Tips for Tenants is a column on renters’ rights from Legal Aid of Southeast and Central Ohio that offers guidance to renters on navigating common issues.
Whose property is it?
The landlord owns the rented property, but the tenant owns the “possessory interest” in that property for the term of the lease. That means that the tenant and their invited guests are the people who have the right to be in and on the property. It means that the tenant has the “right to exclude” others from the property. Possessory interest is what the tenant is purchasing with their rent payments.
When must I allow the landlord to enter the property?
Ohio law forbids tenants from unreasonably withholding consent for the landlord or their workers to enter the property when it is for the following permissible reasons:
- To inspect the property;
- To make ordinary or necessary repairs;
- To make other repairs or improvements that the tenant has agreed to;
- To deliver parcels that are too large for the tenant’s mailbox;
- To supply necessary or agreed-upon services to the tenant; or
- To show the property to prospective tenants, purchasers, workers/repair persons, or the bank that holds the mortgage.
What notice must the landlord give before entering the property?
Ohio law requires landlords to give tenants reasonable notice of all permissible entries, including those by code inspectors. Except in the case of emergency, the notice must be given at least 24 hours in advance of the entry, unless the landlord can provide evidence that it is impracticable to do so or that another time frame is reasonable.
All permissible entries except in the case of emergency must be made at reasonable times and in a reasonable manner. The landlord may not continue to make demands to enter the property for permissible reasons when it has the effect of harassing the tenant.
If the landlord makes unauthorized entries, what can the tenant do about it?
Ohio law is strict when it comes to unauthorized entries by landlords and unreasonable demands to enter. When they occur, the tenant has the following statutory rights:
- To apply to the local court for an order that the landlord cease the unlawful activities;
- To recover any actual damages that may have occurred due to the unauthorized entries or unreasonable demands;
- To have the landlord pay the tenant’s reasonable attorney fees for obtaining the court’s judgment; or
- To unilaterally terminate the rental agreement.
If you are an Ohio University student, you may be eligible for legal assistance at Center for Student Legal Services (740) 594-8093. For non-students, you can call the intake line for the Legal Aid of Southeast and Central Ohio at 844-302-1800 to be screened. Both organizations have offices in Athens.
