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Implied Warranty of Habitability in Ohio

Ohio law requires landlords to supply and maintain basic services like heat and hot water.


Like most states, Ohio has an "implied warranty of habitability." This means that landlords have a legal responsibility to tenants to keep their units livable. Landlords are never allowed to transfer these responsibilities back to the tenant; they are "implied" because, even if they aren't mentioned explicitly in a lease, they still apply.1

State code requires landlords to"make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition."2 More concretely, landlords in Ohio must:

  • Supply hot and cold running water and heat at all times (unless these utilities are controlled exclusively by the tenant)
  • Comply with all housing, building, health, and safety codes that significantly affect health and safety
  • Keep common areas safe and sanitary
  • Keep all electrical, plumbing, heating, and ventilation systems in good working order, as well as any supplied appliances and fixtures
  • In a building with four or more units, provide and maintain trash bins and arrange for their removal

If there's been a breach of the warranty of habitability, Ohio tenants should request a repair in writing.


[1] Ohio Revised Code §5321.13(A)

[2] ORC §5321.04

The information provided on this website does not, and is not intended to, constitute legal advice.