State law includes some protections for tenants against retaliation from landlords, and some protections for manufactured (mobile) home park residents against retaliation from park owners.
Tenant Protections from Retaliation
State law (Ohio Revised Code 5321.02) prohibits landlords from retaliating in certain ways against tenants who do certain things. Then, if landlords engage in this prohibited retaliation, the law gives tenants certain legal “remedies” – ways tenants can respond.
Protected Tenant Activities
- Reporting the landlord to a government agency for violating a health & safety code
- Requesting the landlord make repairs required by R.C. 5321.04
- Joining with other tenants to collectively negotiate with the landlord about any terms and conditions of a rental agreement
Prohibited Forms of Landlord Retaliation (in response to protected tenant activities)
- Increasing tenant’s rent
- Decreasing tenant’s services
- Threatening to evict tenant
- Filing with court to evict tenant
(Note: Cleveland, East Cleveland, Euclid, and Columbus have passed stronger local anti-retaliation laws that also prohibit a landlord from refusing to renew a rental agreement in retaliation against protected tenant activities. But refusal to renew a rental agreement is not a form of retaliation prohibited by state law. As a result, tenants with month-to-month rental agreements, and tenants whose unrenewed long-term leases are due to expire soon, may be more vulnerable to landlord retaliation and should contact COHHIO at 888-485-7999 or RentInfo@cohhio.org for more information.)
Retaliation Remedies: What Tenants Can Do
- Attempt to use the retaliatory action as a defense against eviction in court
- Terminate the rental agreement
- Sue the landlord for actual damages resulting from prohibited retaliation and reasonable attorney’s fees (See Ohio Revised Code 5321.04 and R.C. 5321.02)
Manufactured (Mobile) Home Park Resident Protections from Retaliation
State law (Ohio Revised Code 4781.36) prohibits manufactured (mobile) home park owners from retaliating in certain ways against residents who do certain things. Then, if park owners engage in this prohibited retaliation, the law gives residents certain legal “remedies” – ways residents can respond.
Protected Park Resident Activities
- Reporting the park owner to a government agency for violating a health & safety code
- Requesting that the park owner correct any failure to fulfill their legal responsibilities under R.C. 4781.38
- Joining with other residents to collectively negotiate with the owner about any terms and conditions of a rental agreement
Prohibited Park Owner Retaliation (in response to protected park resident activities)
- Increasing resident’s rent
- Decreasing resident’s services
- Threatening to not renew residents rental agreement
- Refusing to renew resident’s rental agreement
- Threatening to evict resident
- Filing with court to evict resident
Retaliation Remedies: What Manufactured (Mobile) Home Park Residents Can Do
- Attempt to use the retaliatory action as a defense against eviction in court
- Terminate the rental agreement
- Sue the park owner for actual damages resulting from prohibited retaliation and reasonable attorney’s fees (See R.C. 4781.36 and R.C. 4781.46)
