Loading...
(a) A tenant who is a party to a rental agreement shall do all of the following:
(1) Keep that part of the premises that he or she occupies and uses safe and sanitary;
(2) Dispose of all rubbish, garbage, and other waste in a clean, safe and sanitary manner;
(3) Keep all plumbing fixtures in the dwelling unit or used by him or her as clean as their condition permits;
(4) Use and operate all electrical and plumbing fixtures properly;
(5) Comply with the requirements imposed on tenants by all applicable state and local housing, health and safety codes;
(6) Personally refrain and forbid any other person who is on the premises with his or her permission from intentionally or negligently destroying, defacing, damaging or removing any fixture, appliance or other part of the premises;
(7) Maintain in good working order and condition any range, refrigerator, washer, dryer, dishwasher or other appliances supplied by the landlord and required to be maintained by the tenant under the terms and conditions of a written rental agreement;
(8) Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb his or her neighbors’ peaceful enjoyment of the premises; and
(9) Conduct himself or herself, and require persons in his or her household and persons on the premises with his or her consent to conduct themselves, in connection with the premises so as not to violate the prohibitions contained in Ohio R.C. Chapters 2925 and 3719, or in municipal ordinances that are substantially similar to any section in either of those chapters, which relate to controlled substances.
(b) The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary or agreed repairs, decorations, alterations or improvements, deliver parcels that are too large for the tenant’s mail facilities, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.
(c) (1) If the tenant violates any provision of this section, other than division (a)(9) of this section, the landlord may recover any actual damages that result from the violation together with reasonable attorneys’ fees. This remedy is in addition to any right of the landlord to terminate the rental agreement; to maintain an action for the possession of the premises; or to obtain injunctive relief to compel access under division (b) above.
(2) If the tenant violates division (a)(9) above and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant’s household or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of Ohio R.C. § 1923.02, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in that division, then the landlord promptly shall give the notice required by Ohio R.C. § 5321.17(C). If the tenant fails to vacate the premises within three days after the giving of that notice then the landlord promptly shall comply with division (A)(9) of Ohio R.C. § 5321.04. For purposes of this division (c), actual knowledge or reasonable cause to believe as described in this division (c) shall be determined in accordance with division (A)(6)(a)(i) of Ohio R.C. § 1923.02.
(Ord. 53-08, passed 2-17-2009)
(a) (1) No tenant of any residential premises located within 1,000 feet of any school premises or preschool or child day-care center premises shall allow any person to occupy these residential premises if both of the following apply regarding the person:
A. The person’s name appears on the state registry of sex offenders and child-victim offenders maintained under Ohio R.C. § 2950.13; and
B. The state registry of sex offenders and child-victim offenders indicates that the person was convicted of or pleaded guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(2) If a tenant allows occupancy in violation of this section or a person establishes a residence or occupies residential premises in violation of Ohio R.C. § 2950.034, the landlord for the residential premises that are the subject of the rental agreement or other tenancy may terminate the rental agreement or other tenancy of the tenant and all other occupants.
(b) If a landlord is authorized to terminate a rental agreement or other tenancy pursuant to division (a) above but does not so terminate the rental agreement or other tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death or loss to person or property that allegedly results from that decision.
(Ord. 53-08, passed 2-17-2009)
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 written request. A tenant may bring an action for mandatory or injunctive relief to secure compliance with this section.
(Ord. 53-08, passed 2-17-2009)
(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;
(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;
(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.
(b) Landlords receiving notice of any threat to shut off any utility or services shall, within 48 hours of receipt of said notice, advise tenants of said threat by leaving a copy of such notice under the door of the main entrance to the tenants’ premises.
(Ord. 53-08, passed 2-17-2009)
Landlords receiving notice of any threat to the filing of a foreclosure or any other legal action that may result in the tenant being deprived of his or her right to peaceful enjoyment of the leased premises, shall within 48 hours of receipt of said notice, advise tenants by leaving a copy of such notice, or other written notice, under the door of the main entrance to the tenants’ premises.
(Ord. 53-08, passed 2-17-2009)
(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 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 division (a) above, 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 $50 nor more than $500;
(2) Obtain injunctive relief to prevent the recurrence of the conduct;
(3) Obtain a judgment for reasonable attorneys’ fees; and/or
(4) Terminate the rental agreement.
(Ord. 53-08, passed 2-17-2009)
(a) No landlord of residential premises shall initiate any act, including the termination of utilities or services, exclusion from the premises, or threat of any unlawful act against a tenant or a tenant whose right to possession has been terminated, for the purpose of recovering possession of residential premises, other than as provided in Ohio R.C. Chapters 1923, 5303 and 5321.
