Ohio Code 5321.051 – Eviction of tenant allowing sex or child victim offenders to occupy premises near school, child care facility
(A)(1) No tenant of any residential premises 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 shall allow any person to occupy those residential premises if both of the following apply regarding the person:
Terms Used In Ohio Code 5321.051
- 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.
- 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
- Property: means real and personal property. 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
- 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
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(a) The person’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 person was convicted of or pleaded guilty to either a sexually oriented offense that is not a registration-exempt 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.
(2) If a tenant allows occupancy in violation of this section or a person establishes a residence or occupies residential premises in violation of section 2950.034 of the Revised Code, the landlord for the residential premises that are the subject of the rental agreement or other tenancy may terminate the rental agreement or other tenancy of the tenant and all other occupants.
(B) If a landlord is authorized to terminate a rental agreement or other tenancy pursuant to division (A) of this section but does not so terminate the rental agreement or other tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly results from that decision.
(C) 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