However, if the landlord commences an action under paragraph 5321.04, the tenant can still claim damages for a breach of the lease by the landlord or failure to comply with his obligations. At no time is an owner allowed to enter the premises of a rental property. The (1) tenant does not pay rent, as required by the tenancy agreement; Ohio law has no specific rules for pardon times. It is up to the landlord to decide whether to allow a tenant to pay rent without penalty after the effective due date, z.B. up to five days after the first of the month. Once the tenancy agreement is completed, the landlord can apply the deposit to the payment of the outstanding rent and the payment of the amount of damages to the property. Within thirty days of the termination of the lease and the delivery of the property, each amount deducted from the deposit must be broken down by the lessor in a written notification to the tenant, accompanied by the amount due. If the lessor does not comply, the tenant can recover the deposit and the damages corresponding to the improperly withheld amount and reasonable legal fees. However, if the tenant does not provide a transfer address or new address to the landlord, the tenant is not entitled to damages or legal fees. The tenant cannot refuse access to the landlord if the landlord makes reasonable use and/or notice.
If the tenant does not fulfil these obligations, the landlord may terminate the tenancy agreement in accordance with 5321.11, by providing the tenant with a written opinion on the specific behaviour that constitutes a breach of the tenant`s obligations. The written notification also indicates the date on which the tenancy agreement ends, but this date may not be less than thirty days after the tenant`s registration. If the tenant does not notice the behaviour observed by the landlord in the written communication, the rental agreement is established as indicated in the notice of contract. If the landlord comes against the tenant, the tenant is authorized, in accordance with the Ohio Revised Code Section 5321.02, to use the landlord`s retaliation to defend against an action by the landlord to restore ownership of the premises; (2) reclaim ownership of the premises; or (3) to terminate the lease. The tenant may also be able to recover real damages as well as reasonable legal fees. However, a landlord may increase the rent on the basis of improvements made by the landlord on the site or due to an increase in the operating costs of the premises. There are no restrictions on the amount a landlord can charge for late fees, but these fees are in addition to the normal or weekly monthly rent and the rental agreement must indicate the exact amount the landlord will charge. Tenants can complain by law to a public authority about a violation of the health or safety of the rented property without fear of reprisals from the landlord.