(b) No landlord of residential premises shall seize the furnishings or possessions of a tenant, or of a tenant whose right to possession has terminated, for the purpose of recovering rent payments, other than in accordance with an order by a court of competent jurisdiction.
(c) A landlord who violates this section shall be liable in a civil action for: at the tenant’s option, either all damages caused to the tenant or to the tenant whose right to possession has been terminated, or damages of an amount not less than $50 nor more than $500; and the tenant’s reasonable attorneys’ fees.
(Ord. 53-08, passed 2-17-2009)
(a) Subject to division (d) below, a landlord may not retaliate against a tenant by increasing the tenant’s rent, decreasing services that are due to the tenant, bringing or threatening to bring an action for possession of the tenant’s premises, terminating or threatening to terminate the tenant’s rental agreement, or refusing to renew the tenant’s rental agreement or to continue the tenant’s tenancy because:
(1) The tenant has complained to an appropriate government agency of a violation of a building, housing, health or safety code that is applicable to the premises, and the violation materially affects health and safety;
(2) The tenant has complained to the landlord of any violation of Ohio R.C. § 5321.04; or
(3) The tenant has joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreement.
(b) (1) If a landlord acts in violation of division (a) above, the tenant may:
A. Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises;
B. Recover possession of the premises; or
C. Terminate the rental agreement.
(2) In addition, the tenant may recover from the landlord, at the tenant’s option, either any actual damages, together with reasonable attorneys’ fees, or damages of not less than $50 nor more than $500, together with reasonable attorneys’ fees.
(c) Nothing in division (a) above shall prohibit a landlord from increasing the rent to reflect the cost of improvements installed by the landlord in or about the premises or to reflect an increase in other costs of operation of the premises.
(d) Notwithstanding divisions (a) and (b) above, a landlord may bring an action under Ohio R.C. Chapter 1923 for possession of the premises if:
(1) The tenant is in default in the payment of rent;
(2) The violation of the applicable building, housing, health or safety code that the tenant complained of was primarily caused by any act or lack of reasonable care by the tenant or by any other person in the tenant’s household, or by anyone on the premises with the consent of the tenant; or
(3) Compliance with the applicable building, housing, health or safety code would require alteration, remodeling or demolition of the premises which would effectively deprive the tenant of the use of the dwelling unit.
(e) The maintenance of an action by the landlord under division (d) above does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement or of Ohio R.C. § 5321.04.
(Ord. 53-08, passed 2-17-2009)
(a) This section applies only to residential premises that are located in a multi-family structure or a multi-family development.
(b) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MULTI-FAMILY STRUCTURE
. A structure that contains 30 or more dwelling units.
MULTI-FAMILY DEVELOPMENT.
A tract of land or contiguous tracts of land on which there are 30 or more dwelling units of the same landlord.
MULTI-FAMILY STRUCTURE OR DEVELOPMENT.
A multi-family structure or a multi-family development.
SAFETY DIRECTOR.
The Safety Director of the city or his or her designee.
SECURITY AUDIT.
The procedure in which:
A. The Safety Director shall conduct a full and thorough analysis of the common areas of a multi-family structure or development to determine whether the common areas have reasonable security measures against criminal activity;
B. In conducting this analysis, among other things, the Safety Director shall conduct a voluntary survey of the tenants of the multi-family structure or development without recording the names of the tenants;
C. In conducting this analysis, the Safety Director shall consider, among other things, the statement of reasons (if any) in the petition that requested the security audit, the responses (if any) to the Safety Director’s survey of the tenants, the number and type of service calls that the city’s Police Department has received concerning the multi-family structure or development, or any tenant or visitors living therein, and the Safety Director’s inspection of the common areas of the multi-family structure or development;
D. Based on this analysis, the Safety Director shall determine and specify the additional security measures, if any, that the landlord shall be obligated to implement in the common areas of the multi-family structure or development to provide the common areas with reasonable security measures against criminal activity;
E. For each of these specified additional security measures, the Safety Director shall determine and specify a reasonable time period within which the landlord shall implement it;
F. These specified additional security measures may include, among other things, cameras, lighting, locks for windows or doors, renovation of windows, doors, or entrance areas, crime reporting procedures, and/or onsite security personnel for specified hours; and
G. The Safety Director shall prepare a written report that includes all of the Safety Director’s findings, determinations, and specifications in the security audit.
(c) The tenants of a multi-family structure or development may file a petition with the Safety Director that requests a security audit of the multi- family structure or development in which they reside.
(1) The Safety Director shall prepare, and distribute to tenants at no charge, a form that tenants may use, but are not required to use for the petition.
