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New Franklin is a small city in Summit County, Ohio, situated between Akron and Barberton. Although it is a quieter residential community, many of its residents rent their homes and are subject to the same landlord-tenant rules that govern every renter across the state. Ohio's Landlord and Tenant Act (Ohio Rev. Code § 5321.01 et seq.) is the primary legal framework protecting New Franklin renters on issues ranging from habitability and security deposits to retaliation and illegal lockouts.
Renters in New Franklin most commonly ask about rent increases — a concern driven by rising housing costs throughout Summit County — as well as their rights when a landlord fails to make repairs or attempts to withhold a security deposit. Because Ohio state law preempts local rent regulations, there is no city or county ordinance in New Franklin that limits how much a landlord can charge or increase rent. Understanding what the state law does and does not require is essential for any renter here.
This page summarizes the tenant protections available to New Franklin renters under Ohio law and identifies local and statewide resources for legal help. It is provided for informational purposes only and does not constitute legal advice. If your situation involves a dispute with your landlord, consider contacting a qualified attorney or a legal aid organization.
New Franklin has no rent control, and no Ohio city or county may enact rent control. Ohio state law explicitly prohibits local governments from adopting ordinances, resolutions, or rules that regulate or control the amount of rent charged for private residential housing. The prohibition is codified at Ohio Rev. Code § 4781.031, which bars local regulation of rents on manufactured homes, and the broader principle is reinforced by the state's comprehensive preemption of the landlord-tenant field under Ohio Rev. Code Chapter 5321. Courts and the Ohio Attorney General have consistently interpreted these provisions to mean that no municipality — including New Franklin or Summit County — can cap rents, limit increases, or impose rent stabilization of any kind.
In practice, this means your landlord in New Franklin can raise your rent by any dollar amount, for any reason, at any time — as long as they provide the legally required advance notice and the increase does not take effect during a fixed-term lease without your agreement. There is no formula, no maximum percentage, and no local board that reviews rent increases. If you are on a month-to-month lease, a landlord must give at least 30 days' written notice before a rent increase takes effect (Ohio Rev. Code § 5321.17). For fixed-term leases, the rent cannot be changed until the lease expires unless the lease itself permits mid-term adjustments.
Ohio's Landlord and Tenant Act (Ohio Rev. Code Chapter 5321) provides a framework of baseline protections for all renters in New Franklin. The key protections are summarized below.
Warranty of Habitability (O.R.C. § 5321.02 & § 5321.07): Landlords must keep rental units in a fit and habitable condition, maintain all electrical, plumbing, heating, and ventilation systems, and comply with applicable housing and building codes. If your landlord fails to make required repairs after you give written notice, Ohio law allows you to deposit rent with the court, have repairs made and deduct the cost from rent, or terminate the lease — provided you follow the procedural steps in O.R.C. § 5321.07. The landlord generally has 30 days after written notice to remedy the condition, or a shorter reasonable time in emergencies.
Security Deposit Rules (O.R.C. § 5321.16): Ohio imposes no cap on the amount a landlord may charge as a security deposit. However, the landlord must return the deposit — along with a written itemized statement of any deductions — within 30 days after the tenancy ends and the tenant vacates. If the landlord fails to comply, the tenant may recover the full deposit plus an amount equal to the wrongfully withheld portion, and potentially attorney's fees.
Notice to Terminate (O.R.C. § 5321.17): For month-to-month tenancies, either the landlord or the tenant must provide at least 30 days' written notice before the termination date. For week-to-week tenancies, at least 7 days' written notice is required. Fixed-term leases expire by their own terms without additional notice unless the lease says otherwise.
Anti-Retaliation Protection (O.R.C. § 5321.02): A landlord may not retaliate against a tenant for reporting housing code violations, contacting a governmental agency about habitability, joining a tenant organization, or otherwise exercising rights under Ohio law. Retaliation includes increasing rent, reducing services, or filing an eviction action. If a landlord takes any of these adverse actions within 90 days of a protected activity, there is a legal presumption of retaliation. A tenant who prevails on a retaliation claim may recover actual damages plus reasonable attorney's fees.
