(A) A tenant who is a party to a rental agreement shall do all of the following:
(1) Keep that part of the premises that he occupies and uses safe and sanitary;
(2) Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner;
(3) Keep all plumbing fixtures in the dwelling unit or used by him as clean as their condition permits;
(4) Use and operate all electrical and plumbing fixtures properly;
(5) Comply with the requirements imposed on tenants by all applicable state and local housing, health, and safety codes;
(6) Personally refrain and forbid any other person who is on the premises with his permission from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises;
(7) Maintain in good working order and condition any range, regrigerator, washer, dryer, dishwasher, or other appliances supplied by the landlord and required to be maintained by the tenant under the terms and conditions of a written rental agreement;
(8) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises;
(9) Conduct himself, and require persons in his household and persons on the premises with his consent to conduct themselves, in connection with the premises so as not to violate the prohibitions contained in Chapters 2925. and 3719. of the Revised Code, or in municipal ordinances that are substantially similar to any section in either of those chapters, which relate to controlled substances.
(B) The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver parcels that are too large for the tenant's mail facilities, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
(C)(1) If the tenant violates any provision of this section, other than division (A)(9) of this section, the landlord may recover any actual damages that result from the violation together with reasonable attorney's fees. This remedy is in addition to any right of the landlord to terminate the rental agreement, to maintain an action for the possession of the premises, or to obtain injunctive relief to compel access under division (B) of this section.
(2) If the tenant violates division (A)(9) of this section 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, then the landlord promptly shall give the notice required by division (C) of section 5321.17 of the Revised Code. If the tenant fails to vacate the premises within three days after the giving of that notice, then the landlord promptly shall comply with division (A)(9) of section 5321.04 of the Revised Code. For purposes of this division, actual knowledge or reasonable cause to believe as described in this division shall be determined in accordance with division (A)(6)(a)(i) of section 1923.02 of the Revised Code.
Notes of Decisions
Cited in 106
cases (29 in the last 5 years), 1980–2026 · leading case: Hensel v. Childress, 2019 Ohio 3934 (Ohio Ct. App. 2019).
Hensel v. Childress, 2019 Ohio 3934 (Ohio Ct. App. 2019). · cites it 16דIn October 2017, the trial court granted Hensel’s motion for summary judgment as to Childress’s liability for breach of lease and violations of his duties as a tenant under R.”
Levine v. Kellogg, 2020 Ohio 1246 (Ohio Ct. App. 2020). · cites it 17דThe trial court erred by finding, as a matter of law, that defendant Ken Kellogg, as landlord, did not incur any damages because he did not pay "out of pocket" for repairs to his property that was damaged by his tenants, and, further, by failing to award him damages arising from…”
Hines v. Riley, 717 N.E.2d 1133 (Ohio Ct. App. 1998). · cites it 12דTherefore, we find that the attorney fees Hines incurred do not fall within the scope of actual damages resulting from failure to keep the apartment free of rubbish as described in R.C. 5321.05. Accordingly, we overrule Hines’s second assignment of error.”
Oldendick v. Crocker, 2016 Ohio 5621 (Ohio Ct. App. 2016). · cites it 7דThe Tenth District held that the provision was unenforceable, reasoning as follows: A liquidated damages clause permitting the landlord to retain a security deposit without itemization of actual damages caused by reason of the tenant’s noncompliance with R.C. 5321.05 or the…”
Levine v. Kellogg, 2022 Ohio 3440 (Ohio Ct. App. 2022). · cites it 14דWe concluded, therefore, that the case must be remanded for the trial court to determine "upon consideration of a 'reasonable wear and tear standard,' Bibler at ¶ 20, whether the tenants may be subject to liability for extraordinary damages under R.C. 5321.05, and in the event…”
Vardeman v. Llewellyn, 476 N.E.2d 1038 (Ohio 1985). · cites it 6דSubsection (B) permits the landlord, upon termination of the rental agreement, to apply the security deposit in payment of any past due rent and for damages the landlord may have suffered by reason of the tenant not having complied with the requirements of R.C. 5321.05.…”
Snyder v. Waldron, 2013 Ohio 3416 (Ohio Ct. App. 2013). · cites it 15ד01 damages plus $1,200 rent) and attorney fees, pursuant to R.C. 5321.05. The court further found United Ohio Insurance Company was entitled to $2,108.”
Christen v. Cont'l Ents., Ltd., 2020 Ohio 3665 (Ohio Ct. App. 2020). · cites it 4ד16(B) and (C) provides: (B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the…”
Albreqt v. Chen, 477 N.E.2d 1150 (Ohio Ct. App. 1983). · cites it 7ד] * * *” In the Riding Club Apartments case, the Court of Appeals for Franklin County held: “A liquidated damages clause permitting the landlord to retain a security deposit without itemization of actual damages caused by reason of tenant's noncompliance with R.C. 5321.05 or the…”
Smith v. Padgett, 513 N.E.2d 737 (Ohio 1987). · cites it 3דThose subsections provide, in pertinent part: ‘ ‘(B) Upon termination of the rental agreement any property or money held by the landlord as a security-deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has…”
Spinner v. Barger, 2017 Ohio 1489 (Ohio Ct. App. 2017). · cites it 8ד{¶7} As an initial matter, we note that the trial court properly determined that plaintiffs are entitled to attorney fees in this case after concluding that defendants violated R.C. 5321.05. See Kinn v. Showe Mgt. Corp.”
