Ohio Commercial Lease Review
Ohio is another state where a commercial lease or guaranty can contain a cognovit clause, letting the landlord take judgment without notice or trial. The Revised Code bans these in consumer transactions but allows them in business documents if a specific warning appears near the signature. Ohio also lets a landlord file to recover possession after only a short notice. An Ohio review should look for the cognovit wording in both the lease and any guaranty.
How do Ohio cognovit clauses work in a lease or guaranty?
Revised Code 2323.13 allows a warrant of attorney to confess judgment in a lease or other evidence of debt, but it is invalid unless a prominent warning appears near the signature line. The warning begins: "By signing this paper you give up your right to notice and court trial." The same section voids cognovit clauses in consumer loans and consumer transactions, which is why they appear in commercial leases and personal guaranties for business premises instead. The statute also directs which court hears the confession, based on where a maker lives or signed.
If you see that warning above your signature or your guarantor’s, treat it as a request to waive your day in court and negotiate it out. If the landlord refuses, at least limit the warrant to amounts that remain unpaid after written notice and a cure period.
How quickly can an Ohio landlord file for possession?
Revised Code 1923.04 requires a notice to leave the premises three or more days before a forcible entry and detainer action begins, served by certified mail, by hand, or by leaving it at the premises. The extra statement about legal assistance is required only for residential premises. A commercial lease that adds a longer cure period gives you the only real breathing room. Ask for written notice of any default and at least 10 days to pay before the landlord may serve the statutory notice, and make sure notices go to an address that someone actually checks.
Ohio sources checked 2026-10-09: Ohio Rev. Code § 2323.13 · Ohio Rev. Code § 1923.04. Laws change; confirm the current rule before relying on it.
Frequently asked questions
Can my personal guaranty for an Ohio lease include a cognovit clause?
Yes, if the guaranty secures a business obligation rather than a consumer one and carries the statutory warning. That means the landlord could take judgment against you personally without a trial. Ask for the cognovit language to be removed from the guaranty even if the landlord insists on keeping it in the lease.
Is a cognovit clause without the warning enforceable in Ohio?
No. Revised Code 2323.13 says a warrant of attorney in an instrument executed on or after January 1, 1974 is invalid unless the warning appears in type more prominent than anything else on the document, near the signature. Check placement and typeface carefully, and raise any defect promptly if a judgment is entered.
Signing a commercial lease in Ohio?
Upload the lease and any guaranty. Every page is read, rent and escalations are totalled over the term, and each risky clause is explained in plain English with what to ask the landlord for.
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General information, not legal advice, and not reviewed by an attorney. Confirm with a Ohio attorney before relying on it.