RESIDENTIAL LEASE AGREEMENT

State of Ohio

[// GUIDANCE: This template is drafted to comply with the Ohio Landlord-Tenant Act, Ohio Rev. Code Ann. (ORC) Chapter 5321, and Ohio eviction procedures under ORC Chapter 1923. Customize bracketed items, delete guidance comments, and review statutory references for updates before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Lease Grant & Premises
4. Term & Possession
5. Rent & Payment Terms
6. Security Deposit
7. Use, Occupancy & Habitability
8. Utilities & Services
9. Maintenance, Repairs & Alterations
10. Insurance
11. Indemnification & Liability Limitation
12. Rules & Regulations
13. Defaults & Landlord Remedies
14. Assignment & Subletting
15. Compliance With Law
16. Risk Allocation & Casualty
17. Condemnation
18. Governing Law & Forum Selection
19. Notices
20. General Provisions
21. Execution Block

1. DOCUMENT HEADER

This Residential Lease Agreement (the “Agreement”) is entered into effective as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

• [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] (“Landlord”); and
• [TENANT LEGAL NAME(S)] (“Tenant,” collectively if more than one).

Landlord and Tenant are sometimes referred to individually as a “Party” and collectively as the “Parties.”

RECITALS

A. Landlord is the fee simple owner of certain residential real property commonly known as [PREMISES ADDRESS] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, on the terms and conditions set forth herein.
C. For good and valuable consideration, the sufficiency and receipt of which are acknowledged, the Parties agree as follows:

2. DEFINITIONS

Capitalized terms used in this Agreement have the meanings set forth below. Undefined capitalized terms shall have the meanings given by context or applicable law.

“Applicable Law” means all federal, state, county, and municipal statutes, ordinances, regulations, and judicial decisions governing the Parties, the Premises, or this Agreement, including without limitation ORC Chapters 5321 and 1923.

“Business Day” means any day other than Saturday, Sunday, or federal legal holiday.

“Commencement Date” has the meaning set forth in Section 4.1.

“Event of Default” has the meaning set forth in Section 13.1.

“Lease Term” means the fixed term specified in Section 4.1, as the same may be extended or earlier terminated in accordance with this Agreement.

“Rent” means Base Rent, Additional Rent, and any other sums due from Tenant to Landlord.

“Security Deposit” has the meaning set forth in Section 6.1.

3. LEASE GRANT & PREMISES

3.1 Grant. Subject to the terms and conditions herein, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises together with the right to use all appurtenances, driveways, and common areas serving the Premises.

3.2 Quiet Enjoyment. Provided Tenant is not in default, Tenant shall peaceably and quietly enjoy the Premises without interference from Landlord or any person lawfully claiming through Landlord, subject to the terms of this Agreement and Applicable Law.

4. TERM & POSSESSION

4.1 Lease Term. The Lease Term shall commence on [START DATE] (the “Commencement Date”) and end at 11:59 p.m. local Ohio time on [END DATE], unless sooner terminated pursuant hereto.

4.2 Holdover Tenancy. If Tenant remains in possession after expiration of the Lease Term without Landlord’s written consent, tenancy shall convert to a month-to-month tenancy subject to all provisions hereof, except that Rent shall automatically increase to 150 % of the then-current monthly Rent. Landlord’s acceptance of Rent during holdover shall not constitute renewal or waiver of Landlord’s right to regain possession.

5. RENT & PAYMENT TERMS

5.1 Base Rent. Tenant shall pay to Landlord base rent of $[BASE RENT] per month (“Base Rent”), in advance, on or before the first (1st) day of each calendar month during the Lease Term.

5.2 Place & Method of Payment. Rent shall be paid by [PAYMENT METHOD] to [PAYEE NAME & ADDRESS], or such other place as Landlord may designate by notice.

5.3 Late Charges. Rent not received by Landlord by 11:59 p.m. on the [FIFTH (5th)] calendar day of the month shall incur a late charge of $[LATE FEE] plus interest at [INTEREST RATE] % per annum, not to exceed the maximum rate permitted by Applicable Law.

5.4 Returned Payments. Tenant shall pay $[NSF FEE] for any check or electronic payment returned or rejected, plus any bank fees.

5.5 Application of Payments. Landlord may allocate payments received from Tenant to any unpaid Rent or charges, in Landlord’s sole discretion and regardless of any notation by Tenant.

[// GUIDANCE: Adjust late fee and interest to remain within Ohio’s usury limits.]

6. SECURITY DEPOSIT

6.1 Amount. Upon execution, Tenant shall deliver to Landlord a security deposit in the amount of $[DEPOSIT AMOUNT] (“Security Deposit”), not to exceed one month’s rent unless otherwise permitted by Landlord.

6.2 Permitted Uses. The Security Deposit secures Tenant’s performance of all obligations hereunder, including Rent, damages beyond reasonable wear and tear, unpaid utilities, and costs of remedying Tenant defaults.

