Ohio Revised Code

Ohio Rev. Code § 5321.06 (2026)

Terms and conditions of rental agreement

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A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321. of the Revised Code or any other rule of law.

Notes of Decisions
Cited in 24 cases (6 in the last 5 years), 1981–2025 · leading case: Oldendick v. Crocker, 2016-Ohio-5621, 70 N.E.3d 1033.
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Oldendick v. Crocker, 2016-Ohio-5621, 70 N.E.3d 1033. · cites it 3× “” R.C. 5321.06. R.C. 5321.16 sets forth the procedures, rights and obligations of landlords and tenants with respect to security deposits.”
Timoneri v. NorthSteppe Realty, Inc., 2016-Ohio-5901, 71 N.E.3d 630. · cites it 4× “{¶ 33} In arguing to the contrary, NorthSteppe asserts that R.C. 5321.06 allows an original tenant and a replacement tenant to enter into an agreement that exempts the landlord from complying with R.”
Ozdemir v. Boldt, 2018-Ohio-5008. · cites it 3× “R.C. 5321.06 provides: “A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent…”
Allstate Ins. v. Dorsey, 545 N.E.2d 920 (Ohio Ct. App. 1988). · cites it 2× “R.C. 5321.06. Since Paragraph 8 of the rental agreement makes Dorsey liable for all damages caused by anyone’s carelessness, that provision is inconsistent with R.”
Fennell v. DeMichiei, 2019-Ohio-252. “{¶18} R.C. 5321.06 provides as follows: A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are…”
Albreqt v. Chen, 477 N.E.2d 1150 (Ohio Ct. App. 6th Dist. 1983). “16(B), may not be included in a rental agreement and is not enforceable (R.C. 5321.06).” (Emphasis added.) As applied to the facts herein, we adopt and follow the rationale of the opinion of the Tenth District Court of Appeals in Riding Club Apts.”
Aetna Cas. & Sur. Co. v. Neff, 30 F. Supp. 2d 990 (S.D. Ohio 1998). · cites it 5× “See, O.R.C. § 5321.06; Dorsey , 46 Ohio St.App.”
Miller v. Ritchie, 543 N.E.2d 1265 (Ohio 1989). “” R.C. 5321.06 provides: “A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent…”
KGM Capital, L.L.C. v. Jackson, 2014-Ohio-2427. · cites it 2× “{¶20} R.C. 5321.06 provides that “[a] landlord and tenant may include in a rental agreement any terms and conditions * * * that are not inconsistent with or prohibited by R.”
Riding Club Apts. v. Sargent, 440 N.E.2d 1368 (Ohio Ct. App. 10th Dist. 1981). · cites it 2× “R.C. 5321.06 provides as follows: *147 “A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are…”
Levine v. Kellogg, 2022-Ohio-3440. “R.C. 5321.06. It is immaterial that the liquidated damages clause might otherwise be enforceable as such rather than being found to be a penalty.”
Brunswick Ltd. P'ship v. Feudo, 870 N.E.2d 804 (Ohio Ct. App. 11th Dist. 2007). · cites it 2× “{¶ 11} Whether the subject provision constitutes an illegal penalty provision or a liquidated damages provision depends on the facts and circumstances of each case, 2 but the overriding legal principle applicable to this case is contained in R.C. 5321.06, which provides: {¶ 12}…”
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