Anderson v. Ceccardi, 451 N.E.2d 780 (Ohio 1983). · cites it 2דt 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…”
Hensel v. Childress, 2019 Ohio 3934 (Ohio Ct. App. 2019). “In October 2017, the trial court granted Hensel’s motion for summary judgment as to Childress’s liability for breach of lease and violations of his duties as a tenant under R.”
Hines v. Riley, 717 N.E.2d 1133 (Ohio Ct. App. 1998). “Therefore, we find that the attorney fees Hines incurred do not fall within the scope of actual damages resulting from failure to keep the apartment free of rubbish as described in R.C. 5321.05. Accordingly, we overrule Hines’s second assignment of error.”
Levine v. Kellogg, 2020 Ohio 1246 (Ohio Ct. App. 2020). “The trial court erred by finding, as a matter of law, that defendant Ken Kellogg, as landlord, did not incur any damages because he did not pay "out of pocket" for repairs to his property that was damaged by his tenants, and, further, by failing to award him damages arising from…”
Snyder v. Waldron, 2013 Ohio 3416 (Ohio Ct. App. 2013). “01 damages plus $1,200 rent) and attorney fees, pursuant to R.C. 5321.05. The court further found United Ohio Insurance Company was entitled to $2,108.”
Hensel v. Childress, 2019 Ohio 3934 (Ohio Ct. App. 2019). “In October 2017, the trial court granted Hensel’s motion for summary judgment as to Childress’s liability for breach of lease and violations of his duties as a tenant under R.”
Christen v. Cont'l Ents., Ltd., 2020 Ohio 3665 (Ohio Ct. App. 2020). “16(B) and (C) provides: (B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the…”
Hines v. Riley, 717 N.E.2d 1133 (Ohio Ct. App. 1998). “Therefore, we find that the attorney fees Hines incurred do not fall within the scope of actual damages resulting from failure to keep the apartment free of rubbish as described in R.C. 5321.05. Accordingly, we overrule Hines’s second assignment of error.”
Hines v. Riley, 717 N.E.2d 1133 (Ohio Ct. App. 1998). “Therefore, we find that the attorney fees Hines incurred do not fall within the scope of actual damages resulting from failure to keep the apartment free of rubbish as described in R.C. 5321.05. Accordingly, we overrule Hines’s second assignment of error.”
Hensel v. Childress, 2019 Ohio 3934 (Ohio Ct. App. 2019). “In October 2017, the trial court granted Hensel’s motion for summary judgment as to Childress’s liability for breach of lease and violations of his duties as a tenant under R.”
Vardeman v. Llewellyn, 476 N.E.2d 1038 (Ohio 1985). “Subsection (B) permits the landlord, upon termination of the rental agreement, to apply the security deposit in payment of any past due rent and for damages the landlord may have suffered by reason of the tenant not having complied with the requirements of R.C. 5321.05.…”
Levine v. Kellogg, 2020 Ohio 1246 (Ohio Ct. App. 2020). “The trial court erred by finding, as a matter of law, that defendant Ken Kellogg, as landlord, did not incur any damages because he did not pay "out of pocket" for repairs to his property that was damaged by his tenants, and, further, by failing to award him damages arising from…”
Snyder v. Waldron, 2013 Ohio 3416 (Ohio Ct. App. 2013). “01 damages plus $1,200 rent) and attorney fees, pursuant to R.C. 5321.05. The court further found United Ohio Insurance Company was entitled to $2,108.”
— Ohio Rev. Code § 5321.05(C)(1) — 13 cases
Hensel v. Childress, 2019 Ohio 3934 (Ohio Ct. App. 2019). “In October 2017, the trial court granted Hensel’s motion for summary judgment as to Childress’s liability for breach of lease and violations of his duties as a tenant under R.”
Spinner v. Barger, 2017 Ohio 1489 (Ohio Ct. App. 2017). “{¶7} As an initial matter, we note that the trial court properly determined that plaintiffs are entitled to attorney fees in this case after concluding that defendants violated R.C. 5321.05. See Kinn v. Showe Mgt. Corp.”
Christen v. Cont'l Ents., Ltd., 2020 Ohio 3665 (Ohio Ct. App. 2020). “16(B) and (C) provides: (B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the…”
Snyder v. Waldron, 2013 Ohio 3416 (Ohio Ct. App. 2013). “01 damages plus $1,200 rent) and attorney fees, pursuant to R.C. 5321.05. The court further found United Ohio Insurance Company was entitled to $2,108.”
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