1. Landlord Tenant
Regulations
Anna E. Hufstetler
Cicely C. Weeks
Chelanhnee D. Collins
Tykisha N. Frazier
PLEG120: Civil Litigation
PLEG135: Legal Research & Writing I
Mr. Nici
March 28, 2013

2. LANDLORD TENANT REGULATIONS
Prepared by: Professor Nici’s Civil Litigation, Legal Research & Writing I
classes for the benefit of
Bryant & Stratton students
DISCLAIMER
These class notes are used to educate anyone experiencing landlord/tenant issues. We have
attempted to illustrate examples to help you better understand the attacked booklet. This
material should in no way be construed as legal advice.

3. TYPES OF LEASES
If there is no writing for a lease, then by law, the tenant rental will be a month-to-month
lease. The assumption is that tenants are paying their rent on the 1st
of each month. In order for a
landlord to terminate a rental agreement, he/she must serve them with a notice of termination of
the lease. This must be served prior to the 1st
of the month or within the prescribed lease terms. If
the tenant is served on or after the 1st,
the tenant will have two months to leave the property.
When the lease is at the end, it may contain a clause that states the tenant must give notice that
he/she are not going to renew the lease. The lease may require the tenant to give notice
anywhere from thirty to sixty days prior to the expiration of the lease. Whatever the terms
state, add one day. If a tenant or terminating or not renewing a lease, notice should be hand-
delivered or sent via certified mail to the landlord. Otherwise, the tenant may, depending on the
clause in the lease, be obligated to stay for up an additional six months. If there is no renewal
clause, the lease becomes a month-to-month lease.
EXAMPLE: Ms. Collins rented a home from Mr. Nici and there is no written lease. Her
rent is a month-to-month tendency. Nici served Ms. Collins with a termination of the lease on the
1st. Collins does not have to vacate the property until the 31st.
The landlord has the right to decide who can live in the home, including the names, ages
and ID’s of each person. Only the people that are on the lease may reside at that residence. If the
case of a landlord allowing a tenant to add people to the lease, that person is entitled to be on that
property. The tenant would have to evict that person for cause to remove them from the property.
The moral of the story is, do not add anyone to your lease or you may never have them removed.

4. If the house needs repair prior to the signing of the lease, the tenant shall write a list of all
the repairs that need to be made on the lease. The tenant must include whether the lease will be
void or voidable should the repairs not be completed within thirty days.
Be careful of places that will discriminate against tenants because of the number of kids
and family members.
PRECAUTIONARY STEPS WHEN RENTING
When tenants rent, they must take pictures or videos or both, of the house, including the
outside and inside of the house. This should include the fronts and backs of doors, cabinets, fans,
plumbing, lightings, ceilings, so the condition of the home is properly documented. Upon
moving out, the tenant should repeat the same steps. They should bring a witness with them, and
a current newspaper, and document the witness and newspaper in a picture. Landlords are not
obligated to sign off on any documents when the tenant moves out.
IF THE PROPERTY NEEDS REPAIR
Once tenants attach any fixture to a house, it is now the property of the landlord. If the
landlord is always obligated to make a tenant’s home habitable. Do not simply stop paying rent
or the landlord can still legally evict the tenant. If the landlord does not make necessary repairs,
the tenant can place their into an ESCROW account at the municipal court. Once repairs are
completed, the ESCROWED moneys will be credited back to the landlord. To establish an
ESCROW account, tenants must go to the municipal court’s civil division. Although tenants may
be upset during these stressful steps, tenants have the obligations to still treat the landlord with
respect, as landlords have the ability to make a tenant’s life difficult.

5. EXAMPLE: In the City of Cleveland Heights, if a tenant has any amount of housing
code violations, the tenant must list each and every violation regardless of how insignificant, or
major, the violation is at the time. These violations are to be prepared in a letter format and sent
to the landlord. This letter must include the date on the letter and be sent via certified mail. This
letter now places the landlord on notice of repairs needing immediate attention. Provided there is
no health or safety issue, the landlord has thirty days in which to respond and repair the
violations.
If the landlord fails to make the necessary repairs, the tenant now has the right to
ESCROW his/her rent. The tenant must be current in their rent. Once a thirty day notice is sent
and provided the rent is current, the tenant may go to the civil division clerk of courts office, fill
out an application to ESCROW funds, provide proof of a thirty day notice (copy of the letter,
with proof of certified mail) and proof of current rent payment. The ESCROW account can then
be opened at the clerk of courts office.
NOTE: If rent is due on the 1st
pursuant to the lease/rental agreement, the clerk’s office
must receive each month’s rent payment prior to or on the 1st
. If the 1st
falls on a weekend, the
rent MUST be received by the previous business day. If rent is not received by the 1st
, the action
will be dismissed and monies will be returned.
Once the ESCROW account is established, the clerk’s office will set a court hearing date
before the magistrate. All parties will be summoned to a hearing. The magistrate will issue a
ruling and a subsequent court date will most likely be set to ensure compliance.

6. OTHER CONSIDERATIONS
The tenant should always make copies of legal documents send to landlords with dates,
name of landlord with address, and tenant’s signature. Always get a receipt in any money
transaction, including when paying rent with cash. Create folders to organize paperwork,
receipts, and pictures. The “best evidence rule” is producing the original documents. provide
original documents to anyone. Understand basic contract law. Anything dealing with property
must be in writing. If it is not in writing, it is not considered a valid contract. Make sure to keep
all original receipts including security deposits, rent and any other payments.
EVICTIONS
The landlord must wait at least three business days after giving notice to the tenant before
the landlord can legally file a court eviction. The court may schedule the eviction hearing date as
early as seven days after the filing. During this eviction process, the court gives both the landlord
and tenant the right to speak. If an eviction is ordered by the court the tenant will have ten days
in which to vacate the property.
SECURITY DEPOSIT
To obtain the security deposit back from the landlord, the tenant must notify the landlord
of their new. If the security deposit is not returned within thirty days and the tenant is entitled to
it, the court can order the landlord to pay treble damages. This means the landlord can be ordered
to pay three times the amount of the original security deposit.
These class notes are used to educate anyone experiencing landlord/tenant issues. We have attempted to illustrate
examples to help you better understand the attacked booklet. This material should in no way be construed as
legal advice.