Ohio Landlord-Tenant Law - Sinclair Community College ：俄亥俄州的房东房客法-辛克莱社区学院课件.ppt

Ohio Landlord-Tenant Law - PAR 131 Mike Brigner, J.D. Landlord-Tenant Law Real Estate Transactions I Mike Brigner, J.D. Today’s Discussion Leases at Common Law Definitions Ohio Landlord-Tenant Law Preparing a Residential Lease Commercial Leases Leases at Common Law Definitions Lease Law Leases are covered by Common law of contracts Common law of real estate Federal state anti-discrimination laws State landlord-tenant law Local statutes Common Law: Contracts A lease is a contract must meet four basic criteria for a valid, binding agreement: Offer acceptance Consideration Capacity of parties to contract Legal subject matter Contracts are usually drawn by, favor, landlord Under contract law, in event of dispute over terms, all contracts are construed against the drafter Best if both parties are represented, and negotiate a fact-specific and mutually fair agreement Common Law: Real Estate Historically, caveat emptor, buyer beware Tenant took premises as he/she found it Landlord had no duty to provide habitable premises, or to make repairs Most states now require habitable condition, and don’t allow tenant to waive this right Landlord only had duty to keep common areas and fixtures safe This idea has carried over into modern law Common Law Remedies Constructive eviction: If premises becomes uninhabitable, tenant could move out not pay rent Distress: If tenant failed to pay rent, landlord could use self-help: forcibly remove tenant, and seize tenant’s goods to satisfy rent arrearage Most states, including Ohio, now forbid self-help in residential leases, and require a legal eviction proceeding, with proper notice hearing Statutory Law Common law has been greatly modified, by statutory law, such as: Federal laws Fair Housing Act (42 U.S.C. § 3604) Handicap accommodation (24 CFR 100.204) Ohio statutes Landlord Tenant Law (R.C. Chap 5321) Ohio Fair Housing (R.C. 4112(H)) Local ordinances Zoning ordinances, health codes, rent caps Occupancy use limits, safety r