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Dayton, Ohio

Dayton Landlord-Tenant Laws

Security deposit limits, eviction notices, rent control, and more for Dayton, Ohio.

How we research these summaries

Every rule on this page is drawn from state statutes and municipal codes and summarized with AI assistance. Each one cites the statute it's based on and links to a published text of that law so you can read it firsthand. Where a page says a city or county has no local rule on a topic, that means none was found for the topics covered here — not that none exists. Local governments also regulate rental housing in ways these pages don't track, including registration, licensing, inspections and habitability standards. These summaries may be incomplete or out of date, laws change often, and every property and tenancy has specifics a summary can't capture — so treat this as a starting point for your own research, not as legal advice, and check with the local jurisdiction and a qualified attorney before acting on your particular situation.

What to Know in Dayton

Sources last checked July 2026

Dayton's Pay to Stay ordinance lets a tenant stop a nonpayment eviction by tendering all past-due rent and late fees before the case is filed, or past-due rent, late fees, and court costs after filing but before judgment — but unlike some other Ohio cities with this protection, Dayton limits the defense to once per calendar year. Late fees are capped at the greater of $25 or 5% of monthly rent, with no stacking multiple late fees on one missed payment. Ohio's statewide ban leaves Dayton with no local rent cap.

  • 3-day notice required before eviction for nonpayment of rent
  • 30-day move-out notice required for month-to-month tenancies
  • No rent control — no statutory cap on rent increases
  • Dayton has no local ordinance setting a mandatory notice period before a rent increase.
  • Dayton has no local security deposit ordinance and follows Ohio state law under Ohio Rev.
5 rules summarized · Each linked to the law it cites

Dayton Local Rules

Eviction Notice Requirements

What are the eviction notice requirements in Dayton?

Dayton landlords must serve a 3-day written notice before filing for eviction based on nonpayment of rent, consistent with Ohio Rev. Code § 1923.04. Dayton Codified Ordinances § 93.70 (amended June 3, 2020, with Pay to Stay provisions added March 2021) provides a local 'Pay to Stay' affirmative defense. Before an eviction action is filed, if a tenant tenders all past-due rent plus reasonable late fees, the landlord must accept payment and allow the tenant to maintain the tenancy. After an eviction action is filed but before judgment, a tenant may similarly tender past-due rent, late fees, and court costs to assert a defense. Late fees are capped at the greater of $25 or 5% of monthly rent; landlords may not charge interest on late fees or assess multiple late fees for a single missed payment. Landlords must also provide signed receipts for cash and money-order rent payments. The Pay to Stay defense is limited to once per calendar year. Dayton does not require just cause to evict.

Dayton Codified Ordinances § 93.70; Ohio Rev. Code § 1923.04
Move-Out & Lease Termination Notice

What is the move-out notice requirement in Dayton?

Dayton follows Ohio state law for lease termination and move-out notice requirements. Under Ohio Rev. Code § 5321.17, either a landlord or tenant may terminate a month-to-month tenancy by giving the other party at least 30 days' written notice prior to the periodic rental date. For week-to-week tenancies, at least 7 days' notice is required. Fixed-term leases expire at the end of the lease term without requiring a separate notice of intent to vacate, unless the lease specifies otherwise. In cases involving documented drug-related activity on the premises, a landlord may issue a 3-day termination notice under § 5321.17(C). Tenants should review their lease for any contractual notice requirements that exceed the statutory minimums.

Ohio Rev. Code § 5321.17
Rent Control / Rent Increase Caps

Is there rent control in Dayton?

Dayton cannot impose rent control or rent stabilization. Ohio Rev. Code § 5321.19, enacted through HB 430 signed by Governor DeWine on June 24, 2022, explicitly prohibits all Ohio political subdivisions from enacting, adopting, or enforcing any ordinance or measure that imposes rent control or rent stabilization on private residential properties. Dayton City Commission has not adopted any such measure, and any attempt to do so would be preempted by state law. There is no cap on the amount by which a landlord may increase rent upon lease renewal or with appropriate notice for month-to-month tenancies.

Ohio Rev. Code § 5321.19
Rent Increase Notice Periods

How much notice is required for rent increases in Dayton?

Dayton has no local ordinance setting a mandatory notice period before a rent increase. Ohio state statutes do not specify a minimum notice period for rent increases. Rent cannot be increased during a fixed-term lease. For month-to-month tenancies, 30 days' written notice before the next periodic rental date is standard practice, consistent with the termination notice period under Ohio Rev. Code § 5321.17. Retaliatory rent increases are prohibited under Ohio Rev. Code § 5321.02. Written notice should specify the new rent amount and the effective date.

Ohio Rev. Code §§ 5321.02, 5321.17
Security Deposit Limits

What is the security deposit limit in Dayton?

Dayton has no local security deposit ordinance and follows Ohio state law under Ohio Rev. Code § 5321.16. There is no maximum deposit amount. Any deposit exceeding $50 or one month's periodic rent (whichever is greater) must earn interest at 5% per annum if the tenant occupies the unit for six months or more, computed and paid annually. Landlords must return the deposit within 30 days of lease termination and delivery of possession, along with an itemized written statement of any deductions. Tenants must provide a written forwarding address to receive the return and to be eligible for the double-damages remedy. Failure to comply entitles tenants to the withheld amount plus an equal amount in damages and reasonable attorney fees.

Ohio Rev. Code § 5321.16

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