727.02 TENANT’S RIGHT TO ASSERT TENDER OF RENT AS AN AFFIRMATIVE DEFENSE TO EVICTION.
   (a)   If a tenant, or an agency or individual on the tenant’s behalf, tenders all past due rent with reasonable late fees to the landlord prior to the filing of an action under Ohio Revised Code Chapter 1923 and the landlord refuses to accept the payment tendered, 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)   If a tenant, or an agency or individual on the tenant’s behalf, tenders all past due rent with reasonable late fees to the landlord prior to a judgment and the landlord refuses to accept the payment tendered, 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)   A tenant’s tender of payment pursuant to this section does not limit the ability of a landlord to initiate an eviction action for reasons other than solely for non-payment of rent.
(Ord. 21-2023. Passed 10-2-23.)