In Ohio can I legally evict a tenant for not putting utilities in tenant's name?
Full Question:
In Ohio can I legally evict a tenant for not putting utilities in tenant's name as stated in lease agreement? If so do I post a 3 day or 30 day notice. I have a new tenant who has not put gas in tenants name it is still in my name. Can I legally have gas shut off?
11/16/2007 |
Category: Landlord Tenant |
State: Ohio |
#12379
Answer:
The following are Ohio statutes:
§ 5321.04. Obligations of landlord.
(A) A landlord who is a party to a rental agreement shall do all of the
following:
(1) Comply with the requirements of all applicable building, housing,
health, and safety codes that materially affect health and safety;
(2) Make all repairs and do whatever is reasonably necessary to put and
keep the premises in a fit and habitable condition;
(3) Keep all common areas of the premises in a safe and sanitary
condition;
(4) Maintain in good and safe working order and condition all
electrical, plumbing, sanitary, heating, ventilating, and air
conditioning fixtures and appliances, and elevators, supplied or required
to be supplied by him;
(5) When he is a party to any rental agreements that cover four or more
dwelling units in the same structure, provide and maintain appropriate
receptacles for the removal of ashes, garbage, rubbish, and other waste
incidental to the occupancy of a dwelling unit, and arrange for their
removal;
(6) Supply running water, reasonable amounts of hot water and
reasonable heat at all times, except where the building that includes the
dwelling unit is not required by law to be equipped for that purpose, or
the dwelling unit is so constructed that heat or hot water is generated
by an installation within the exclusive control of the tenant and
supplied by a direct public utility connection;
(7) Not abuse the right of access conferred by division (B) of section
5321.05 of the Revised Code;
(8) Except in the case of emergency or if it is impracticable to do
so, give the tenant reasonable notice of his intent to enter and enter
only at reasonable times. Twenty-four hours is presumed to be a
reasonable notice in the absence of evidence to the contrary.
(9) Promptly commence an action under Chapter 1923. of the Revised
Code, after complying with division (C) of section 5321.17 of the Revised
Code, to remove a tenant from particular residential premises, if the
tenant fails to vacate the premises within three days after the giving of
the notice required by that division 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 section 1923.02 of the
Revised Code, 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. Such actual knowledge or
reasonable cause to believe shall be determined in accordance with that
division.
(B) If the landlord makes an entry in violation of division (A)(8) of
this section, 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 recover actual damages resulting
from the entry or demands, obtain injunctive relief to prevent the
recurrence of the conduct, and obtain a judgment for reasonable
attorney's fees, or may terminate the rental agreement.
§ 5321.05. Obligations of tenant.
(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 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 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 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 and require other persons on the premises with his
consent to conduct themselves in a manner that will not disturb his
neighbors' peaceful enjoyment of the premises;
(9) Conduct himself, and require persons in his household and persons
on the premises with his consent to conduct themselves, in connection
with the premises so as not to violate the prohibitions contained in
Chapters 2925. and 3719. of the Revised Code, 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
attorney's 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) of this section.
(2) If the tenant violates division (A)(9) of this section 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 section
1923.02 of the Revised Code, 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 division (C) of
section 5321.17 of the Revised Code. 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 section 5321.04 of
the Revised Code. For purposes of this division, actual knowledge or
reasonable cause to believe as described in this division shall be
determined in accordance with division (A)(6)(a)(i) of section 1923.02 of
the Revised Code.
§ 5321.06. Rental agreement terms.
A landlord and a tenant may include in a rental agreement any terms and
conditions, including any 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 Chapter
5321. of the Revised Code or any other rule of law.
§ 5321.11. Noncompliance by tenant terminates agreement.
If the tenant fails to fulfill any obligation imposed upon him by
section 5321.05 of the Revised Code that materially affects health and
safety, other than the obligation described in division (A)(9) of that
section, the landlord may deliver a written notice of this fact to the
tenant specifying the act or omission that constitutes noncompliance with
the pertinent obligations and specifying that the rental agreement will
terminate upon a date specified in the notice, not less than thirty days
after receipt of the notice. If the tenant fails to remedy the condition
specified in the notice, the rental agreement shall terminate as provided
in the notice.
§ 5321.12. Recovery of damages.
In any action under Chapter 5321. of the Revised Code, any party may
recover damages for the breach of contract or the breach of any duty that
is imposed by law.
§ 5321.15. Prohibited self-help remedies of landlord.
(A) No landlord of residential premises shall initiate any act,
including 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 terminated, for the purpose of recovering
possession of residential premises, other than as provided in Chapters
1923., 5303., and 5321. of the Revised Code.
(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 issued by a court of competent jurisdiction.
(C) A landlord who violates this section is liable in a civil action
for all damages caused to a tenant, or to a tenant whose right to
possession has terminated, together with reasonable attorneys fees.
§ 5321.17. Termination of periodic tenancies.
(A) Except as provided in division (C) of this section, the landlord or
the tenant may terminate or fail to renew a week-to-week tenancy by
notice given the other at least seven days prior to the termination date
specified in the notice.
(B) Except as provided in division (C) of this section, the landlord or
the tenant may terminate or fail to renew a month-to-month tenancy by
notice given the other at least thirty days prior to the periodic rental
date.
(C) If a tenant violates division (A)(9) of section 5321.05 of the
Revised Code 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 residential 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 section 1923.02 of the Revised
Code, the landlord shall terminate the week-to-week tenancy,
month-to-month tenancy, or other rental agreement with the tenant by
giving a notice of termination to the tenant in accordance with this
division. The notice shall specify that the tenancy or other rental
agreement is terminated three days after the giving of the notice, and
the landlord may give the notice 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 division
(A)(6)(a)(i) of section 1923.02 of the Revised Code. 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
section 5321.04 of the Revised Code. For purposes of this division,
actual knowledge or reasonable cause to believe as described in this
division shall be determined in accordance with division (A)(6)(a)(i) of
section 1923.02 of the Revised Code.
(D) This section does not apply to a termination based on the breach of
a condition of a rental agreement or the breach of a duty and obligation
imposed by law, except that it does apply to a breach of the obligation
imposed upon a tenant by division (A)(9) of section 5321.05 of the
Revised Code.