Archive for the ‘ Ohio Landlords ’ Category

Landlords – Don’t be that GUY!

http://www.wfaa.com/news/local/dallas-county/junk-landlord-investigated-by-news-8-evicting-hundreds-of-tenants/329044843
Accurate Credit Bureau

Accurate Credit Bureau Landlord Feedback

“You guys are very efficient. Thanks for the speedy response yesterday.
I have a new applicant to run a credit check on. Attached please find all
the necessary information.
Please advise if anything else is needed.
Thanks”
Rudolph J.

Landlords Collect Applications and Screen Tenants

The best way to deal with bad tenants is to make sure they never move in! Try to accept the most-qualified applicant who is also the best fit for your property, but be careful not to discriminate.

  • Collect information via professional rental applications
  • Ensure total income of all tenants is 2-3x monthly rent
  • Ask their two former landlords, “Would you rent to them again?”
  • Run a tenant credit check to determine total debt and late payment history

    For more tenant screening advice and help see Accurate Credit Bureau

    IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN

Accurate Credit Bureau Landlord Advice Tenant Security Deposit

Deadline for Returning Security Deposits by State

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.

Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

Accurate Credit Landlord Tenant Laws and Regulations Ohio

Security Deposit:

  • Security Deposit Maximum: No statute
  • Security Deposit Interest: If the tenancy is longer than six months, then five percent interest per annun is required to be paid to the tenant each year on the amount of any deposit that exceeds $50 or one month’s rent, whichever is greater.
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: No statute
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: 30 days from move-out
  • Permitted Uses of the Deposit:
    • payment of past due rent
    • payment for damages due to tenant’s noncompliance with either the rental agreement or statutory
  • Require Written Description/Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: If landlord fails to provide an itemized list of damages, the tenant may sue to recover the money withheld along with damages equal to the amount wrongfully withheld, and reasonable attorney fees.

Lease, Rent & Fees:

  • Rent Is Due:  As stated in the lease
  • Rent Increase Notice: No statute
  • Rent Grace Period: No statute
  • Late Fees: No statute, but case law allows limited late fees if specified in the lease.
  • Returned Check Fees: No more than $30 or 10 percent of the check amount, whichever is greater.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, but only under certain circumstances. Instead of paying rent to the landlord tenant may deposit rent with the clerk of the court with jurisdiction over the premises. Tenant must have first notified landlord in writing of landlord’s failure to fulfill obligations defined in the rental agreement, or if a governmental agency has found code violations that could affect health and safety, AND landlord has failed to remedy the conditions in a reasonable amount of time considering their severity and the time necessary to remedy, or within 30 days, whichever is sooner.
  • Tenant Allowed to Repair and Deduct Rent: No statute
  • Landlord or Tenant Allowed to Recover Court and Attorney Fees: Yes, but only allowed in certain circumstances. No provision regarding the payment of landlord’s or tenant’s attorney fees is allowed in any rental agreement. Landlord may recover actual damages and reasonable attorney fees for tenant violations of statutory Tenant Obligations. If landlord fails to comply with the rules for returning security deposit, tenant may recover money due along with damages equal to the amount wrongfully withheld, plus reasonable attorney fees.
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No statute
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Rental Lease: No notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30-day notice
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven-day notice
  • Termination of Tenancy with 24 Hours Notice: No statute
  • Notice of Date/Time of Move-Out Inspection:  No statute
  • Notice of Termination for Nonpayment: Three-day written notice
  • Termination for Lease Violation:  Three-day written notice
  • Termination for Failure to Fulfill Tenant Obligations:  30-day written notice for violation of any statutory Tenant Obligation affecting health and safety, other than for illegal drug-related activity. Notice must specify the date on which the rental agreement will terminate as well as the tenant’s act or omission of noncompliance. Tenant has the opportunity to remedy the condition specified in the notice to avoid termination of the rental agreement.
  • Termination for Drug-related Activity:  Three-day notice
  • Required Notice before Entry:  Reasonable notice required. Accurate Credit Bureau recommends at least 24 hours
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency):  Yes
  • Entry Allowed with Notice for Showings: Yes Accurate Credit Bureau recommends at least 24 hours.
  • Emergency Entry Allowed without Notice: Reasonable notice is not required in cases of emergency
  • Entry Allowed During Tenant’s Extended Absence: No statute
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Written leases must include the name and address of the owner and the name and address of the owner’s agent. For oral rental agreements, tenant must be provided this information in writing at the time of move-in. Landlord must also file the name, address, and telephone number of the owner and that of owner’s agent, along with the address and parcel number of the property, with the county auditor of the county in which the property is located. Information filed with the county auditor becomes public information. Failure to comply with the filing or updating of information requirements subjects landlord to a fine of $50-$150 by the county auditor.
  • Copy of the Lease: No statute
  • Domestic Violence Situations: No statute.
    • Compliance: Comply with all applicable building, housing, health, and safety codes;
    • Repairs: Make all repairs and take all reasonable action to put and keep the premises in a fit and habitable condition;
    • Common Areas: Keep all common areas of the premises safe and sanitary;
    • Maintenance: Maintain in safe, working order all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators
    • Trash: For rental agreements that cover four or more units in the building, provide and maintain “appropriate receptacles” for the removal of normal garbage and waste and arrange for its removal.
    • Water and Heat: Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1. This duty does not apply in cases where the unit is not required by law to be so equipped, or if the unit is supplied with heat or hot water by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
    • Landlord Access: Landlord must not abuse the right of access conferred by statute for inspection, repair or improvements or other reasons defined in Tenant Obligations to not withhold access to the premises.
    • Prompt Eviction: Landlord has an obligation to promptly start an eviction if landlord has actual knowledge or reasonable cause to believe that the tenant, any person in the tenant’s household, or any person on the premises with tenant’s consent has been or is currently engaged in drug violations on the premises.
    • Servicemembers Civil Relief Act: Comply with the rights of tenants under the federal Servicemen relief.
  • Tenant Obligations:
    • Compliance: Comply with all applicable state and local housing, health, and safety codes that impose requirements on tenants;
    • Cleanliness: Keep that part of the premises that he occupies and uses safe and sanitary;
    • Trash: Dispose of all garbage and waste in a clean, safe, and sanitary manner;
    • Plumbing and Electrical: Keep all plumbing fixtures in the unit or used by tenant as clean as their condition permits, and use and operate all electrical and plumbing fixtures properly;
    • Appliances: Maintain in good working order and condition any appliances supplied by the landlord and required to be maintained by the tenant under the terms of a written lease;
    • Damage and Defacement: Refrain from and forbid any person on the premises with tenant’s permission from destroying, defacing, damaging, or removing any part of the premises, fixtures or appliance;
    • Lawful Activity: Must not violate or allow drug-related.
    • Quiet Enjoyment: Must not disturb the peaceful enjoyment of the premises by neighbors;
    • Reasonable Access: Must not unreasonably withhold consent for landlord to enter unit for inspection, repair, alterations, or improvements, large parcel delivery too large for the tenant’s mail facilities, supply of necessary or agreed services, or showing the unit to prospective or actual buyers, mortgagees, tenants, workmen or contractors.
  • Retaliation: Landlord may not retaliate against a tenant by increasing rent, decreasing services, or bringing or threatening eviction because the tenant has:
    • complained to an appropriate governmental agency of a building, housing, health, or safety code violation;
    • complained to the landlord of conditions that violate Landlord Obligations.
    • or joined with other tenants to negotiate or deal collectively with the landlord on any terms or conditions of a rental agreement.
    • Tenant may use any retaliatory action by the landlord as a defense to an eviction, to recover possession of the premises or to terminate the rental agreement.
  • Lead Disclosure: Landlord must disclose all known lead paint hazards. Landlord must also provide tenants, as an attachment to a written lease, with an information packet lead-based paint hazards.
  • Eviction of Tenant Allowing Sex or Child-victim Offender to Occupy Premises Near School: Landlord may terminate the rental agreement of a tenant who allows occupancy of the premises by any sex offender or child-victim offender prohibited from establishing residence within 1,000 feet of any school or child day-care center. However, if landlord who is authorized to terminate such a tenancy does not do so, landlord is not liable for any injury, death, or loss to person or property that allegedly results from that decision.