(2) In the petition, the tenants shall sign their names, state their addresses, and state their request for a security audit of the multi-family structure or development in which they reside.
(3) In the petition, the tenants shall identify the name and address of at least one tenant, and may identify the name and address of up to five tenants, who shall receive service of any documents that, under this section, the Safety Director is required to serve on the tenants.
(4) In the petition, the tenants may state with specificity, but are not required to state with specificity, their reasons for requesting a security audit.
(5) The petition shall be signed only by tenants of the multi-family structure or development and only by one tenant per dwelling unit of the multi- family structure or development. The number of such tenants who sign the petition must equal at least 10% of the total number of dwelling units in the multi- family structure or development.
(6) The tenants shall file the petition with the office of the Safety Director. At the time of the filing, the office of the Safety Director shall time and date stamp the original petition and the tenant’s copy of the petition.
(7) Within three days after the filing of the petition, the tenants shall serve the landlord of the multi-family structure or development with a copy of the petition by delivering or mailing it to the address of the landlord or to the place where their rent is normally paid.
(d) Within ten days after receiving service of the petition, the landlord shall provide the office of the Safety Director with a written statement of the landlord’s name and address, for the purpose of receiving documents that, under this section, the Safety Director is required to serve on the landlord, If the landlord fails to provide the office of the Safety Director with that information in a timely manner, the Safety Director shall make reasonable efforts to identify an appropriate name and address for the landlord, and based on these efforts, shall determine the name and address to be used for such services.
(e) Within ten days after the filing of the petition with the office of the Safety Director, the Safety Director shall make an initial assessment, in writing, as to whether a security audit of the multi-family structure or development is appropriate and shall serve the tenants and the landlord with a copy of the initial assessment.
(1) In the initial assessment, the Safety Director shall find that a security audit of the multi- family structure or development is appropriate if the requirements in this section for filing a petition are met and one or more of the following criteria are met:
A. During the 30-day period preceding the filing of the petition, the city’s Police Department has received 15 or more service calls concerning the multi-family structure or development;
B. Within ten days after the filing of the petition, the City Council member of the ward in which the multi-family structure or development is located advises the Safety Director, in writing, that a security audit of the multi-family structure or development is appropriate; or
C. There is any other reasonable basis for concluding that, if a security audit is conducted, there is a reasonable possibility that the Safety Director will specify additional security measures that the landlord will be obligated to implement in the common areas of the multi-family structure or development.
(2) In determining whether any such reasonable basis exists, the Safety Director shall consider, among other things, the statement of reasons (if any) in the petition that requested the security audit, the number and type of service calls that the city’s Police Department has received concerning the multi-family structure or development, and the Safety Director’s preliminary inspection of the common areas of the multi-family structure or development.
(3) The Safety Director shall serve the tenants and the landlord with a copy of the initial assessment by delivering or mailing it to their respective addresses.
(f) If the Safety Director determines in an initial assessment that a security audit of the multi-family structure or development is not appropriate, the Safety Director shall not conduct a security audit of the multi-family structure or development.
(g) If the Safety Director determines in an initial assessment that a security audit of the multi-family structure or development is appropriate, within 30 days after the Safety Director serves the tenants and the landlord with the initial assessment, the Safety Director shall complete the security audit and shall serve the tenants and the landlord with a copy of the written report of the security audit. The Safety Director shall serve the tenants and the landlord with a copy of the written report of the security audit by delivering or mailing it to their respective addresses.
(h) If the Safety Director determines in a security audit that the landlord is obligated to implement additional security measures in the common areas of the multi-family structure or development, the landlord is obligated to implement these security measures within the reasonable time period(s) specified in the security audit.
(i) The landlord’s obligation under this section and the security audit to implement the security measures specified in the security audit, within the reasonable time period(s) specified in the security audit, is an implied term of any rental agreement for any dwelling unit in the multi-family structure or development. If the landlord breaches that implied term of a rental agreement, it constitutes a breach of an obligation imposed upon the landlord by the rental agreement for the purposes of Ohio R.C. § 5321.07(A).
(j) The tenants of a multi-family structure or development may not file a petition pursuant to this section if, relative to the same multi-family structure or development, a petition has been filed and served properly pursuant to this section within the preceding 12 months.
(k) If the landlord requests the Safety Director to inspect the multi-family structure or development to determine whether the landlord has implemented the landlord’s obligation under the security audit, within 30 days of the request, the Safety Director shall make that determination, in writing, and shall serve the tenants and the landlord with a copy of that determination. The Safety Director shall serve the tenants and the landlord with a copy of that determination by delivering or mailing it to their respective addresses.
(Ord. 53-08, passed 2-17-2009)
Loading...