727.03 TENANT'S AFFIRMATIVE DEFENSE AFTER TENDERING RENT PRIOR TO THE FILING OF AN EVICTION ACTION FOR NONPAYMENT OF RENT.
   (a)    After the filing of an action under Ohio Revised Code 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. 2021-31. Passed 10-5-21.)