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and Detainer): <br />(1) At any time prior to the filing of an action under Ohio Revised Code 1923 for nonpayment <br />of rent by a landlord, a tenant shall have the right to pay the landlord all past due rent with <br />reasonable late fees to avoid the filing of such action for the restitution of the lands or <br />tenements. If the tenant tenders all accrued rent and reasonable late fees to the landlord, the <br />landlord shall accept the tendered payment and allow the tenant to maintain the tenancy. <br />(2) If the tenant tenders all past due rent with reasonable late fees to the landlord prior to the <br />filing of an action under Ohio Revised Code 1923 and the landlord refuses the tender, the <br />tenant's tender of all past due rent with reasonable late fees shall be an affirmative defense <br />to any action filed by the landlord against the tenant for nonpayment ofrent. <br />(B) Tenant's right to pay to stay prior to an eviction judgment (Entry of Restitution): <br />(1) After the filing of an action under Ohio Revised Code 1923 for nonpayment of rent but prior <br />to a judgment, the tenant shall have the right to pay the landlord all past due rent, reasonable <br />late fees and court costs so that the tenant may maintain the tenancy. If the tenant tenders <br />all past due rent amounts, including late fees and court costs, the landlord must accept the <br />payment. Upon receipt of the payment, the landlord shall dismiss the action against the <br />tenant. <br />(2) If the tenant tenders all past due rent with reasonable late fees and court costs to the landlord <br />prior to a judgment and the landlord refuses the tender, the tenant's tender of all past due <br />rent, reasonable late fees and court costs shall be an affirmative defense to the eviction <br />action filed by the landlord against the tenant for nonpayment ofrent. <br />(C) Tenant's right to pay to stay prior to the execution of the eviction judgment (Writ of Restitution): <br />(1) After the filing of an action under Ohio Revised Code 1923 for nonpayment of rent but prior <br />to the execution of the eviction judgment through a writ of restitution, the tenant shall have <br />the right to pay the landlord all past due rent, reasonable late fees and court costs, including <br />the cost of obtaining the writ, so that the tenant may maintain the tenancy. If the tenant <br />tenders all past due rent amounts, including reasonable late fees and court costs, the landlord <br />must accept the payment. Upon receipt of the payment, the landlord shall notify the court <br />who shall vacate the eviction judgment and dismiss the eviction action against the tenant. <br />(2) If the tenant tenders all past due rent with reasonable late fees and court costs to the landlord <br />prior to the execution of the eviction judgment through a writ of restitution and the landlord <br />refuses the tender, the bailiff shall not enforce the eviction judgment until the court instructs <br />the bailiff to do so after an emergency hearing on the tenant's right to pay and stay at the <br />premises. If the court finds during the emergency hearing that the tenant tendered all past <br />due rent, reasonable late fees and court costs, the court shall vacate the eviction judgment <br />and dismiss the eviction action against the tenant. <br />(D) The "payment" or "tender" of "all past due rent," as used in the sections above, shall include <br />payment by the tenant, or by a third party on behalf of the tenant, of all past due rent, reasonable late <br />fees, and court costs and shall include rental -assistance vouchers issued by an accredited government, <br />quasi -government, or nonprofit entity that are redeemable or convertible on demand without <br />condition into legal tender by the landlord. <br />(E)Late fees: <br />If a rental agreement includes a provision that authorizes the landlord to assess the tenant a fee for <br />late payment of the monthly rent, the total amount of that late payment fee for any month may not <br />exceed the larger of. (i) twenty-five dollars ($25.00); or (ii) five percent (5%) of the monthly contract <br />rent. <br />(F)Rent receipt required: <br />The landlord shall provide the tenant with a signed receipt for the security deposit and all rental <br />payments except for payments made by personal check of the tenant, at the time the security deposit <br />or rental payments are made. <br />(G) Severability: <br />If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of <br />