Ohio Rev. Code § 5321 § 5321.131
Display of certain flags.
Operative Text
(A) No landlord shall include any restriction in a rental agreement against, or otherwise prohibit on a tenant's rental property, any of the following: (1) The display of the flag of the United States or the national league of families POW/MIA flag if the flag is displayed in accordance with any of the following: (a) The patriotic customs set forth in 4 U.S.C. 5-10, and 36 U.S.C. 902, governing the display and use of the flag; (b) Federal law, state law, or any local ordinance or resolution; (c) A proclamation of the president of the United States or the governor of the state. (2) The display of the state flag as defined in section 5.01 of the Revised Code if the flag is displayed in accordance with state law, any local ordinance or resolution, or proclamation by the governor of the state; (3) The display of a service flag approved by the United States secretary of defense for display in a window of the residence of a member of the immediate family of an individual serving in the armed forces of the United States. A service flag includes a blue star banner, a gold star banner, and any other flag the secretary of defense designates as a service flag. (B)(1) A tenant who requests to display the flag of the United States or the national league of families POW/MIA flag at the rental property as provided in division (A)(1) of this section through the use of a flag pole shall contact the landlord with reasonable notice before installation of the flag pole to discuss the following: (a) Placement in compliance with any local zoning restrictions and the required underground utility service requests (OUPS); (b) Cost of the materials and installation; (c) Installation in a workerlike manner if installed at the tenant's request and expense; (d) Any lighting required to comply with division (A)(1)(a) of this section; (e) The appropriate size of the flag and flag pole, which shall be consistent with the size and character of the building. (2) A tenant who requests to display the flag of the United States or the national league of families POW/MIA flag at the rental property as provided in division (A)(1) of this section through the use of a bracket to be permanently affixed to the unit, shall contact the landlord with reasonable notice before installation of the bracket to discuss the following: (a) Placement in compliance with any local zoning restrictions; (b) Cost of the materials and installation; (c) Preferred location of the bracket with installation to be performed in a workerlike manner if installed at the tenant's request and expense; (d) Any lighting required to comply with division (A)(1)(a) of this section; (e) The appropriate size of the flag and flag pole, which shall be consistent with the size and character of the building. (C) A landlord who does not receive the notifications required under division (B) of this section is not liable for any damages, fines, or costs associated with any issues arising from the placement of the flag pole or the bracket by the tenant. (D) Any violation of this section is against public policy and unenforceable. Any provision of a rental agreement that violates this section is an unconscionable term under section 5321.14 of the Revised Code. (E) Nothing in division (B) of this section exempts a tenant from a provision in a lease agreement that requires a tenant, at the termination of a lease, to return the premises in the same condition as they were in when the tenant took possession.
Ohio Rev. Code § 5321.131 prohibits landlords from including lease clauses or other restrictions that prevent tenants from displaying the U.S. flag, the POW/MIA flag, the Ohio state flag, or approved military service flags on their rental property, provided those flags are displayed in accordance with applicable federal, state, or local rules. When a tenant wants to install a flag pole or a permanently affixed bracket to fly the U.S. or POW/MIA flag, the law requires the tenant to give the landlord reasonable advance notice so that both parties can discuss placement, costs, installation standards, lighting, and appropriate sizing. Any lease term that violates this section is deemed unconscionable and unenforceable under Ohio law, and a landlord who never received the required notice is shielded from liability for problems arising from the installation.
Plain English — not legal advice.
Under Ohio Rev. Code § 5321.131, compliant landlords review their lease templates to ensure no clause restricts the display of the U.S. flag, POW/MIA flag, Ohio state flag, or secretary-of-defense-approved service flags when those flags are displayed according to applicable law. When a tenant provides the required advance notice about installing a flag pole or permanent bracket, operators generally engage in a good-faith discussion covering zoning compliance, OUPS utility requests, costs, workmanlike installation, lighting, and appropriate flag and pole sizing. Landlords who do not receive the notice required by division (B) are not liable for damages, fines, or costs arising from placement issues, and they may still enforce standard lease provisions requiring tenants to restore the premises to their original condition at move-out.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ohio Rev. Code § 5321.131 gives tenants the right to display the U.S. flag, the POW/MIA flag, the Ohio state flag, and approved military service flags on their rental property, and any lease clause attempting to prohibit such display is void and unenforceable as an unconscionable term. Tenants who wish to install a flag pole or a permanently affixed bracket for the U.S. or POW/MIA flag are generally expected to notify their landlord with reasonable advance notice before installation and to participate in a discussion about placement, costs, and sizing as outlined in division (B). Tenants who believe a landlord has improperly restricted flag display under § 5321.131 may consider raising the provision's public-policy declaration as a defense in any related legal proceeding, or they may consult a tenant-rights organization for general information about available 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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.