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Clayton is a suburban city in Montgomery County, Ohio, situated northwest of Dayton. Like all Ohio municipalities, Clayton's rental market operates entirely under the Ohio Landlord and Tenant Act (O.R.C. Chapter 5321), which sets baseline rights and responsibilities for both renters and landlords throughout the state. Clayton has enacted no local ordinances that add to or modify those state-level protections.
Renters in Clayton most commonly have questions about security deposit returns, repair obligations, eviction notice requirements, and whether landlords can raise rent without limit. Ohio law addresses each of these directly — and while the state offers no rent control, it does provide meaningful protections around habitability, retaliation, and unlawful lockouts. Understanding these rules helps Clayton tenants recognize when a landlord is acting outside the law.
This article is for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you are facing eviction or another urgent housing issue, contact a qualified attorney or one of the free legal aid organizations listed at the bottom of this page.
Clayton has no rent control, and Ohio state law makes that permanent. Ohio Rev. Code § 4781.031 explicitly prohibits any local government — including cities, townships, and counties — from enacting any ordinance or resolution that would control, regulate, or limit the amount of rent a landlord may charge. This statewide preemption means the Clayton City Council has no legal authority to adopt rent stabilization, even if it wanted to.
In practical terms, your landlord in Clayton can raise your rent by any dollar amount at any time — as long as they provide adequate notice before the increase takes effect. For month-to-month tenants, Ohio Rev. Code § 5321.17 requires at least 30 days' written notice before a rent increase (or termination) becomes effective. For tenants with a fixed-term lease, the rent is locked in for the lease term; increases can only take effect when the lease renews or expires. There is no requirement that a landlord justify the size of a rent increase.
Ohio's Landlord and Tenant Act (O.R.C. Chapter 5321) applies to every residential rental in Clayton and provides the following core protections:
Habitability & Repairs (O.R.C. § 5321.04, § 5321.07): Landlords must maintain rental units in a fit and habitable condition, keep common areas safe and sanitary, ensure all electrical, plumbing, heating, and ventilation systems are in good working order, and comply with all applicable housing and building codes. If your landlord fails to make a necessary repair, you must first give written notice of the problem. The landlord then has 30 days to remedy the condition — or a shorter reasonable time if the issue constitutes an emergency. If repairs are not made within that window, Ohio Rev. Code § 5321.07 allows a tenant to deposit rent into an escrow account with the court, terminate the lease, or (in limited circumstances) arrange for repairs and deduct the cost from rent.
Security Deposit Return (O.R.C. § 5321.16): Landlords must return your security deposit within 30 days of you vacating the unit, along with a written, itemized list of any deductions. Failure to comply entitles you to recover the full deposit plus damages equal to the amount wrongfully withheld. See the Security Deposit section below for full details.
Notice Requirements (O.R.C. § 5321.17): To end a month-to-month tenancy, either the landlord or the tenant must give at least 30 days' written notice before the next rent due date. Week-to-week tenancies require at least 7 days' notice. Fixed-term leases end on their expiration date without additional notice unless the lease specifies otherwise.
Anti-Retaliation Protection (O.R.C. § 5321.02): A landlord may not retaliate against a tenant for reporting housing code violations to a government agency, complaining to the landlord about habitability issues, joining or organizing a tenants' union, or exercising any other right under Ohio law. Prohibited retaliatory acts include raising rent, reducing services, filing an eviction action, or threatening any of these. Retaliation is presumed if the landlord takes adverse action within 90 days of the tenant's protected activity. A tenant who prevails on a retaliation claim may recover actual damages and reasonable attorney fees.
Lockout & Utility Shutoff Prohibition (O.R.C. § 5321.15): Self-help eviction is illegal in Ohio. A landlord who removes or excludes a tenant from the premises without going through the court process, changes locks without the tenant's consent, or deliberately interrupts essential utilities — such as heat, electricity, or water — is liable for actual damages. Willful violations can result in damages up to 10 times the actual damages suffered.
No Statutory Cap: Ohio imposes no limit on how large a security deposit a landlord may charge. Clayton landlords may require one month's rent, two months' rent, or any other amount they choose at the time of leasing.
Interest on Large Deposits (O.R.C. § 5321.16): If your security deposit exceeds one month's rent and you have lived in the unit for more than six months, the landlord is required to pay 5% annual interest on the deposit amount that exceeds one month's rent. That interest accrues annually and must be paid to you or credited against rent.
Return Deadline: After you vacate, your landlord has exactly 30 days to return your deposit. Along with the returned funds, the landlord must provide a written, itemized statement explaining any deductions for unpaid rent or actual damages beyond normal wear and tear (O.R.C. § 5321.16).
Penalty for Non-Compliance: If a landlord fails to return the deposit and provide the itemized statement within 30 days, you are entitled to recover: (1) the full amount of the deposit wrongfully withheld, plus (2) damages in an amount equal to the amount wrongfully withheld. In effect, a landlord who improperly keeps your deposit may owe you double that amount. You may file a small claims court action in the Montgomery County Municipal Court for amounts up to $6,000, or in the general division for larger amounts.
Protect Yourself: Document the condition of your unit at move-in and move-out with dated photographs. Provide your forwarding address in writing so the landlord has no excuse for missing the 30-day deadline.
Evictions in Clayton follow the formal process prescribed by Ohio Rev. Code Chapter 1923 (the Forcible Entry and Detainer statute). Landlords must go through the court system — there are no shortcuts.
Step 1 — Written Notice: Before filing in court, the landlord must serve you with the appropriate written notice:
Step 2 — Filing in Court: If you do not vacate after proper notice, the landlord may file a Forcible Entry and Detainer (FED) complaint in the Montgomery County Municipal Court, Dayton Division. You will be served with a summons stating the hearing date.
Step 3 — Hearing: The eviction hearing is typically scheduled within 7 to 10 days of filing. Attend the hearing — failure to appear will almost certainly result in a judgment against you. You may raise defenses such as improper notice, retaliation (O.R.C. § 5321.02), or the landlord's failure to maintain habitability.
Step 4 — Writ of Restitution: If the court rules for the landlord, a Writ of Restitution is issued. A law enforcement officer — not the landlord — will supervise your removal from the unit. You typically have a few days between the judgment and the writ's execution.
Self-Help Eviction Is Illegal: A landlord who changes your locks, removes your belongings, or shuts off utilities to force you out without a court order violates O.R.C. § 5321.15 and may be liable for your actual damages plus up to 10 times those damages for willful violations. If this happens to you, contact legal aid immediately.
No Just-Cause Requirement: Ohio law does not require a landlord to have a specific reason to end a tenancy at the expiration of a lease or with proper notice on a month-to-month rental. However, a landlord may not evict you because you exercised a protected right, which would constitute illegal retaliation under O.R.C. § 5321.02.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws in Ohio and Clayton can change, and the application of any law depends on the specific facts of your situation. You should consult a licensed Ohio attorney or contact a free legal aid organization before making decisions based on this content. RentCheckMe is not a law firm and no attorney-client relationship is created by reading this page.
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