was no breach of R.C. 5321.04. Newell argued there was 2 We would note that the first time Negligence per se based on a violation of R.”
Wochele v. Veard Willoughby Ltd. P'ship, 2017 Ohio 8807 (Ohio Ct. App. 2017). “Specifically, he cites to R.C. 5321.04(A), which sets forth certain duties owed by landlords to tenants.”
Mann v. Northgate Investors, L.L.C., 2014 Ohio 455 (Ohio 2014). “{¶ 4} Mann countered that Ohio’s Landlord-Tenant Act, in particular, R.C. 5321.04, imposes a duty on landlords to make all necessary repairs and to do whatever is necessary to keep the premises in a fit and habitable condition, to keep common areas of the premises safe, and to…”
Arnett v. Mong, 2016 Ohio 2893 (Ohio Ct. App. 2016). “Specifically, Arnett claims Mong violated R.C. 5321.04 which provides: (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…”
Mann v. Northgate Investors, L.L.C., 2014 Ohio 455 (Ohio 2014). “{¶ 4} Mann countered that Ohio’s Landlord-Tenant Act, in particular, R.C. 5321.04, imposes a duty on landlords to make all necessary repairs and to do whatever is necessary to keep the premises in a fit and habitable condition, to keep common areas of the premises safe, and to…”
Sikora v. Wenzel, 88 Ohio St. 3d 493 (Ohio 2000). “, supra, this court set forth the broad principle that landlords are subject to tort liability for violations of R.C. 5321.04. Shroades, syllabus. Having decided that issue, the court concluded that a landlord’s failure to make repairs as required by R.”
Capella v. Historic Developers, L.L.C., 2018 Ohio 546 (Ohio Ct. App. 2018). “Negligence Per Se: Historic Developers {¶ 44} Capella argues Historic Developers was not entitled to summary judgment on - 14 - Butler CA2017-07-109 her negligence per se claim because the evidence, when viewed in a light most favorable to her, creates a genuine issue of…”
Goodman v. Dan Rich, L.L.C., 2021 Ohio 690 (Ohio Ct. App. 2021). “The complaint raises claims for common-law negligence and for violations of statutory duties imposed by R.C. 5321.04 under Ohio’s Landlord- Tenant Act.”
Sikora v. Wenzel, 2000 Ohio 406 (Ohio 2000). “, supra, this court set forth the broad principle that landlords are subject to tort liability for violations of R.C. 5321.04. Shroades, syllabus. Having decided that issue, the court concluded that a landlord’s failure to make repairs as required by R.”
Robinson v. Bates, 857 N.E.2d 1195 (Ohio 2006). “04(A)(2) provides that a landlord who is a party to a rental agreement shall “[m]ake all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.”
Arnett v. Mong, 2016 Ohio 2893 (Ohio Ct. App. 2016). “Specifically, Arnett claims Mong violated R.C. 5321.04 which provides: (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…”
Mann v. Northgate Investors, L.L.C., 2014 Ohio 455 (Ohio 2014). “{¶ 4} Mann countered that Ohio’s Landlord-Tenant Act, in particular, R.C. 5321.04, imposes a duty on landlords to make all necessary repairs and to do whatever is necessary to keep the premises in a fit and habitable condition, to keep common areas of the premises safe, and to…”
St. Germain v. Newell, 2015 Ohio 3713 (Ohio Ct. App. 2015). “In the reply, Newell argued that the open and obvious doctrine applied if there was no breach of R.C. 5321.04. Newell argued there was 2 We would note that the first time Negligence per se based on a violation of R.”
Goodman v. Dan Rich, L.L.C., 2021 Ohio 690 (Ohio Ct. App. 2021). “The complaint raises claims for common-law negligence and for violations of statutory duties imposed by R.C. 5321.04 under Ohio’s Landlord- Tenant Act.”
— Ohio Rev. Code § 5321.04(A)(3) — 26 cases
Mann v. Northgate Investors, L.L.C., 2014 Ohio 455 (Ohio 2014). “{¶ 4} Mann countered that Ohio’s Landlord-Tenant Act, in particular, R.C. 5321.04, imposes a duty on landlords to make all necessary repairs and to do whatever is necessary to keep the premises in a fit and habitable condition, to keep common areas of the premises safe, and to…”
LaCourse v. Fleitz, 503 N.E.2d 159 (Ohio 1986). “There is no indication to be found in the language of R.C. 5321.04 (A)(3) that the legislature intended by its enactment to impose a novel duty on landlords to keep common areas free of ice and snow.”
St. Germain v. Newell, 2015 Ohio 3713 (Ohio Ct. App. 2015). “In the reply, Newell argued that the open and obvious doctrine applied if there was no breach of R.C. 5321.04. Newell argued there was 2 We would note that the first time Negligence per se based on a violation of R.”
Wochele v. Veard Willoughby Ltd. P'ship, 2017 Ohio 8807 (Ohio Ct. App. 2017). “Specifically, he cites to R.C. 5321.04(A), which sets forth certain duties owed by landlords to tenants.”
Chasteen v. Dix Road Prop. Mgt., L.L.C., 2021 Ohio 463 (Ohio Ct. App. 2021). “07(A) Notice {¶33} R.C. 5321.04 requires that a landlord "make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.”
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