1765.01 Definitions.
1765.02 Tenant's right to pay-to-stay prior to the filing of an eviction action for non- payment of rent (complaint for forcible entry and detainer).
1765.03 Tenant's right to pay-to-stay prior to an eviction judgment for non-payment of rent (entry of restitution).
1765.04 Tenant's right to pay-to-stay prior to the execution of the eviction judgment for non-payment of rent (writ of restitution).
1765.05 Rent receipt required.
1765.06 Other causes for eviction.
1765.07 Reasonable late fees.
1765.08 One opportunity for tenant to avail self of right.
EDITOR’S NOTE: Chapter 1765 was enacted by Ordinance No. 125-2022, passed November 7, 2022, and shall be effective December 6, 2022.
For the purposes of this Chapter, "tenant" means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others.
For the purposes of this Chapter, "tender" means an offer of payment that is equivalent to the actual production or remittance of the money.
For the purposes of this Chapter, "court costs" means filing fees and costs assessed by the municipal court that include, but are not limited to, costs to file, costs for data entry, costs for court appearances, costs for serving summons and subpoenas, and costs associated with court transcripts and copying papers and exhibits.
(Ord. 60-2021. Passed 5-3-21.)
(a) At any time prior to the filing of an action under Ohio R.C. 1923 for nonpayment of rent by a landlord, a tenant shall have the right to pay the landlord all past due rent with reasonable late fees to avoid the filing of such action for the restitution of the lands or tenements.
If the tenant tenders all accrued rent and reasonable late fees to the landlord, the landlord shall accept the tendered payment and allow the tenant to maintain the tenancy.
(b) If the tenant tenders all past due rent with reasonable late fees to the landlord prior to the filing of an action under Ohio R.C. 1923 and the landlord refuses the tender, the tenant's tender of all past due rent with reasonable late fees shall be an affirmative defense to any action filed by the landlord against the tenant for nonpayment of rent.
(Ord. 60-2021. Passed 5-3-21.)
(a) After the filing of an action under Ohio R.C. 1923 for nonpayment of rent but prior to a judgment, the tenant shall have the right to pay the landlord all past due rent, reasonable late fees and court costs so that the tenant may maintain the tenancy. If the tenant tenders all past due rent amounts, including late fees and court costs, the landlord must accept the payment. Upon receipt of the payment, the landlord shall dismiss the action against the tenant.
(b) If the tenant tenders all past due rent with reasonable late fees and court costs to the landlord prior to a judgment and the landlord refuses the tender, the tenant's tender of all past due rent, reasonable late fees and court costs shall be an affirmative defense to the eviction action filed by the landlord against the tenant for nonpayment of rent.
(Ord. 60-2021. Passed 5-3-21.)
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