Ohio law places an obligation on the tenant to keep the premises free of sex offenders as occupants of the rental unit. Per Ohio R.C. 5321.051. This is because while it is the landlord’s obligation to comply with the law regarding sex offenders it is up to the tenant to maintain that compliance with any other persons who may occupy the premises as a guest or invitee.
If the Premises is located within one thousand feet of any school, preschool, or child day-care center the tenant may not allow any person to occupy the premises if both of the following apply regarding the person:
- The person’s name appears on the state registry of sex offenders and child-victim offenders maintained under R.C. 2950.13.; and
- The state registry of sex offenders and child-victim offenders indicates that the person was convicted of or pleaded guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
If the tenant does allow occupancy in violation of the statute or a person occupies the premises in violation of R.C. 2950.034, then the landlord has the right to terminate the agreement.
