Bill Text: OH HB64 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To enable members of the armed services and the Ohio National Guard to terminate a rental agreement when the member receives military orders to deploy or for a permanent change of station.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2009-04-23 - To State & Local Government & Veterans Affairs [HB64 Detail]

Download: Ohio-2009-HB64-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. H. B. No. 64

Representative Pillich 

Cosponsors: Representatives Foley, Pryor, Hagan, Murray, Garland, Letson, Weddington, Williams, S., Williams, B., Patten, Phillips, Yuko, Skindell, Koziura, Luckie, Stewart, Gardner, Jones, Stautberg, Blessing, Grossman, Adams, R., Bacon, Balderson, Batchelder, Blair, Book, Boose, Boyd, Brown, Bubp, Burke, Carney, Celeste, Chandler, Combs, Daniels, DeBose, DeGeeter, Derickson, Dodd, Domenick, Driehaus, Dyer, Evans, Fende, Garrison, Gerberry, Goyal, Hackett, Hall, Harris, Harwood, Heard, Hite, Hottinger, Huffman, Lehner, Lundy, Mallory, Mandel, Martin, McClain, McGregor, Mecklenborg, Moran, Morgan, Newcomb, Oelslager, Sayre, Schneider, Slesnick, Snitchler, Szollosi, Uecker, Ujvagi, Winburn, Yates, Zehringer 

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A BILL

To amend section 5321.01 and to enact section 5321.20

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of the Revised Code to enable members of the armed

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services and the Ohio National Guard to terminate

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a rental agreement when the member receives

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military orders to deploy or for a permanent

5

change of station.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5321.01 be amended and section	7
5321.20 of the Revised Code be enacted to read as follows:	8

Sec. 5321.01.  As used in this chapter:

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(A) "Tenant" means a person entitled under a rental agreement	10
to the use and occupancy of residential premises to the exclusion	11
of others.	12

(B) "Landlord" means the owner, lessor, or sublessor of	13
residential premises, the agent of the owner, lessor, or	14
sublessor, or any person authorized by the owner, lessor, or	15
sublessor to manage the premises or to receive rent from a tenant	16
under a rental agreement.	17

(C) "Residential premises" means a dwelling unit for	18
residential use and occupancy and the structure of which it is a	19
part, the facilities and appurtenances in it, and the grounds,	20
areas, and facilities for the use of tenants generally or the use	21
of which is promised the tenant. "Residential premises" includes a	22
dwelling unit that is owned or operated by a college or	23
university. "Residential premises" does not include any of the	24
following:	25

(1) Prisons, jails, workhouses, and other places of	26
incarceration or correction, including, but not limited to,	27
halfway houses or residential arrangements that are used or	28
occupied as a requirement of a community control sanction, a	29
post-release control sanction, or parole;	30

(2) Hospitals and similar institutions with the primary	31
purpose of providing medical services, and homes licensed pursuant	32
to Chapter 3721. of the Revised Code;	33

(3) Tourist homes, hotels, motels, recreational vehicle	34
parks, recreation camps, combined park-camps, temporary	35
park-camps, and other similar facilities where circumstances	36
indicate a transient occupancy;	37

(4) Elementary and secondary boarding schools, where the cost	38
of room and board is included as part of the cost of tuition;	39

(5) Orphanages and similar institutions;

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(6) Farm residences furnished in connection with the rental	41
of land of a minimum of two acres for production of agricultural	42
products by one or more of the occupants;	43

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	44
the Revised Code;	45

(8) Occupancy by an owner of a condominium unit;

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(9) Occupancy in a facility licensed as an SRO facility	47
pursuant to Chapter 3731. of the Revised Code, if the facility is	48
owned or operated by an organization that is exempt from taxation	49
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	50
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	51
group of entities in which such an organization has a controlling	52
interest, and if either of the following applies:	53

(a) The occupancy is for a period of less than sixty days.

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(b) The occupancy is for participation in a program operated	55
by the facility, or by a public entity or private charitable	56
organization pursuant to a contract with the facility, to provide	57
either of the following:	58

(i) Services licensed, certified, registered, or approved by	59
a governmental agency or private accrediting organization for the	60
rehabilitation of mentally ill persons, developmentally disabled	61
persons, adults or juveniles convicted of criminal offenses, or	62
persons suffering from substance abuse;	63

(ii) Shelter for juvenile runaways, victims of domestic	64
violence, or homeless persons.	65

(10) Emergency shelters operated by organizations exempt from	66
federal income taxation under section 501(c)(3) of the "Internal	67
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	68
amended, for persons whose circumstances indicate a transient	69
occupancy, including homeless people, victims of domestic	70
violence, and juvenile runaways.	71

