Ohio Rev. Code § 5321 § 5321.03
Action for possession by landlord.
Operative Text
(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: (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 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.
Ohio Rev. Code § 5321.03 identifies specific circumstances under which a landlord may pursue an eviction action for possession of a rental unit, even when a tenant has previously raised housing-code complaints. These circumstances include nonpayment of rent, tenant-caused code violations, situations where compliance would require demolition or major alteration, holdover tenancy, and cases where a registered sex offender resides within 1,000 feet of certain protected facilities. Tenants retain the right to seek damages for any landlord violations, and the provision does not apply to student tenants.
Plain English — not legal advice.
Under Ohio Rev. Code § 5321.03, compliant operators generally document rent payment defaults, maintain records showing whether a code violation was caused by tenant conduct, and track lease expiration dates to identify holdover situations. Landlords pursuing possession actions under this section typically file under Chapter 1923 of the Revised Code. Keeping thorough records of tenant communications and lease terms supports a well-documented eviction proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ohio Rev. Code § 5321.03(B) preserves a tenant's right to seek damages for landlord violations of the rental agreement or § 5321.04, even if the landlord brings a possession action. Tenants who believe an eviction is retaliatory or otherwise improper may raise that as a defense in court proceedings. Consulting a tenant-rights organization or legal aid office can help tenants understand which defenses or claims may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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