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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 553
2025-2026
Representatives Mohamed, Upchurch
Cosponsors: Representatives Brennan,
Lett, Brownlee, Piccolantonio, Rader, Sigrist
To
amend section 5321.04 and to enact sections 5321.041 and 5321.042 of
the Revised Code
to
require landlords to notify tenants of rent defaults prior to
commencing evictions.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 5321.04 be amended and sections 5321.041 and 5321.042 of the
Revised Code be enacted to read as follows:
Sec.
5321.04.
(A)
A landlord who is a party to a rental agreement shall do all of the
following:
(1)
Comply with the requirements of all applicable building, housing,
health, and safety codes that materially affect health and safety;
(2)
Make all repairs and do whatever is reasonably necessary to put and
keep the premises in a fit and habitable condition;
(3)
Keep all common areas of the premises in a safe and sanitary
condition;
(4)
Maintain in good and safe working order and condition all electrical,
plumbing, sanitary, heating, ventilating, and air conditioning
fixtures and appliances, and elevators, supplied or required to be
supplied by the landlord;
(5)
When the landlord is a party to any rental agreements that cover four
or more dwelling units in the same structure, provide and maintain
appropriate receptacles for the removal of ashes, garbage, rubbish,
and other waste incidental to the occupancy of a dwelling unit, and
arrange for their removal;
(6)
Supply running water, reasonable amounts of hot water, and reasonable
heat at all times, except where the building that includes the
dwelling unit is not required by law to be equipped for that purpose,
or the dwelling unit is so constructed that heat or hot water is
generated by an installation within the exclusive control of the
tenant and supplied by a direct public utility connection;
(7)
Not abuse the right of access conferred by division (B) of section
5321.05 of the Revised Code;
(8)
Except in the case of emergency or if it is impracticable to do so,
give the tenant reasonable notice of the landlord's intent to enter
and enter only at reasonable times. Twenty-four hours is presumed to
be a reasonable notice in the absence of evidence to the contrary.
(9)
Promptly commence an action under Chapter 1923. of the Revised Code,
after complying with division (C) of section 5321.17 of the Revised
Code, to remove a tenant from particular residential premises, if the
tenant fails to vacate the premises within three days after the
giving of the notice required by that division and if the landlord
has actual knowledge of or has reasonable cause to believe that the
tenant, any person in the tenant's household, or any person on the
premises with the consent of the tenant previously has or presently
is engaged in a violation as described in division (A)(6)(a)(i) of
section 1923.02 of the Revised Code, whether or not the tenant or
other person has been charged with, has pleaded guilty to or been
convicted of, or has been determined to be a delinquent child for an
act that, if committed by an adult, would be a violation as described
in that division. Such actual knowledge or reasonable cause to
believe shall be determined in accordance with that division.
(10)
Comply with the rights of tenants under the Servicemembers Civil
Relief Act, 117 Stat. 2835, 50 U.S.C. App. 501.
(11)
Notify the tenant of a default in the payment of rent, and the amount
the tenant is in default, not later than sixty days after the default
occurs.
(B)
If the landlord makes an entry in violation of division (A)(8) of
this section, makes a lawful entry in an unreasonable manner, or
makes repeated demands for entry otherwise lawful that have the
effect of harassing the tenant, the tenant may recover actual damages
resulting from the entry or demands, obtain injunctive relief to
prevent the recurrence of the conduct, and obtain a judgment for
reasonable attorney's fees, or may terminate the rental agreement.
Sec.
5321.041.
If
the landlord fails to provide timely notice under division (A)(11) of
section 5321.04 of the Revised Code, the landlord shall not commence
an action under Chapter 1923. of the Revised Code to remove the
tenant from the residential premises until all of the following
occur:
(A)
The landlord notifies the tenant in writing of a default in the
payment of rent, and the amount the tenant is in default;
(B)
At least ninety days have elapsed since the landlord provided notice
under division (A) of this section;
(C)
The landlord has offered to negotiate a payment plan with the tenant
to recover the amount the tenant is in default.
Sec.
5321.042.
(A)
If a landlord and tenant agree upon a payment plan pursuant to
division (C) of section 5321.041 of the Revised Code, the landlord
shall not commence an action under Chapter 1923. of the Revised Code
to remove the tenant from the residential premises unless the tenant
fails to comply with the terms of the agreement.
(B)
If a landlord and tenant do not agree upon a payment plan pursuant to
division (C) of section 5321.041 of the Revised Code, the landlord
may commence an action under Chapter 1923. of the Revised Code to
remove the tenant from the residential premises if more than ninety
days have elapsed from the date the notice was sent under division
(A) of section 5321.041 of the Revised Code.
Section
2.
That
existing section 5321.04 of the Revised Code is hereby repealed.