6.3 Return; Interest. In compliance with ORC § 5321.16:
(a) Landlord shall return the Security Deposit, less lawful deductions, with an itemized written accounting within thirty (30) days after Tenant’s surrender of the Premises and delivery of Tenant’s forwarding address in writing.
(b) If the Security Deposit or any portion thereof exceeds fifty dollars ($50) or one month’s rent, whichever is greater, Landlord shall pay simple interest at the rate of five percent (5 %) per annum on the amount held for any period exceeding six (6) months.

6.4 Tenant’s Obligations. Tenant may not elect to apply the Security Deposit to Rent. Failure to replenish the Security Deposit following lawful application by Landlord constitutes an Event of Default.

6.5 Limitation of Liability. Except for Landlord’s wilful misconduct or gross negligence, Tenant’s sole monetary remedy for Landlord’s breach of this Agreement shall be limited to the amount of the Security Deposit then held by Landlord.

7. USE, OCCUPANCY & HABITABILITY

7.1 Residential Use Only. The Premises shall be used solely as a private residence for no more than [MAX OCCUPANTS] lawful occupants and related guests, and for no other purpose.

7.2 Prohibited Conduct. Tenant shall not:
(a) Commit or permit waste or nuisance;
(b) Manufacture, distribute, or possess controlled substances;
(c) Keep hazardous or flammable materials except customary household items;
(d) Violate any Applicable Law, including building and housing codes.

7.3 Landlord’s Habitability Obligations. Pursuant to ORC § 5321.04, Landlord shall:
(a) Keep the Premises in a fit and habitable condition;
(b) Maintain all electrical, plumbing, heating, ventilation, and appliances supplied by Landlord;
(c) Comply with applicable building, housing, health, and safety codes materially affecting health and safety;
(d) Provide running water and reasonable amounts of hot water and heat, unless the Premises is so constructed that Tenant directly controls these utilities.

7.4 Tenant’s Obligations. Consistent with ORC § 5321.05, Tenant shall:
(a) Keep the Premises safe and sanitary;
(b) Dispose of garbage promptly and properly;
(c) Maintain appliances and fixtures in good working order;
(d) Use utilities reasonably;
(e) Comply with house rules and Applicable Law.

8. UTILITIES & SERVICES

8.1 Tenant-Paid Utilities. Tenant shall contract for and timely pay all charges for [ELECTRICITY, GAS, WATER, SEWER, TRASH, INTERNET, CABLE], unless otherwise provided below.

8.2 Landlord-Provided Services. Landlord shall provide, at Landlord’s expense: [LIST, e.g., lawn care, snow removal, pest control].

8.3 Interruption. Temporary interruption of utilities not within Landlord’s reasonable control shall not constitute a constructive eviction or give rise to Rent abatement.

9. MAINTENANCE, REPAIRS & ALTERATIONS

9.1 Tenant Maintenance. Tenant shall promptly notify Landlord of any condition requiring repair and, at Tenant’s expense, repair all damages caused by Tenant, household members, pets, or guests.

9.2 Landlord Entry. Subject to ORC § 5321.05(B):
(a) Landlord may enter the Premises upon twenty-four (24) hours’ prior notice, at reasonable times, to inspect, make repairs, supply services, or show the Premises to prospective buyers, lenders, or tenants;
(b) In emergencies, Landlord may enter without prior notice.

9.3 Alterations. Tenant shall not make alterations, additions, or improvements without Landlord’s prior written consent. All permitted alterations become Landlord’s property upon installation unless otherwise agreed.

10. INSURANCE

10.1 Tenant Insurance. Tenant shall maintain, at its sole cost and during the Lease Term, renter’s liability insurance with limits of not less than $[LIMIT] per occurrence, naming Landlord as an additional insured. Tenant shall provide proof of coverage prior to occupancy and upon renewal.

10.2 Landlord Insurance. Landlord shall maintain property insurance on the building; however, such insurance does not cover Tenant’s personal property.

[// GUIDANCE: Encourage tenants to purchase personal property (“contents”) coverage.]

11. INDEMNIFICATION & LIABILITY LIMITATION

11.1 Tenant Use Indemnity. To the fullest extent permitted by law, Tenant shall indemnify, defend, and hold Landlord, Landlord’s agents, and mortgagees harmless from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising from:
(a) Tenant’s use or occupancy of the Premises;
(b) Acts or omissions of Tenant, occupants, guests, or invitees; or
(c) Tenant’s breach of this Agreement or Applicable Law;
except to the extent caused by Landlord’s wilful misconduct or gross negligence.

11.2 Liability Cap. Except for (i) unpaid Rent, (ii) personal injury, or (iii) Landlord’s wilful misconduct or gross negligence, Tenant’s aggregate monetary liability to Landlord shall not exceed the Security Deposit amount.

12. RULES & REGULATIONS

The rules and regulations attached hereto as Exhibit A, as reasonably modified by Landlord from time to time on at least thirty (30) days’ prior written notice, are incorporated herein. Tenant shall cause all occupants and guests to comply with such rules.

