When renting a new apartment or renewing a lease, renters in the City of Cincinnati (who are planning to rent from a landlord who owns and controls more than 25 rental units) have the right to use an alternatives to paying a traditional security deposit.  Landlords who own and control 25 rental units or less are not required to offer alternative options.

Prior to entering into a rental agreement, a landlord must provide you written notice of the available security deposit alternatives. 

1. Payment of a Reduced Security Deposit

   • Which must be no more than 50% of the monthly rental rate charged for the subject rental unit.

2. Payment of the Security Deposit in Monthly Installments

   • Monthly installments must be stretched over at least 6 months

   • Installments must be due on the same day as the monthly rent payment and can be paid together in a single transaction

3. Rental Security Deposit "Insurance"/Surety Bonds

   • • The insurance provider must be an approved carrier licensed by, and in good standing with, the Ohio Department of Insurance,

• The coverage must be effective upon the payment of the first premium and remain effective for the entire lease term,

3. • And, the coverage provided per claim must be no less than the amount the landlord requires for security deposits. 

   • * Please read "Using Security Deposit "Insurance"/Surety Bonds as Your Chosen Alternative" on our Rent & Deposit page before deciding *

Source: https://www.cincinnatireia.com/Misc/MemberFiles/Renters_Choice.pdf

What If My Landlord Does Not Offer Alternatives?

• There are no penalties under the law for non-compliant landlords.

• You could "bring an action for injunctive relief or sue the landlord for damages,"

  • • But you might not be considered a tenant if you have not lived in that unit, meaning your case might not go through.

    • And, it is unclear what damages you would "be able to establish", so damages are going to be hard to prove and uncertain.

Source: KMK Law. "Issues for Residential Landlords Attempting to Navigate Cincinnati's New Security Deposit Legislation." KMK Real Estate Law Blog, 2.28.2020

Retaliation by the landlord as a response to a tenant exercising their rights is illegal.  A landlord cannot legally raise the rent, decrease his services, forcibly enter,  or bring or threaten to bring an eviction action against a tenant merely because of complaints.  If you believe a landlord is retaliating for lawfully exercising your rights as a tenant, call LegalAid (513.241.9400) or Housing Opportunities Made Equal (513-721-4663) for help.

Tenants Have the Right To...

• • Complain to the landlord for not fulfilling their duties under the ORC

  • Exercise their rights

  • Complain to an appropriate governmental agency

  • Organize

Retaliatory Eviction

If landlord files an eviction within 6 months of a tenant complaint, the court assumes it is filed in retaliation

If being evicted and landlord retaliation is suspected, the tenant may:

• • Use the retaliatory action of the landlord as a defense in an eviction;

  • Bring a civil lawsuit against the landlord when a landlord uses a self-help eviction or acts of retaliation;

  • Sue for damages and attorney fees;

  • Terminate the rental agreement or lease contract. 

Source: Ohio Tenant Landlord Law-General Guidelines, Housing Opportunities Made Equal

Undocumented Immigrants

The Hamilton County court does not notify ICE or Homeland Security of persons suspected of not having proper immigration documentation.  

If a landlord knows that you are undocumented, they could use that information against you.  If you are experiencing harassment or an unhealthy/unsafe living environment, call LegalAid for help (513.241.9400).

• A copy of all rules and regulations concerning the use, occupancy and maintenance of the rental unit, appurtenances thereto, and the property of which the rental unit is a part, 

• A copy of the "Notice to tenants" set out in paragraph 871-11(a) and shall obtain from the tenant a written acknowledgement by the tenant of receipt of the rules and regulations and the "Notice to tenants" set out in paragraph 871 -11 (a).

• A complete copy of the written rental agreement, if any.