Renting a home that was foreclosed in Ohio: your rights

Your rights as a renter in Ohio, in order

1. The federal floor: 90 days, and often your full lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to leave, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. You are bona fide if you are not the former owner or the owner's spouse, child or parent, the deal was at arm's length, and the rent is not far below market unless subsidized. Section 8 voucher holders get extra protection. See the [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

2. Ohio's own notice periods are shorter, so the federal 90 days controls

   Month to month or week to week tenancies

   Ohio law lets a landlord end a month to month tenancy with 30 days' notice before a rent due date, and a week to week tenancy with 7 days' notice. For a bona fide tenant after a foreclosure, the federal 90 days is longer and still applies.

   Ohio Rev. Code § 5321.17(A), (B)

3. If the court appoints a receiver, rent may go to the receiver

   While the foreclosure case is pending

   An Ohio court can appoint a receiver in a mortgage foreclosure case, and in a condo or planned community foreclosure the receiver can collect rent, which goes first to the association fees. If you get a court order or letter naming a receiver, ask for a copy of the order before you change who you pay. Otherwise keep paying under your lease and keep proof of every payment.

   Ohio Rev. Code §§ 2735.01(A)(2), 5311.18(B)(2), 5312.12(C)(1)

4. The new owner must go to court to remove you

   After any federal notice period runs out

   To evict, the new owner must first give you a written notice to leave at least 3 days before filing, with required wording, and then file an eviction case. Ohio Legal Help says you will get a summons with a hearing date, usually about 2 weeks later, and if the court orders you out, the notice posted on your door generally gives you about 5 days before the sheriff can set out your things.

   Ohio Rev. Code §§ 1923.02(A)(1), 1923.04(A)

5. No lockouts and no utility shutoffs to force you out

   Any time

   Ohio law bars a landlord, including a new owner or its agent, from shutting off utilities, changing the locks or threatening you to get you out, other than through the court process. A landlord who does this can be sued for your damages and attorney's fees.

   Ohio Rev. Code §§ 5321.01(B), 5321.15

6. Repairs and rent escrow

   30 days after your written repair notice

   If the home falls into disrepair while the owner is losing it, you can send written notice of the problems to where you pay rent. If nothing is fixed within a reasonable time or 30 days, whichever is sooner, and you are current on rent, you can deposit your rent with the municipal or county court clerk instead. This does not apply to a landlord with 3 or fewer units who gave you written notice of that.

   Ohio Rev. Code § 5321.07

7. Getting your security deposit back

   Within 30 days after you move out

   When your tenancy ends and you leave, the landlord must return your deposit, or send an itemized list of deductions with what is left, within 30 days. Give your forwarding address in writing, or you can lose the right to damages. We found no Ohio statute that moves your deposit to the new owner after a foreclosure, so ask both your old landlord and the new owner in writing who holds it.

   Ohio Rev. Code § 5321.16(B), (C)

Common questions in Ohio