Ohio Rev. Code § 5321 § 5321.13
Terms prohibited in rental agreement.
Operative Text
(A) No provision of this chapter may be modified or waived by any oral or written agreement except as provided in division (F) of this section. (B) No warrant of attorney to confess judgment shall be recognized in any rental agreement or in any other agreement between a landlord and tenant for the recovery of rent or damages to the residential premises. (C) No agreement to pay the landlord's or tenant's attorney's fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant. (D) No agreement by a tenant to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or its related costs shall be recognized in any rental agreement or in any other agreement between a landlord and tenant. (E) A rental agreement, or the assignment, conveyance, trust deed, or security instrument of the landlord's interest in the rental agreement may not permit the receipt of rent free of the obligation to comply with section 5321.04 of the Revised Code. (F) The landlord may agree to assume responsibility for fulfilling any duty or obligation imposed on a tenant by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section.
Ohio Rev. Code § 5321.13 establishes several categories of lease terms that Ohio law refuses to recognize or enforce in residential rental agreements. Specifically, the law voids any clause that waives tenant protections under Ohio Rev. Code ch. 5321, allows a landlord to confess judgment against a tenant without a court proceeding, requires either party to pay the other's attorney's fees, or releases a landlord from legal liability. Additionally, a landlord cannot use any transfer or security instrument tied to the rental agreement to escape the maintenance obligations set out in § 5321.04, though landlords may voluntarily take on certain tenant duties under § 5321.05.
Plain English — not legal advice.
Under Ohio Rev. Code § 5321.13, compliant residential lease agreements omit several types of clauses that Ohio courts will not enforce regardless of whether both parties signed them. Operators generally ensure their lease templates do not include confession-of-judgment provisions, attorney's-fee-shifting clauses, or any language purporting to release the landlord from statutory maintenance duties under § 5321.04. A landlord may, however, include a provision in which the landlord voluntarily assumes certain maintenance responsibilities that § 5321.05 would otherwise place on the tenant, with the exception of the obligation described in § 5321.05(A)(9).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ohio Rev. Code § 5321.13 means that certain lease clauses are unenforceable against tenants even if a tenant signed the agreement. If a lease contains a provision waiving ch. 5321 protections, shifting attorney's fees to the tenant, limiting the landlord's liability, or purporting to allow judgment without a court hearing, a tenant may raise the unenforceability of those clauses as a defense in a legal proceeding. Tenants who believe their lease contains prohibited terms may wish to consult a tenant-rights organization or legal aid office familiar with Ohio landlord-tenant law for general information about their options.
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.
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