Legal Question in Landlord & Tenant Law in Ohio

Re: rental leasing agreement

In Ohio, lease agreements entered into by two parties become binding contracts that obligate each party who signed the contract to perform as stated by the contract. If one side side claims that the other has not performed as required by the contract, a claim is being made that the contract has been breached.

The party claiming the breach in this case would be the potential landlord. The landlord can enforce the contract terms against anyone who signed the contract. This means that the request for a co-signer probably does not prevent the landlord from trying to enforce the contract against anyone else who signed it. But becuase the landlord did not sign the contract, the landlord must be able to show that it somehow otherwise agreed to the contract as written. If the landlord cannot show some sign that the landlord intended to accept the terms of the contract signed by your son and his friend, no contract exists to be enforced.

Your facts suggest that the landlord did not agree to accept the terms as signed because the landlord demanded more money for the security deposit. But your recitation of facts leave unclear whether the request for the $400 was a request to make a full deposit specified in the contract or whether this was a new term added by the landlord. If it was a new term, and the landlord showed no other sign of agreeing to accept the terms signed by your son and his friend, the contract probably is not enforceable. If the landlord was merely asking for $400 because the amount previously specified in the contract had not been satisfied, the landlord may be able to enforce the contract.