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Ohio Revised Code

Ohio Rev. Code § 5321.13 (2026)

Terms prohibited in rental agreement

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Effective:
August 22, 1990
Latest Legislation:
Senate Bill 258 - 118th General Assembly
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(A) No provision of this chapter may be modified or waived by any oral or written agreement except as provided in division (F) of this section.

(B) No warrant of attorney to confess judgment shall be recognized in any rental agreement or in any other agreement between a landlord and tenant for the recovery of rent or damages to the residential premises.

(C) No agreement to pay the landlord's or tenant's attorney's fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant.

(D) No agreement by a tenant to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or its related costs shall be recognized in any rental agreement or in any other agreement between a landlord and tenant.

(E) A rental agreement, or the assignment, conveyance, trust deed, or security instrument of the landlord's interest in the rental agreement may not permit the receipt of rent free of the obligation to comply with section 5321.04 of the Revised Code.

(F) The landlord may agree to assume responsibility for fulfilling any duty or obligation imposed on a tenant by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section.
Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1981–2026 · leading case: Hensel v. Childress, 2019-Ohio-3934, 145 N.E.3d 1159.
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Hensel v. Childress, 2019-Ohio-3934, 145 N.E.3d 1159. · cites it 2× “Attorney Fees {¶15} Childress argues that R.C. 5321.13(C) prohibits the award of attorney fees.”
Oldendick v. Crocker, 2016-Ohio-5621, 70 N.E.3d 1033. · cites it 2× “18, (4) failure to mitigate damages and for refund of deposit and (5) a claim that the lease was void and unenforceable because it included unconscionable clauses in violation R.C. 5321.13 and 5321.15(B) and a liquidated damages provision “not related to any actual loss of…”
Timoneri v. NorthSteppe Realty, Inc., 2016-Ohio-5901, 71 N.E.3d 630. · cites it 2× “Consequently, we conclude that the agreement between Frank and Timoneri did not permit NorthSteppe to dodge the mandatory duties imposed on it by R.”
Miller v. Ritchie, 543 N.E.2d 1265 (Ohio 1989). · cites it 2× “R.C. 5321.13 4 ; 5321.06. 5 1 Restatement of the Law 2d, Property, Landlord & Tenant (1977) 360, Section 11.”
KGM Capital, L.L.C. v. Jackson, 2014-Ohio-2427. · cites it 4× “” R.C. 5321.13 bars certain rental agreement terms.”
Fast Prop. Solutions, Inc. v. Jurczenko, 2013-Ohio-60. “Jurczenko’s affidavit in which he averred that he had unilaterally rescinded the Modification Lease Purchase Agreement on May 31, 2008 (the date the payment was due), because he believed it to be a violation of R.C. 5321.13(B), which prohibits the use of a warrant of attorney to…”
Thomas v. Papadelis, 476 N.E.2d 726 (Ohio Ct. App. 9th Dist. 1984). “See R.C. 5321.13(A). Thus, the trial court was entitled to find as a matter of law that this provision was not enforceable.”
Showe Mgt. Corp. v. Mountjoy, 2020-Ohio-2772, 154 N.E.3d 141. “-6- Clinton CA2019-06-012 See R.C. 5321.13(A). However, a tenant has reciprocal obligations under the act, including a responsibility to keep the premises in a safe, sanitary condition.”
Allstate Ins. v. Dorsey, 545 N.E.2d 920 (Ohio Ct. App. 1988). “R.C. 5321.13(F) provides that the landlord may agree to assume the responsibility for fulfilling any duty or obligation imposed upon a tenant.”
