Ohio cities like Toledo, Dayton, and Cincinnati have passed new laws to give tenants a new affirmative defense if they are sued for eviction. This new protection is often called Pay to Stay, because it lets tenants pay back the rent and fees they owe to their landlord in order to stay in their home.
Several cities in Ohio, including Cincinnati, Dayton, and Toledo, have instituted a new law that can help tenants stay in their homes, if they are able to pay their landlord the money they owe on their rental.
The so-called ‘Pay-to-Stay’ rule ensures that if a tenant is able to make up back-rent, then an eviction lawsuit against them must end. The landlord must accept the money the tenant is offering. The landlord will not be able to move forward with an eviction lawsuit in court. The tenant basically has a right to pay all the money they owe, in order to stop an eviction.
Many cities had tried out the Pay to Stay ordinances as a temporary law during Covid, and made it permanent later in 2021.
It is implemented as an affirmative defense the tenant can raise during a lawsuit. They can show to the court that they are able and willing to pay the rent they owe, then the court will dismiss the case.
1770.02 Tenant’s right to pay to stay prior to the filing of an eviction action (Complaint for Forcible Entry and Detainer) (a) At any time prior to the filing of an action under Ohio Revised Code 1923 for nonpayment of rent by a landlord, a Tenant shall have the right to pay the landlord all past due rent with reasonable late fees to avoid the filing of such action for the restitution of the lands or tenements.
If the Tenant tenders all accrued rent and reasonable late fees to the landlord, the landlord shall accept the tendered payment and allow the Tenant to maintain the tenancy.
(b) 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.
1770.03 Tenant’s right to pay to stay prior to an eviction judgment (Judgment for Restitution) (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 a defense to the eviction action filed by the landlord against the Tenant for nonpayment of rent.
