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).
   (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.)