Are you making a lease or a month-to-month rental agreement?

This rental form allows you to create either a fixed-term lease or a rental agreement.

• A lease runs from one specific date to another, and typically lasts for a year. The lease expires on its own; neither landlord nor tenant need give notice. The terms of the lease cannot be modified midlease unless both parties agree.
• A month-to-month rental agreement self-renews every month, unless landlord or tenant gives the required amount of notice. Landlords may modify the terms of the agreement using the same notice period.

Are you renewing an existing lease you made with Nolo?

If you've made a lease using this platform and have an existing account, you can renew the lease by duplicating the old lease and entering any changed information. For example, make sure the contact information for you or the manager is current. (To duplicate your form, click "Duplicate_desktop" in the blue menu bar.)

If you want to apply the security deposit you collected originally to the renewed lease, you'll have an opportunity to do so. You can either roll-over the amount you have on hand, or add to it. If you're required to pay interest on deposits, don't forget to follow the rules regarding disbursement, and to calculate interest based on the new, higher amount if you've increased the deposit.

How do I establish a legal occupancy policy for this rental?

In Ohio, an occupancy policy of two persons per bedroom is presumed reasonable. Depending on the circumstances, however, such a policy may be challenged, particularly if the rooms are unusually large or when an occupant is a small child or infant. Applying a policy of fewer than two persons per bedroom may constitute discrimination against families.

Be sure to apply your occupancy policy consistently and without regard to your personal preferences.

What does "joint and several liability_desktop" mean?

Your rental document advises multiple tenants that each tenant will be responsible for paying rent and abiding by all the terms of the agreement. (If you're renting to a single tenant now, it puts this tenant on notice that tenants who join the lease later will also be subject to this rule.) The rule means that you can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay. It also gives you the right to evict all of the tenants even if just one has broken the terms of the lease.

How do I supply legally-required lead-hazard documentation?

With some exceptions (see below), all landlords must complete the federally required Lead Paint and Lead-Paint Hazards Disclosure form and give it to prospective tenants. Your lease includes a clause in which landlords who are not exempt from this requirement state that they have complied with the rule (exemptions are explained in the Help sections of the clause). You can download the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards from the EPA website. Fill it out by hand. Be sure to keep a copy for your records.

If you are not exempt, you will also need to give your tenant a copy of the EPA pamphlet Protect Your Family From Lead in Your Home, available at the EPA website.

Rentals Exempt From Disclosure

What rentals are exempt from lead-hazard disclosures?

Properties that were built before 1978 are exempt from the lead-hazard disclosure rules if they are:

• certified as lead-free by a state-accredited inspector
• lofts, efficiencies, studios, and other "zero-bedroom_desktop" units
• vacation rentals of 100 days or less
• a single room rented in a residential home
• designed for persons with disabilities (unless any child younger than six years old resides there or is expected to), or
• retirement communities where one tenant is at least 62 years old (unless any child younger than six years old resides there or is expected to).

Where can I find any relevant local laws?

In some cities or counties, local ordinances or laws may require certain language or information to be in the rental agreement. We cannot list local require­ments for every locality in Ohio, so to be extra careful, take a moment to find out whether local laws affect your rental agreement.

Fortunately, many cities and counties have placed their local laws online. To find out whether your local government has done so, go to www.statelocalgov.net, choose Ohio, and look for your county and/or city. Or simply call your local city or county attorney and ask whether residential rentals are covered by local ordinances and, if so, where you can obtain a copy. If local law varies from state law -- by imposing an interest requirement for security deposits, for example -- be sure to follow the local rule. You may need to amend this agreement accordingly.