Ohio Code 5321.03 – Action for possession by landlord
(A) Notwithstanding section 5321.02 of the Revised Code, a landlord may bring an action under Chapter 1923 of the Revised Code for possession of the premises if:
Terms Used In Ohio Code 5321.03
- Child: includes child by adoption. See Ohio Code 1.59
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Ohio Code 5321.01
- Landlord: means the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement. See Ohio Code 5321.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rental agreement: means any agreement or lease, written or oral, which establishes or modifies the terms, conditions, rules, amount of rent charged or paid, or any other provisions concerning the use and occupancy of residential premises by one of the parties. See Ohio Code 5321.01
- Residential premises: includes a dwelling unit that is owned or operated by a college or university. See Ohio Code 5321.01
- state: means the state of Ohio. See Ohio Code 1.59
- Student tenant: means a person who occupies a dwelling unit owned or operated by the college or university at which the person is a student, and who has a rental agreement that is contingent upon the person's status as a student. See Ohio Code 5321.01
- Tenant: means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others. See Ohio Code 5321.01
(1) The tenant is in default in the payment of rent;
(2) The violation of the applicable building, housing, health, or safety code that the tenant complained of was primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant’s household, or by anyone on the premises with the consent of the tenant;
(3) Compliance with the applicable building, housing, health, or safety code would require alteration, remodeling, or demolition of the premises which would effectively deprive the tenant of the use of the dwelling unit;
(4) A tenant is holding over the tenant’s term.
(5) The residential premises are located within one thousand feet of any school premises, preschool or child day-care center premises, children’s crisis care facility premises, or residential infant care center premises, and both of the following apply regarding the tenant or other occupant who resides in or occupies the premises:
(a) The tenant’s or other occupant’s name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the tenant or other occupant was convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(B) The maintenance of an action by the landlord under this section does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement or of section 5321.04 of the Revised Code.
(C) This section does not apply to a dwelling unit occupied by a student tenant.
(D) As used in this section, “children’s crisis care facility premises” and “residential infant care center premises” have the same meanings as in section 2950.034 of the Revised Code.
Last updated March 21, 2022 at 10:31 AM