Effective: November 4, 1974
Latest Legislation: Senate Bill 103 - 110th General Assembly
(A) Subject to section 5321.03 of the Revised Code, a landlord may not retaliate against a tenant by increasing the tenant's rent, decreasing services that are due to the tenant, or bringing or threatening to bring an action for possession of the tenant's premises because:
(1) The tenant has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that is applicable to the premises, and the violation materially affects health and safety;
(2) The tenant has complained to the landlord of any violation of section 5321.04 of the Revised Code;
(3) The tenant joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreement.
(B) If a landlord acts in violation of division (A) of this section the tenant may:
(1) Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises;
(2) Recover possession of the premises; or
(3) Terminate the rental agreement.
In addition, the tenant may recover from the landlord any actual damages together with reasonable attorneys' fees.
(C) Nothing in division (A) of this section shall prohibit a landlord from increasing the rent to reflect the cost of improvements installed by the landlord in or about the premises or to reflect an increase in other costs of operation of the premises.
Structure Ohio Revised Code
Chapter 5321 | Landlords and Tenants
Section 5321.01 | Landlord and Tenant Definitions.
Section 5321.02 | Retaliatory Action by Landlord Prohibited.
Section 5321.03 | Action for Possession by Landlord.
Section 5321.031 | College or University Student Tenant Rental Agreements.
Section 5321.04 | Landlord Obligations.
Section 5321.05 | Tenant Obligations.
Section 5321.06 | Terms and Conditions of Rental Agreement.
Section 5321.07 | Failure of Landlord to Fulfill Obligations - Remedies of Tenant.
Section 5321.08 | Rent Deposits - Duty of Clerk of Court.
Section 5321.09 | Landlord Application for Release of Rent.
Section 5321.10 | Release of Part of Rent.
Section 5321.11 | Failure of Tenant to Fulfill Obligations - Remedies of Landlord.
Section 5321.12 | Recovery of Damages.
Section 5321.13 | Terms Prohibited in Rental Agreement.
Section 5321.131 | Display of Certain Flags.
Section 5321.14 | Unconscionable Terms.
Section 5321.15 | Acts of Landlord Prohibited if Residential Property Involved.
Section 5321.16 | Procedures for Security Deposits.
Section 5321.17 | Termination of Tenancy.
Section 5321.18 | Written Rental Agreement for Residential Premises Provisions.
Section 5321.19 | Effect of Chapter on Political Subdivisions.