Legal Library

It’s not enough to “get it in writing” with regard to enforceability of a commercial lease of real property in Ohio, although that is a necessary first step. Ohio’s “Statute of Frauds” (ORC Section 1335.04) with respect to leases, provides in pertinent part that “no lease... of, in, or out of lands, tenements or hereditaments.... shall be granted, except...in writing, signed by the party ...granting it”. Ohio’s Landlord and Tenant Act (ORC Section 5321, et seq) supersedes the foregoing Statute of Frauds rule with regard to residential leases. With commercial leases of real property, however, there is no such exception.