This office lease form is a standard default remedy clause, providing for the collection of the difference between the rent due and owing under the lease and the rents collected in the event of mitigation.
Ohio Default Remedy Clause
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State:
Multi-State
Control #:
US-OL14031
Format:
Word;
PDF
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FAQ
If your lease says that you have to pay for an exterminator - then you pay for it. If the lease doesn't say anything about who pays for pest control, then your landlord has to pay for it. Under Ohio law, your landlord has a legal obligation to provide you with a fit and habitable place to live.
A remedies clause sets forth the parties' intention to provide for equitable remedies for breach of contract, in addition to or instead of just monetary relief. A remedies clause can also be used to limit the relief the parties can obtain upon breach of the contract.
The tenant should SEEK LEGAL ASSISTANCE to file a claim for rent reduction or for use of the money for repairs. A landlord cannot legally raise the rent, decrease his services or bring, or threaten to bring an eviction action against a tenant merely because of complaints.
Landlords in Ohio have to keep buildings safe and habitable under an implied warranty of habitability, as is the case in many other states. This means most pest control issues should be the landlord's responsibility.
A boilerplate rights and remedies clause (or cumulative remedies clause) recording that the parties to an agreement intend the rights and remedies provided under the agreement to co-exist with any other rights and remedies available to them under the general law, and not to displace them.