Prohibition on Self-Help Eviction (O.R.C. § 5321.15): It is illegal in Ohio for a landlord to remove a tenant's belongings, change the locks, or intentionally interrupt utility service to force a tenant out without going through the court eviction process. A landlord who violates this prohibition may be liable for the tenant's actual damages; willful violations can result in damages of up to 10 times the actual damages suffered.
Ohio law does not set a maximum amount that a landlord in New Franklin may collect as a security deposit, so landlords may charge any amount they choose — typically one or two months' rent. However, once collected, the deposit is strictly regulated by Ohio Rev. Code § 5321.16.
Return Deadline: The landlord must return the security deposit, or the remaining balance after lawful deductions, within 30 days after the tenancy ends and the tenant surrenders possession of the unit. Along with any refund, the landlord must provide a written itemized statement identifying each deduction and the reason for it.
Allowable Deductions: A landlord may deduct from the deposit for unpaid rent, damage to the unit beyond normal wear and tear, and other lease violations that result in actual costs to the landlord. Deductions for ordinary wear and tear — such as minor scuffs on walls or carpet worn from normal use — are not permitted.
Penalty for Non-Compliance: If the landlord fails to return the deposit and itemized statement within 30 days, the tenant has the right to recover the full deposit amount plus an additional sum equal to the amount wrongfully withheld (essentially double damages on the withheld portion). Courts may also award reasonable attorney's fees. To preserve these rights, tenants should provide the landlord with a forwarding address in writing and document the move-out condition with photographs.
Interest on Deposits: If the security deposit exceeds one month's rent, Ohio law (O.R.C. § 5321.16(A)) requires the landlord to pay interest on the portion that exceeds one month's rent at the rate of 5% per annum, if the tenancy lasts six months or more. The interest accrues annually and must be paid to the tenant when the deposit is returned.
Ohio law establishes a specific court process for evictions — called a forcible entry and detainer action — that landlords in New Franklin must follow. A landlord cannot remove a tenant through any means other than a court order.
Step 1 — Written Notice: Before filing in court, the landlord must serve a written notice on the tenant. The type and length of notice depends on the reason for eviction:
Step 2 — Court Filing: If the tenant does not comply with the notice, the landlord may file a forcible entry and detainer complaint in the local municipal or county court. In New Franklin, this would typically be filed in the Barberton Municipal Court or Summit County Court. The tenant will receive a summons with a hearing date, usually scheduled within 7 to 10 days of filing (O.R.C. § 1923.06).
Step 3 — Hearing: The tenant has the right to appear at the hearing and present defenses, such as retaliation (O.R.C. § 5321.02), landlord failure to maintain habitability (O.R.C. § 5321.07), or improper notice. If the court rules in the landlord's favor, it issues a writ of restitution ordering the tenant to vacate.
Step 4 — Writ of Restitution: After a judgment for the landlord, a writ of restitution is issued. The court must wait at least 10 days before the writ may be executed unless the tenant waives this period (O.R.C. § 1923.14). A court officer, not the landlord personally, carries out the physical removal.
Self-Help Eviction Is Illegal: Under O.R.C. § 5321.15, a landlord who changes locks, removes doors or windows, shuts off utilities, or removes the tenant's belongings to force them out — without a court order — is committing an illegal self-help eviction. The tenant may sue for actual damages and, for willful violations, up to 10 times actual damages.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. RentCheckMe makes no warranty as to the accuracy or completeness of the information provided here. If you are facing an eviction, a security deposit dispute, or any other landlord-tenant matter, you should consult a licensed Ohio attorney or contact a local legal aid organization. Laws cited were current as of April 2026, but you should verify all statutes and any local ordinances independently.
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