For any eviction action for non-payment of rent, the following shall apply to all residential leases within the City of Lakewood:
(a) Tenant's right to pay to stay prior to the filing of an eviction action (complaint for forcible entry and detainer):
(1) At any time prior to the filing of an action under R.C. Chapter 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.
(2) If the tenant tenders all past due rent with reasonable late fees to the landlord prior to the filing of an action under R.C. Chapter 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.
(b) Tenant's right to pay to stay prior to an eviction judgment (entry of restitution):
(1) After the filing of an action under R.C. Chapter 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.
(2) 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.
(c) Tenant's right to pay to stay prior to the execution of the eviction judgment (writ of restitution):
(1) After the filing of an action under R.C. Chapter 1923 for nonpayment of rent but prior to the execution of the eviction judgment through a writ of restitution, the tenant shall have the right to pay the landlord all past due rent, reasonable late fees and court costs, including the cost of obtaining the writ, so that the tenant may maintain the tenancy. If the tenant tenders all past due rent amounts, including reasonable late fees and court costs, the landlord must accept the payment. Upon receipt of the payment, the landlord shall notify the court who shall vacate the eviction judgment and dismiss the eviction action against the tenant.
(2) If the tenant tenders all past due rent with reasonable late fees and court costs to the landlord prior to the execution of the eviction judgment through a writ of restitution and the landlord refuses the tender, the bailiff shall not enforce the eviction judgment until the court instructs the bailiff to do so after an emergency hearing on the tenant's right to pay and stay at the premises. If the court finds during the emergency hearing that the tenant tendered all past due rent, reasonable late fees and court costs, the court shall vacate the eviction judgment and dismiss the eviction action against the tenant.
(d) The "payment" or "tender" of "all past due rent," as used in the sections above, shall include payment by the tenant, or by a third party on behalf of the tenant, of all past due rent, reasonable late fees, and court costs and shall include rental-assistance vouchers issued by an accredited government, quasi-government, or nonprofit entity that are redeemable or convertible on demand without condition into legal tender by the landlord.
(e) Late fees. If a rental agreement includes a provision that authorizes the landlord to assess the tenant a fee for late payment of the monthly rent, the total amount of that late payment fee for any month may not exceed the larger of: (i) twenty-five dollars ($25.00); or (ii) five percent (5%) of the monthly contract rent.
(f) Rent receipt required. The landlord shall provide the tenant with a signed receipt for the security deposit and all rental payments except for payments made by personal check of the tenant, at the time the security deposit or rental payments are made.
(g) Severability. If any provision of this section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this section which can be implemented without the invalid provisions and, to this end, the provisions of this section are declared to be severable. The City Council/Commission hereby declares that it would have adopted this section and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.
(Ord. 02-2023. Passed 2-6-23.)