Ohio Commercial Lease Agreement

The commercial agreement in Ohio should encompass guidelines for security deposit management, ensuring fair handling and clarity. It outlines the Lessor’s right to access the property for inspections and repairs alongside the Lessee’s right to privacy. Environmental responsibilities are clearly defined, adhering to legal standards. The agreement also sets forth necessary notice requirements and includes all mandatory disclosures.

Security Deposit Limits and Handling

• Ohio law doesn’t mandate Lessors to collect any specific amount of security deposit, but it’s a common practice, often amounting to at least one month’s rent.

• Deposits exceeding $50 or one month’s rent must be held in an interest-bearing account by the Lessor. Security deposits also mandated that the Lessor pay 5% interest to the Lessee annually. 

Right of Entry for Inspections and Repairs

• The Lessor must give a minimum of 24 hours’ notice before entering the commercial rental property for repairs or to show it to prospective tenants.

Environmental Responsibilities

• The Lessor and Lessee acknowledge their respective responsibilities under the Federal Law, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and relevant state environmental laws. 

• Under environmental and tort law, a Lessor can be liable for the environmental contamination caused by a Lessee. To address this liability, the Ohio Commercial Lease Agreement includes specific provisions that outline the responsibilities of the Lessor and the Lessee concerning environmental compliance and protection. These provisions have:

• The Lessee is responsible for reimbursing the Lessor for any environmental cleanup costs incurred due to the Lessee’s operations.
• The Lessee must adhere to specific standards for managing hazardous substances and ensure proper cleanup as required.
• The Lessee is required to promptly notify the Lessor of any correspondence from environmental agencies and grant the Lessor the right to inspect the premises for environmental compliance.
• Upon termination of the lease, the Lessee is obligated to surrender the premises in a condition free from environmental contamination.
• The Lessee is required to maintain adequate insurance coverage for environmental risks associated with the leased premises.

Notice Requirements

• In Ohio, lessees of commercial properties aren’t required to provide notice to end a fixed-term lease. 

• Lessees should carefully review their lease agreements, as Lessors typically specify their preferred notice delivery method, such as in-person or mail deliveries. 
• Adherence to these specified methods is crucial to avoid penalties in accordance with the agreed terms of the Ohio Commercial Lease Agreement.

• If a Lessee decides to deposit rent with a court clerk, the clerk must send a written notice to the Lessor. This court clerk must place the rent in a separate rent escrow account.

• Under Ohio landlord-tenant law, a Lessor isn’t required to provide written notice to the Lessee before increasing the rent.

• In Ohio, a Lessor can issue various notices to a Lessee for eviction under specific circumstances:

• A three (3) day notice to pay or quit is issued if the Lessee fails to pay rent. 
• For violations of lease terms, a three (3) day notice to quit is sent. 
• A Lessor must first send a notice demanding possession of the premises. If the Lessee doesn’t respond, a three (3) day vacate notice is issued.

Disclosures

Ohio tenancy laws require Lessors to include essential disclosures in the lease agreement, such as:

• The name and address of the Lessee (Owner) and details of any representing agent. 
• Disclosure of lead-based paint presence for buildings built before 1978 is mandated, with non-compliance potentially resulting in significant fines or penalties.