Riding Club Apts. v. Sargent, 440 N.E.2d 1368 (Ohio Ct. App. 10th Dist. 1981). “” R.C. 5321.13 bars certain rental agreement terms; however, a liquidated damages clause for retention of a security deposit is not a term that is barred therein.”
Jenkins v. Roger C. Perry & Co., 614 N.E.2d 850 (Ohio Ct. App. 10th Dist. 1992). · cites it 2× “” And more significantly as it relates to the instant case, where the parties had agreed, by lease provision, that tenants would pay for water, the court in Hodgson stated: “A rental agreement requiring a tenant to pay for running water is, therefore, not barred by R.C.…”
Doolittle v. Montgomery, 2026-Ohio-1935. · cites it 12× “25 JE 0025 – 11 – APPELLANT’S PRE-LEASE VIEWING IN CONTRAVENTION OF THE NONWAIVER PROVISIONS OF R.C. 5321.13 AND OHIO’S STATUTORY WARRANTY OF HABITABILITY.”
Show all 16 citing cases →
Ohio Rev. Code § 5321.13(A): 5 cases
Timoneri v. NorthSteppe Realty, Inc., 2016-Ohio-5901, 71 N.E.3d 630. “Consequently, we conclude that the agreement between Frank and Timoneri did not permit NorthSteppe to dodge the mandatory duties imposed on it by R.”
Thomas v. Papadelis, 476 N.E.2d 726 (Ohio Ct. App. 9th Dist. 1984). “See R.C. 5321.13(A). Thus, the trial court was entitled to find as a matter of law that this provision was not enforceable.”
Showe Mgt. Corp. v. Mountjoy, 2020-Ohio-2772, 154 N.E.3d 141. “-6- Clinton CA2019-06-012 See R.C. 5321.13(A). However, a tenant has reciprocal obligations under the act, including a responsibility to keep the premises in a safe, sanitary condition.”
Berning v. Lutheran Hous. Serv. 9, 2024-Ohio-1173, 241 N.E.3d 816.
Doolittle v. Montgomery, 2026-Ohio-1935. “25 JE 0025 – 11 – APPELLANT’S PRE-LEASE VIEWING IN CONTRAVENTION OF THE NONWAIVER PROVISIONS OF R.C. 5321.13 AND OHIO’S STATUTORY WARRANTY OF HABITABILITY.”
Ohio Rev. Code § 5321.13(B): 1 case
Fast Prop. Solutions, Inc. v. Jurczenko, 2013-Ohio-60. “Jurczenko’s affidavit in which he averred that he had unilaterally rescinded the Modification Lease Purchase Agreement on May 31, 2008 (the date the payment was due), because he believed it to be a violation of R.C. 5321.13(B), which prohibits the use of a warrant of attorney to…”
Ohio Rev. Code § 5321.13(C): 6 cases
Hensel v. Childress, 2019-Ohio-3934, 145 N.E.3d 1159. “Attorney Fees {¶15} Childress argues that R.C. 5321.13(C) prohibits the award of attorney fees.”
Oldendick v. Crocker, 2016-Ohio-5621, 70 N.E.3d 1033. “18, (4) failure to mitigate damages and for refund of deposit and (5) a claim that the lease was void and unenforceable because it included unconscionable clauses in violation R.C. 5321.13 and 5321.15(B) and a liquidated damages provision “not related to any actual loss of…”
KGM Capital, L.L.C. v. Jackson, 2014-Ohio-2427. “” R.C. 5321.13 bars certain rental agreement terms.”
Knipp v. Sadler, 2009-Ohio-4444.
Kott Ents., Ltd. v. McClain, 2016-Ohio-325.
Ohio Rev. Code § 5321.13(E): 1 case
Doolittle v. Montgomery, 2026-Ohio-1935. “25 JE 0025 – 11 – APPELLANT’S PRE-LEASE VIEWING IN CONTRAVENTION OF THE NONWAIVER PROVISIONS OF R.C. 5321.13 AND OHIO’S STATUTORY WARRANTY OF HABITABILITY.”
Ohio Rev. Code § 5321.13(F): 2 cases
Timoneri v. NorthSteppe Realty, Inc., 2016-Ohio-5901, 71 N.E.3d 630. “Consequently, we conclude that the agreement between Frank and Timoneri did not permit NorthSteppe to dodge the mandatory duties imposed on it by R.”
Allstate Ins. v. Dorsey, 545 N.E.2d 920 (Ohio Ct. App. 1988). “R.C. 5321.13(F) provides that the landlord may agree to assume the responsibility for fulfilling any duty or obligation imposed upon a tenant.”
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