868.04 TENANT'S RIGHT TO PAY TO STAY PRIOR TO EXECUTION OF THE EVICTION JUDGMENT FOR NON-PAYMENT OF RENT.
   (a)   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, or someone or an agency on the tenant's behalf, 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.
   (b)   If the tenant, or someone or an agency on the tenant's behalf, 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.
(Ord. 2021-17. Passed 6-21-21.)