(D) "Rental agreement" means any agreement or lease, written	72
or oral, which establishes or modifies the terms, conditions,	73
rules, or any other provisions concerning the use and occupancy of	74
residential premises by one of the parties.	75

(E) "Security deposit" means any deposit of money or property	76
to secure performance by the tenant under a rental agreement.	77

(F) "Dwelling unit" means a structure or the part of a	78
structure that is used as a home, residence, or sleeping place by	79
one person who maintains a household or by two or more persons who	80
maintain a common household.	81

(G) "Controlled substance" has the same meaning as in section	82
3719.01 of the Revised Code.	83

(H) "Student tenant" means a person who occupies a dwelling	84
unit owned or operated by the college or university at which the	85
person is a student, and who has a rental agreement that is	86
contingent upon the person's status as a student.	87

(I) "Recreational vehicle park," "recreation camp," "combined	88
park-camp," and "temporary park-camp" have the same meanings as in	89
section 3729.01 of the Revised Code.	90

(J) "Community control sanction" has the same meaning as in	91
section 2929.01 of the Revised Code.	92

(K) "Post-release control sanction" has the same meaning as	93
in section 2967.01 of the Revised Code.	94

(L) "School premises" has the same meaning as in section	95
2925.01 of the Revised Code.	96

(M) "Sexually oriented offense" and "child-victim oriented	97
offense" have the same meanings as in section 2950.01 of the	98
Revised Code.	99

(N) "Preschool or child day-care center premises" has the the	100
same meaning as in section 2950.034 of the Revised Code.	101

(O) "Active duty" means duty that is in response to military	102
orders to deploy with a military unit or as an individual in	103
support of a military operation, for a period of not less than	104
ninety days. The military orders may be in response to an	105
executive order of the President of the United States, an act of	106
the Congress of the United States, or an order of the governor.	107
When associated with these military orders, "active duty" includes	108
full-time training, training at a school designated as a service	109
school by law or by the secretary of the military department	110
concerned, and full-time national guard duty.	111

(P) "Service member" means a member of the armed forces or	112
reserve forces of the United States or a member of the Ohio	113
national guard.	114

(Q) "Military orders" means official military orders or any	115
notification, certification, or verification from the service	116
member's commanding officer with respect to the service member's	117
current or future military duty status.	118

Sec. 5321.20.  (A) A tenant who is a service member may, at	119
the tenant's option, terminate a rental agreement at any time	120
after the tenant receives military orders that require the tenant	121
to do either of the following:	122

(1) Relocate due to a permanent change of station;

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(2) Deploy on active duty with a military unit, or as a	124
person in support of a military operation, for a period of not	125
less than ninety days.	126

(B) To terminate a rental agreement pursuant to this section,	127
the tenant shall deliver a written notice of the termination,	128
along with a copy of the military orders, to the landlord at the	129
address where rent normally is paid. The delivery may be in person	130
or sent by United States mail, return receipt requested, to that	131
address.	132

(C) The termination of a rental agreement pursuant to this	133
section is effective as follows:	134

(1) In the case of a month-to-month rental agreement, thirty	135
days after the date on which the next rental payment is due;	136

(2) In the case of any other rental agreement, on the last	137
day of the month that follows the month in which the notice is	138
delivered.	139

(D)(1) The tenant shall pay on a prorated basis any rent that	140
is due for the period preceding the effective termination date of	141
the rental agreement.	142

(2) The landlord shall refund within thirty days after the	143
effective termination date any rental amounts that the tenant paid	144
in advance for any period that is after the effective termination	145
date of the rental agreement.	146

(3) The landlord shall return to the tenant any deposit and	147
other amounts due to the tenant as this chapter requires, as if	148
the rental agreement ended on the effective termination date	149
pursuant to its own terms.	150

(E) The early termination of a rental agreement pursuant to	151
this section is deemed to be a termination pursuant to the terms	152
of the rental agreement and the early termination may not be used	153
as a basis to withhold a security deposit or other amounts due the	154
tenant. A landlord may withhold amounts for actual damages in the	155
same manner and for the same reasons as this chapter permits for	156
rental agreements that expire pursuant to their own terms.	157

(F)(1) If a landlord violates this section, the tenant may	158
recover double damages resulting from that violation and may	159
recover reasonable attorney's fees.	160

(2) A tenant who terminates the rental agreement due to	161
deployment may file for damages at any time prior to ninety days	162
following the tenant's return from deployment or at any later time	163
as otherwise provided by law.	164

Section 2. That existing section 5321.01 of the Revised Code	165
is hereby repealed.	166