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(a) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household.
(b) “Landlord” means the owner, lessor, or sublessor of residential premises, his or her agent, or any person authorized by him or her to manage the premises or to receive rent from a tenant under a rental agreement.
(c) “Rental agreement” means any agreement or lease, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of residential premises by one (1) of the parties.
(d) “Residential premises” means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. “Residential premises” do not include any structures excluded from the definition found in RC 5321.01.
(e) “Tenant” means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others.
(Ord. No. 1844-A-99. Passed 7-18-01, eff. 7-26-01)
(a) A landlord and tenant may include in a rental agreement any terms and conditions, including the 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 this chapter, RC Chapter 5321, Chapter 240 regarding lead hazards, including Section 240.06 regarding disclosures regarding lead hazards in the lease of target housing, or with any other rule of law.
(b) In the event that a landlord and tenant have a rental agreement for a duration of six (6) months or more, and the rental agreement includes a provision for automatic renewal, the automatic renewal provision must be set forth in clear, unambiguous language and must be printed on the rental agreement in bold type that is at least twice the size of any other print on the page.
(c) If a rental agreement includes a provision that authorizes the landlord to assess the tenant a fee for late payment of the monthly rent, the total amount of that late payment fee for any month may not exceed the larger of: (i) twenty-five dollars ($25.00); or (ii) five percent (5%) of the monthly contract rent. In addition, the total amount of that late payment fee for any amount may not exceed twenty-five percent (25%) of the portion of the monthly contract rent that the tenant is obligated to pay under the rental agreement.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
(a) No provision of this chapter, Section 240.06 of the Codified Ordinances, or RC Chapter 5321 may be modified or waived by an 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 attorneys’ fees shall be recognized in any rental agreement for residential premises or in any other agreement between the landlord and tenant.
(d) No agreement by a tenant to the exculpation of 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 RC 5321.04.
(f) The landlord may agree to assume responsibility for fulfilling any duty or obligation imposed on a tenant by RC 5321.05, other than the obligation specified in division (A)(9) of that Section.
(g) A landlord who knowingly includes a provision in a lease that is prohibited by this section shall be liable for damages in favor of the tenant in an amount of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) for each violation, together with reasonable attorneys’ fees.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
Upon a tenant’s written request, the landlord shall provide the tenant with a signed receipt for the security deposit and all rental payments except for payments made by personal check of the tenant, at the time the security deposit or rental payments are made. The tenant may make this request for a receipt, relative to the security deposit and/or all rental payments, in one (1) written request. A tenant may bring an action for mandatory or injunctive relief to secure compliance with this section.
(Ord. No. 1844-A-99. Passed 7-18-01, eff. 7-26-01)
(a) A landlord who is a party to a rental agreement shall pay for the electric, gas, and water services for the tenant’s dwelling unit unless:
(1) The applicable utility service is provided to the tenant’s dwelling unit through an individual meter or submeter that measures usage only in the tenant’s dwelling unit; and
(2) The rental agreement provides that, with respect to the applicable utility service, the tenant shall pay only for the cost of the utility service that is provided through the individual meter or submeter during the tenancy; and
(3) The rental agreement provides that the tenant shall have reasonable access at all times to the individual meter or submeter, for the purpose of reading the meter or submeter; and the landlord grants the tenant such access to the individual meter or submeter; and
(4) The provisions in the rental agreement that implement this section are stated in clear and unambiguous language.
(Ord. No. 1844-A-99. Passed 7-18-01, eff. 7-26-01)
(a) Except in the case of an emergency or if it is impracticable to do so, a landlord shall give a tenant reasonable notice of his or her intent to enter the leased premises and enter only at reasonable times. Twenty- four (24) hours is presumed to be reasonable notice in the absence of evidence to the contrary.
(b) If a landlord makes an entry in violation of Section (a) hereof, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may:
(1) At the tenant’s option, either recover actual damages resulting from the entry or demands, or recover damages of an amount not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00);
(2) Obtain injunctive relief to prevent the recurrence of the conduct;
(3) Obtain a judgment for reasonable attorneys’ fees;
(4) Terminate the rental agreement.
(Ord. No. 1844-A-99. Passed 7-18-01, eff. 7-26-01)
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