Challenging Illegal Rental Fees in Ohio: A Renter’s Guide

Facing unexpected or questionable fees on your rent bill can be stressful, but Ohio renters have rights and protections under state law. If you think your landlord has charged an illegal fee—such as fees not allowed by Ohio law or not listed in your lease—understanding how to challenge these charges can help you protect your finances and housing security. This guide will show Ohio renters how to spot potentially illegal rental fees, which official forms to use, and the steps to take if you want to dispute an unlawful charge.

Understanding Legal and Illegal Rental Fees in Ohio

Ohio law allows landlords to charge certain fees if they are clearly stated in your written lease. However, there are limits and requirements:

• Security deposits: Allowed but must be handled according to state requirements, including possible interest payments on deposits over $50 or one month's rent, per Ohio Revised Code Section 5321.16.
• Late fees: Permitted if reasonable and specified in the lease; excessive late fees may be considered unenforceable by courts.
• Application fees: Not regulated by state law, but must not be discriminatory.
• Illegal fees: Landlords cannot charge for repairs due to normal wear and tear, or any fee not outlined in the signed lease.

If your rent bill includes a charge that isn't mentioned in the lease or violates Ohio landlord-tenant law, you may have grounds to challenge it.

How to Identify and Challenge an Illegal Fee

Step 1: Review Your Lease and State Law

Carefully compare the fees on your rent bill with your signed lease agreement and the official landlord-tenant requirements in the Ohio Revised Code Chapter 5321. If the fee is not listed in the lease or is contrary to state law, it may be illegal.

Step 2: Communicate in Writing

Write a formal letter to your landlord (keep a copy for your records) stating:

• Which fee you are disputing
• Why you believe it is not permitted under your lease or Ohio law
• A request for the fee to be removed or refunded

You may use a template or create your own. Sending your letter by certified mail provides proof it was delivered.

Step 3: Use the Official Rent Withholding Procedure if Needed

Ohio law allows renters to escrow (hold back) their rent only in limited situations—typically when the landlord fails to make repairs affecting health and safety. For certain disputes, you may file a complaint with the municipal court using the official form:

• Form Name: Application to Deposit Rent With Clerk of Court (No standard state-wide form; check your county or municipality for the local version.)
• When to Use: If your landlord refuses to remove the illegal fee and you want the court to hold your rent while the case is reviewed. For example, if you're being charged a repeated cleaning fee that is not in your lease, and your landlord will not address your written complaint.
• How to Use: File the form with your local municipal or county court clerk, usually in the housing or small claims section. See this sample from the Cleveland Municipal Court.

Always seek advice before withholding rent, as doing so improperly can risk eviction. For wrongful fees not related to health or safety, it’s usually best to resolve in writing or through small claims court.

Step 4: File a Complaint or Seek Mediation

If your landlord doesn’t respond or correct the issue, you can:

• Contact your local Fair Housing or consumer protection agency for support. The Ohio Department of Commerce Division of Real Estate & Professional Licensing provides housing assistance information.
• Pursue the issue in small claims court if you’ve been wrongly charged and want a refund. File a Small Claims Complaint with your local municipal court. For example, the Cleveland Municipal Court Small Claims Division has instructions and official forms.

Ohio does not have a statewide residential tenancy tribunal; rental disputes are handled by local municipal or county courts.

Ohio Rental Tenancy Law and Where to Get Help

Ohio’s rental laws are set out in Ohio Revised Code Chapter 5321: Landlords and Tenants. All official government information, forms, and updates can be found through the Ohio Department of Commerce.

FAQ: Challenging Illegal Rental Fees in Ohio

1. What fees can a landlord legally charge in Ohio?
   Landlords may charge fees that are clearly listed in the lease, such as security deposits and late payment fees. Any other fee not in the lease or ones that violate state law may be illegal.
2. Can my landlord charge random fees each month?
   No. Only fees specifically stated in your written lease are allowed. Fees not mentioned and not permitted under Ohio law may be challenged by the renter.
3. What if I already paid the illegal fee?
   You can still request a refund by writing to your landlord and, if needed, take the matter to small claims court for recovery.
4. Who handles rental disputes or complaints in Ohio?
   Rental disputes are handled by your local municipal or county court (not a statewide tribunal). Some renter resources are available through the Ohio Department of Commerce.
5. Is there an official form to dispute rent fees in Ohio?
   There is no statewide form just for disputing rental fees, but you can use a Small Claims Complaint form with your municipal court, or the "Application to Deposit Rent" for some situations. Check your local court’s website for forms.

Key Takeaways for Ohio Renters

• Landlords may only charge fees clearly stated in your lease agreement or permitted by Ohio law.
• If you’re charged an illegal or unexpected fee, communicate in writing and keep good records.
• Disputes are handled locally in municipal or county courts; renter advocacy services and the Ohio Department of Commerce are available to help.

Need Help? Resources for Renters

• Ohio Department of Commerce: Resident Relations – Housing info, complaint links, and guides
• Local municipal or county court civil or small claims division – File formal complaints or claims (search your city/county court website)
• Cleveland Municipal Court Rent Deposit Info – Sample application and process
• Ohio Legal Help: Housing – Plain language guides and local legal aid contacts

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1. Ohio Revised Code Chapter 5321: Landlords and Tenants
2. Ohio Department of Commerce: Resident Relations
3. Cleveland Municipal Court Rent Deposit Application
4. Cleveland Municipal Court Small Claims Forms

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