13. DEFAULTS & LANDLORD REMEDIES

13.1 Events of Default. Each of the following constitutes an “Event of Default”:
(a) Failure to pay Rent or any other sum when due;
(b) Material violation of Section 7 or Exhibit A;
(c) Failure to perform any other covenant within ten (10) days after notice;
(d) Abandonment of the Premises.

13.2 Notice to Vacate. If an Event of Default involves non-payment of Rent or other substantial default, Landlord shall serve Tenant with a three (3) day written notice to vacate pursuant to ORC § 1923.04.

13.3 Remedies. Upon expiration of the notice period without cure, Landlord may:
(a) Terminate this Agreement;
(b) Commence a forcible entry and detainer (eviction) action in the [COUNTY] Municipal Housing Court (the “Housing Court”);
(c) Enter and take possession of the Premises pursuant to court order;
(d) Recover all Rent, damages (including future Rent as permitted by ORC § 5321.16(B)), costs, and attorney fees;
(e) Apply the Security Deposit to Landlord’s damages.

13.4 Mitigation. Landlord shall make reasonable efforts to rerent the Premises following Tenant’s abandonment or eviction, without waiving any right to damages.

14. ASSIGNMENT & SUBLETTING

Tenant shall not assign, mortgage, pledge, or encumber this Agreement, nor sublet the Premises or any part thereof, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion.

15. COMPLIANCE WITH LAW

Tenant shall strictly comply with all Applicable Law, including but not limited to zoning ordinances, HOA rules (if any), and federal, state, and local fair-housing, health, and safety statutes.

16. RISK ALLOCATION & CASUALTY

16.1 Casualty. If the Premises are rendered uninhabitable by fire or other casualty not caused by Tenant, Rent shall abate proportionately from the date of casualty until restoration is substantially completed or until either Party terminates the Lease by notice if restoration reasonably requires more than [NINETY (90)] days.

16.2 Force Majeure. Landlord shall not be liable for failure to perform caused by events beyond Landlord’s reasonable control, including acts of God, governmental actions, or labor disputes, provided Landlord promptly notifies Tenant.

17. CONDEMNATION

If all or a substantial part of the Premises is taken by eminent domain, this Agreement shall terminate on the date of taking, and Rent shall be apportioned to such date. Tenant shall have no claim to any portion of the condemnation award.

18. GOVERNING LAW & FORUM SELECTION

18.1 Governing Law. This Agreement and the rights and obligations of the Parties shall be governed by the Landlord-Tenant law of the State of Ohio without regard to conflict-of-law principles.

18.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the [COUNTY] Municipal Housing Court (or such other Ohio court of competent jurisdiction) for any action arising from this Agreement. Arbitration is expressly excluded.

18.3 Jury Trial. The Parties acknowledge their constitutional right to a jury trial and do not waive such right.

18.4 Injunctive Relief. Nothing herein shall limit Landlord’s right to seek immediate injunctive or equitable relief, including eviction, to enforce Tenant’s surrender of possession.

19. NOTICES

All notices required or permitted hereunder shall be in writing and deemed given upon (i) personal delivery, (ii) deposit with a nationally recognized overnight courier, or (iii) mailing by certified mail, return receipt requested, postage prepaid, addressed to the Parties at the addresses set forth below (or such other address as either Party may designate by notice).

Landlord: [LANDLORD NOTICE ADDRESS]
Tenant: [PREMISES ADDRESS] (or any updated written address)

20. GENERAL PROVISIONS

20.1 Amendment; Waiver. No amendment or waiver of any provision shall be effective unless in a writing signed by both Parties. A waiver on one occasion shall not be deemed a waiver of any future breach.

20.2 Severability. If any provision is held unenforceable, the remainder shall be enforced to the maximum extent permitted, and the Parties authorize the court to modify the unenforceable provision to render it enforceable while effectuating the Parties’ intent.

20.3 Integration. This Agreement, including exhibits, constitutes the entire agreement and supersedes all prior understandings relating to the Premises.

20.4 Successors. This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, legal representatives, successors, and permitted assigns.

20.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is an original and all of which constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed originals.

21. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Residential Lease Agreement effective as of the Effective Date.

LANDLORD:

[LANDLORD NAME]
Title: [TITLE, if applicable]
Date: ____

TENANT(S):

[TENANT NAME]
Date: ____

[TENANT NAME]
Date: ____

[// GUIDANCE: For corporate landlords, attach evidence of authority. Notarization is not required under Ohio law for residential leases under three (3) years but may be added if desired.]

EXHIBIT A

RULES & REGULATIONS

1. Quiet Hours: 10 p.m. – 7 a.m.
2. Smoking is prohibited inside the Premises.
3. Pet Policy: [NO PETS / PETS WITH WRITTEN CONSENT / DEPOSIT OF $____].
4. Parking: Vehicles must be operable, registered, and parked only in designated areas.
5. Grilling is permitted only in designated outdoor areas at least ten (10) feet from structures.
6. Tenant shall not install satellite dishes without Landlord’s prior written approval.

[// END OF TEMPLATE]