Ohio Rev. Code § 5321 § 5321.01

Landlord and tenant definitions.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/3/2023OhioLease Requirements

Operative Text

Ohio Rev. Code § 5321 § 5321.01
As used in this chapter:
(A) "Tenant" means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others.
(B) "Landlord" means the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement.
(C) "Residential premises" means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned or operated by a college or university. "Residential premises" does not include any of the following:
(1) Prisons, jails, workhouses, and other places of incarceration or correction, including, but not limited to, halfway houses or residential arrangements that are used or occupied as a requirement of a community control sanction, a post-release control sanction, or parole;
(2) Hospitals and similar institutions with the primary purpose of providing medical services, and homes licensed pursuant to Chapter 3721. of the Revised Code;
(3) Tourist homes, hotels, motels, recreational vehicle parks, recreation camps, combined park-camps, temporary park-camps, and other similar facilities where circumstances indicate a transient occupancy;
(4) Elementary and secondary boarding schools, where the cost of room and board is included as part of the cost of tuition;
(5) Orphanages and similar institutions;
(6) Farm residences furnished in connection with the rental of land of a minimum of two acres for production of agricultural products by one or more of the occupants;
(7) Dwelling units subject to Chapter 3733. of the Revised Code;
(8) Occupancy by an owner of a condominium unit;
(9) Occupancy in a facility licensed as an SRO facility pursuant to Chapter 3731. of the Revised Code, if the facility is owned or operated by an organization that is exempt from taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or group of entities in which such an organization has a controlling interest, and if either of the following applies:
(a) The occupancy is for a period of less than sixty days.
(b) The occupancy is for participation in a program operated by the facility, or by a public entity or private charitable organization pursuant to a contract with the facility, to provide either of the following:
(i) Services licensed, certified, registered, or approved by a governmental agency or private accrediting organization for the rehabilitation of persons with mental illnesses, persons with developmental disabilities, adults or juveniles convicted of criminal offenses, or persons experiencing substance abuse;
(ii) Shelter for juvenile runaways, victims of domestic violence, or homeless persons.
(10) Emergency shelters operated by organizations exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, for persons whose circumstances indicate a transient occupancy, including homeless people, victims of domestic violence, and juvenile runaways.
(D) "Rental agreement" means any agreement or lease, written or oral, which establishes or modifies the terms, conditions, rules, amount of rent charged or paid, or any other provisions concerning the use and occupancy of residential premises by one of the parties.
(E) "Security deposit" means any deposit of money or property to secure performance by the tenant under a rental agreement.
(F) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
(G) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(H) "Student tenant" means a person who occupies a dwelling unit owned or operated by the college or university at which the person is a student, and who has a rental agreement that is contingent upon the person's status as a student.
(I) "Recreational vehicle park," "recreation camp," "combined park-camp," and "temporary park-camp" have the same meanings as in section 3729.01 of the Revised Code.
(J) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(K) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.
(L) "School premises" has the same meaning as in section 2925.01 of the Revised Code.
(M) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(N) "Preschool or child care center premises" has the same meaning as in section 2950.034 of the Revised Code.
(O) "Rent control" means requiring below-market rents for residential premises or controlling rental rates for residential premises in any manner, including by prohibiting rent increases, regulating rental rate changes between tenancies, limiting rental rate increases, regulating the rental rates of residential premises based on income or wealth of tenants, and other forms of restraint or limitation of rental rates.
(P) "Rent stabilization" means allowing rent increases for residential premises of a fixed amount or on a fixed schedule as set by a political subdivision.
(Q) "Political subdivision" means a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state.
Source: Legislative text reproduced verbatim
Plain English

Ohio Rev. Code § 5321.01 establishes the foundational vocabulary used throughout Ohio's landlord-tenant law by defining key terms such as 'tenant,' 'landlord,' 'residential premises,' 'rental agreement,' and 'security deposit.' Notably, the definition of 'residential premises' is broad enough to include college- and university-owned housing but explicitly excludes a range of settings—such as hotels, prisons, hospitals, farm residences, and certain nonprofit shelter facilities—where the chapter's protections do not apply. The section also defines 'rent control' and 'rent stabilization' as distinct concepts, and clarifies that 'political subdivision' refers to local governmental bodies smaller than the state.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in Ohio should be familiar with the definitions in § 5321.01, because they determine whether a given housing arrangement falls within the scope of Chapter 5321 at all. Operators of facilities that may fall into excluded categories—such as transient lodging, farm residences, or certain nonprofit SRO facilities—generally document the nature of their operations to support a clear determination of whether the chapter applies. Landlords who manage college or university housing should note that such dwelling units are expressly included within the definition of 'residential premises' under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Ohio Rev. Code § 5321.01 defines who qualifies as a 'tenant' and what counts as 'residential premises' under Ohio's landlord-tenant law, which matters because only those who meet these definitions are entitled to the chapter's protections. Individuals living in hotels, certain nonprofit shelters, farm residences tied to agricultural land, or other excluded settings may find that Chapter 5321 does not govern their occupancy arrangement. Those uncertain about whether their housing situation falls within these definitions may benefit from consulting a tenant-rights organization or legal aid provider familiar with Ohio housing law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 3, 2023
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References Out

Rules and statutes cited by this regulation

Ohio Rev. Code § 3719.01
Not yet ingested
Ohio Rev. Code § 3729.01
Not yet ingested
Ohio Rev. Code § 2929.01
Not yet ingested
Ohio Rev. Code § 2967.01
Not yet ingested
Ohio Rev. Code § 2925.01
Not yet ingested
Ohio Rev. Code § 2950.01
Not yet ingested
Ohio Rev. Code § 2950.034
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References In

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Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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