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If the Tenant tenders all past due rent with reasonable late fees to the landlord prior to the filing of an action under Ohio Revised Code 1923 and the landlord refuses the tender, the Tenant's tender of all past due rent with reasonable late fees shall be a defense to any action filed by the landlord against the Tenant for nonpayment of rent.
(Ord. 294-20. Passed 12-15-20.)
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 a defense to the eviction action filed by the landlord against the Tenant for nonpayment of rent.
(Ord. 294-20. Passed 12-15-20.)
No landlord may charge a tenant late fees that are not reasonable 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, to be considered "reasonable late fees" 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.
(Ord. 294-20. Passed 12-15-20.)
If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance which can be implemented without the invalid provisions and, to this end, the provisions of this ordinance are declared to be severable. Toledo City Council hereby declares that it would have adopted this ordinance and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.
(Ord. 294-20. Passed 12-15-20.)