Ohio has a broad landlord/tenant statute, Ohio Revised Code Chapter 5321, that contains tenant protections that landlords throughout Ohio must follow.
But in addition to those procedures and protections, the City of Cincinnati has its own laws providing extra regulation of the landlord/tenant relationship. We have written about some of those here, including rental registration, late fee regulation, and security deposit regulation. As we address here, it also layers more regulation than set forth in the Ohio Revised Code Chapter 5313 for Land Installment Contracts.
Hamilton County alone has 49 cities, villages and townships. These laws apply only in the City’s 52 neighborhoods, and none of the areas outside of City limits.
Now Cincinnati has enacted one more landlord/tenant regulation: a “pay to stay” ordinance, similar to laws passed in Toledo and Dayton, that allows tenants facing eviction for non-payment of rent to assert that rent has been paid, or that rental assistance has been applied for, as an affirmative defense in any proceeding. Here are the details:
- A tenant can cure his lease default and maintain a right to continued occupancy in property prior to the filing of an eviction action by paying the full amount of delinquent rent plus the statutorily-permitted late fee (see above). Typically, this would be after the provision of a statutory 3-day notice to vacate, but before the filing of the eviction action.
- Additionally, a tenant can cure his lease default after the filing of an eviction action, but before a writ granting possession back to the landlord, by paying (a) back rent in full, (b) up to $125 in attorneys fees, and (c) the court costs of the eviction action.
For assistance in landlord/tenant matters, contact Julie Gugino at 513.943.5669.
