(a) Subject to division (d) below, a landlord may not retaliate against a tenant by increasing the tenant’s rent, decreasing services that are due to the tenant, bringing or threatening to bring an action for possession of the tenant’s premises, terminating or threatening to terminate the tenant’s rental agreement, or refusing to renew the tenant’s rental agreement or to continue the tenant’s tenancy because:
(1) The tenant has complained to an appropriate government agency of a violation of a building, housing, health or safety code that is applicable to the premises, and the violation materially affects health and safety;
(2) The tenant has complained to the landlord of any violation of Ohio R.C. § 5321.04; or
(3) The tenant has joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreement.
(b) (1) If a landlord acts in violation of division (a) above, the tenant may:
A. Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises;
B. Recover possession of the premises; or
C. Terminate the rental agreement.
(2) In addition, the tenant may recover from the landlord, at the tenant’s option, either any actual damages, together with reasonable attorneys’ fees, or damages of not less than $50 nor more than $500, together with reasonable attorneys’ fees.
(c) Nothing in division (a) above shall prohibit a landlord from increasing the rent to reflect the cost of improvements installed by the landlord in or about the premises or to reflect an increase in other costs of operation of the premises.
(d) Notwithstanding divisions (a) and (b) above, a landlord may bring an action under Ohio R.C. Chapter 1923 for possession of the premises if:
(1) The tenant is in default in the payment of rent;
(2) The violation of the applicable building, housing, health or safety code that the tenant complained of was primarily caused by any act or lack of reasonable care by the tenant or by any other person in the tenant’s household, or by anyone on the premises with the consent of the tenant; or
(3) Compliance with the applicable building, housing, health or safety code would require alteration, remodeling or demolition of the premises which would effectively deprive the tenant of the use of the dwelling unit.
(e) The maintenance of an action by the landlord under division (d) above does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement or of Ohio R.C. § 5321.04.
(Ord. 53-08, passed 2-17-2009)