Ohio Code 5322.05 – Late fees for failure to pay rent when due for use of self-service storage facility
(A) Subject to division (B) of this section, a reasonable late fee may be imposed and collected by an owner for each service period that an occupant does not pay rent when due under a rental agreement, provided that the due date for the rental payment is not earlier than the day before the first day of the service period to which the rental payment applies. However, no late fee shall be imposed or collected if the occupant makes a rental payment in full by the third day after the due date under the rental agreement.
Terms Used In Ohio Code 5322.05
- Contract: A legal written agreement that becomes binding when signed.
- Late fee: means any fee or charge assessed for an occupant's failure to pay rent when due. See Ohio Code 5322.01
- Lien: A claim against real or personal property in satisfaction of a debt.
- Occupant: means a person that rents storage space at a self-service storage facility pursuant to a rental agreement that the person enters into with the owner. See Ohio Code 5322.01
- Owner: means a person that is the owner or operator of a self-service storage facility, the lessor or sublessor of an entire self-service storage facility, the agent of any of the foregoing, or any other person authorized by any of the foregoing to manage the facility or to receive rent from an occupant pursuant to a rental agreement. See Ohio Code 5322.01
- Rental agreement: means any written agreement that is entered into by the owner and the occupant and that establishes the terms and conditions of the occupant's use of storage space at a self-service storage facility. See Ohio Code 5322.01
(B) No late fee may be collected pursuant to division (A) of this section unless the amount of that fee and the conditions for imposing that fee are stated in the rental agreement or an addendum to that agreement.
(C) For purposes of division (A) of this section, a late fee of twenty dollars for each late rental payment, or twenty per cent of the amount of each late rental payment, whichever is greater, is deemed reasonable and does not constitute a penalty. However, the contract may provide for a late fee in a greater amount if that amount is reasonable. The owner has the burden of proof that the late fee in the greater amount is reasonable.
(D) Any reasonable expense incurred in rent collection or lien enforcement by an owner may be charged to the occupant in addition to the late fees permitted by this section.