Rats and Mice in a Cleveland Rental: Tenant and Landlord Rules

Under Ohio's landlord-tenant law, a landlord has to keep a rental fit and habitable and comply with building, housing, health and safety codes. A tenant has to keep their own unit safe and sanitary and get rid of garbage properly. Rodent problems usually involve both sides, which is why they turn into disputes.

This guide explains the state law, the Cleveland codes that apply, and the steps tenants can take when a landlord does not fix a problem. It is general information, not legal advice. For your own situation, talk to a lawyer or the Legal Aid Society of Cleveland.

What Ohio law requires of landlords

Ohio Revised Code 5321.04 lists a landlord's duties. Several bear directly on rodents. A landlord must:

• Comply with all applicable building, housing, health and safety codes that materially affect health and safety
• Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition
• Keep all common areas of the premises in a safe and sanitary condition
• Maintain plumbing, sanitary, heating and other fixtures and appliances the landlord supplies in good and safe working order

For buildings with four or more units in the same structure, Section 5321.04(A)(5) also requires the landlord to supply and maintain receptacles for garbage, rubbish and other waste and to arrange for its removal.

For rodents, that means structural entry points, the shared basement, trash areas and other common spaces are usually the landlord's job. A rodent problem caused by gaps in the foundation or a broken basement window falls on the owner.

What Ohio law requires of tenants

Ohio Revised Code 5321.05 sets out a tenant's side. A tenant must:

• Keep the part of the premises they occupy and use safe and sanitary
• Dispose of all rubbish, garbage and other waste in a clean, safe and sanitary manner
• Keep plumbing fixtures as clean as their condition permits
• Use and operate electrical and plumbing fixtures properly

For rodents, that means storing food in sealed containers, taking out garbage regularly, keeping the unit free of clutter that hides nests and reporting problems promptly. If a tenant's habits cause the problem, the landlord may push back on who pays.

Cleveland codes that apply

Cleveland adds its own rules. Chapter 211 of the Codified Ordinances declares a rodent-infested premises a nuisance, and lets the Commissioner of Environmental Health order the owner, agent, lessee or person in control to eradicate and prevent the infestation. That language can reach both owners and tenants, depending on who controls the space.

The city's Residential Occupancy Standards, Chapter 369 of the code, include sections titled Rubbish and Garbage Disposal (369.08), Infestation by Pests (369.17) and Exterior Property Areas (369.18), along with maintenance rules for foundations, exterior walls and interior walls and floors. Building and housing complaints go through 311.

Suburbs such as Lakewood, Cleveland Heights and Shaker Heights have their own housing codes and inspection programs, so check your city's building department for local rules.

Steps for tenants when the landlord does not act

The Legal Aid Society of Cleveland describes rent escrow as the main tool when repairs do not happen. Based on its June 2026 guidance in the Plain Press:

• Give written notice. Tell the landlord in writing what needs fixing. COHHIO's training materials note that a text or email counts as written notice. Keep a copy.
• Allow a reasonable time. Legal Aid says landlords usually have about 30 days to make repairs, with shorter timelines for emergencies.
• Stay current on rent. You must be up to date to use escrow.
• Deposit rent with the court. If repairs are not made, pay your next rent to the Clerk of Court instead of the landlord. In Cleveland, the Housing Court then holds mediation.
• Act before an eviction notice. Legal Aid warns you cannot wait until you get a three-day notice for nonpayment to start escrow.

Legal Aid also warns that simply stopping rent payments, or making repairs yourself and deducting the cost, will not protect you. A 311 call for a housing inspection can document conditions too.

Ohio law protects tenants from retaliation for complaining to code enforcement, using escrow or asking for repairs. COHHIO's materials explain that a landlord may not raise rent, cut services or evict because a tenant used these rights, with some exceptions, such as when the tenant is behind on rent.

Landlord access for pest treatment

Treatment usually requires getting into units. Ohio law requires a landlord, except in an emergency or when it is impracticable, to give reasonable notice before entering and to enter only at reasonable times. Under Section 5321.04(A)(8), 24 hours is presumed to be reasonable notice unless there is evidence otherwise.

Tenants, for their part, should let the technician in for scheduled visits. A treatment that skips half the units in a double or apartment building rarely works, because rodents move through shared walls and basements.

Documenting a rodent problem

Whether you are a tenant asking for repairs or a landlord showing what you did, records carry weight. Useful records include:

• Dated photos of droppings, gnaw marks, damaged food and entry holes
• Copies of every written notice and reply, including texts and emails
• Pest control service reports listing what was found, what was placed and what was sealed
• Any 311 or CDPH complaint reference numbers and inspection results
• Notes on when you hear or see rodents, and in which rooms

Tenants should keep photos from before and after any treatment. Landlords should keep invoices and service reports in the property file. If the matter goes to Housing Court mediation, both sides will want this paper trail.

Health matters too. The CDC warns against sweeping or vacuuming droppings, since that can put virus particles into the air, and recommends wetting them with disinfectant first. A tenant cleaning up after mice in a unit should follow those steps, and a landlord dealing with a heavily soiled basement should consider professional cleanup.

Practical advice for landlords

For owners, the cheapest rodent problem is the one handled early. A few habits help:

• Have the building inspected before turning a unit over, especially in fall.
• Seal the foundation, sill and utility penetrations once instead of trapping every year.
• Keep the trash area clean, carts closed and enough capacity for every unit.
• Respond to tenant reports in writing and keep records of service visits.
• Treat the building as a whole. See apartment and multi-unit rodent control.

Service records showing inspections, treatment and sealing are useful if a tenant files a complaint or uses escrow.

Frequently asked questions

Sources

• Ohio Revised Code 5321.04: Landlord obligations
• Ohio Revised Code 5321.05: Tenant obligations
• Plain Press: Rent escrow and needed repairs, by the Legal Aid Society of Cleveland (June 2026)
• COHHIO: Ohio Landlord-Tenant Law (2023 presentation)
• Cleveland Codified Ordinances, Chapter 211: Vermin and Rodent Infestation
• Cleveland Codified Ordinances, Chapter 369: Residential Occupancy Standards
• City of Cleveland 311
• CDC: How to Clean Up After Rodents

Related reading

• Apartment and Multi-Unit in Cleveland
• How to Report Rats in Cleveland: 311, CDPH and the County
• Cleveland Trash, Yard and Property Rules That Affect Rats
• Mice Exterminator in Cleveland
• Rodent control in Lakewood