Ohio Revised Code Search
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Section 5313.07 | Proceeding for foreclosure and judicial sale.
...he vendor may recover possession of his property only by use of a proceeding for foreclosure and judicial sale of the foreclosed property as provided in section 2323.07 of the Revised Code. Such action may be commenced after expiration of the period of time prescribed by sections 5313.05 and 5313.06 of the Revised Code. In such an action, as between the vendor and vendee, the vendor shall be entitled to proceeds of t... |
Section 5313.08 | Action for forfeiture and restitution.
...ent contract and for restitution of his property under Chapter 1923. of the Revised Code. When bringing the action under Chapter 1923. of the Revised Code, the vendor complies with the notice requirement of division (A) of section 1923.04 of the Revised Code by serving notice pursuant to section 5313.06 of the Revised Code. The court may also grant any other claim arising out of the contract. |
Section 5313.09 | Instrument of cancellation of land contract.
...nty recorder of the county in which the property is located. The county recorder of such county shall record such authenticated judgment as an instrument of cancellation under section 5301.331 of the Revised Code. |
Section 5313.10 | Terminating land installment contract is exclusive remedy.
...lus deterioration or destruction of the property occasioned by the vendee's use. In such case the vendor may recover the difference between the amount paid by the vendee on the contract and the fair rental value of the property plus an amount for the deterioration or destruction of the property occasioned by the vendee's use. |
Section 5315.01 | Definitions; creation.
... a lender secured by a mortgage on real property to which the borrower holds legal title and who is an applicant of the D.O.L.L.A.R. deed program. "Borrower" includes the original borrower's successor in interest. (2) "D.O.L.L.A.R. d eed in lieu of foreclosure" means a transaction in which a borrower, after default on a loan s ecured by a mortgage on real property, conveys to the l ender by deed that satisfies t he... |
Section 5315.02 | Rules.
...To assist in the establishment of the D.O.L.L.A.R. deed program, the Ohio housing finance agency shall adopt in rule all of the following: (A) A model form by which a person may apply to participate in the program; (B) A model for the deed, which act shall as the deed in lieu of foreclosure described in division (A)(1) of section 5315.04 of the Revised Code; (C) A model for the lease with option to purchase agreem... |
Section 5315.03 | Application; qualifications; participation.
...(A) An applicant to the D.O.L.L.A.R. deed program shall submit both of the following to the loss mitigation department of the lender of the mortgage that is in default: (1) An application form as set forth in section 5315.02 of the Revised Code; (2) A request for modification and affidavit form developed under the home affordable modification program. (B) To qualify for the program, all of the following shall appl... |
Section 5315.04 | Execution of deed in lieu of foreclosure; documents.
... title, and interest in and to the real property that is the subject of the mortgage. The deed in lieu of foreclosure shall be an absolute conveyance and, upon delivery of the executed deed in lieu of foreclosure to the lender, the borrower conveys all of its right, title, and interest in the real property and rights associated therewith including, but not limited to, any equity and right of redemption. (2) A notari... |
Section 5315.05 | Parties to lease with option to purchase agreement.
...wer-lessee's right to purchase the real property under division (B) of section 5315.04 of the Revised Code and has no further right of possession or occupancy and shall be subject to a forcible entry and detainer action under section 5321.03 and Chapter 1923. of the Revised Code. |
Section 5321.01 | Landlord and tenant definitions.
... deposit" means any deposit of money or property to secure performance by the tenant under a rental agreement. (F) "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. (G) "Controlled substance" has the same meaning as in section 3719.01 of the Revised C... |
Section 5321.02 | Retaliatory action by landlord prohibited.
...ay recover from the landlord any actual damages together with reasonable attorneys' fees. (C) Nothing in division (A) of this section shall prohibit a landlord from increasing the rent to reflect the cost of improvements installed by the landlord in or about the premises or to reflect an increase in other costs of operation of the premises. |
Section 5321.03 | Action for possession by landlord.
... 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. |
Section 5321.031 | College or university student tenant rental agreements.
...A college or university may terminate a rental agreement with a student tenant prior to the expiration of the term of the agreement and require that the student vacate the dwelling unit only when the termination follows a hearing in which it was determined by the college or university that the student violated a term of the rental agreement or violated the college's or university's code of conduct or other policies a... |
Section 5321.04 | Landlord obligations.
... 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. |
Section 5321.05 | Tenant obligations.
...on, the landlord may recover any actual damages that result from the violation together with reasonable attorney's fees. This remedy is in addition to any right of the landlord to terminate the rental agreement, to maintain an action for the possession of the premises, or to obtain injunctive relief to compel access under division (B) of this section. (2) If the tenant violates division (A)(9) of this section and if... |
Section 5321.051 | Eviction of tenant allowing sex or child victim offenders to occupy premises near school, child care facility.
...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. |
Section 5321.06 | Terms and conditions of rental agreement.
...A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321. of the Revised Code or any other rule of law. |
Section 5321.07 | Failure of landlord to fulfill obligations - remedies of tenant.
...(A) If a landlord fails to fulfill any obligation imposed upon him by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, or any obligation imposed upon him by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency ha... |
Section 5321.08 | Rent deposits - duty of clerk of court.
...(A) Whenever a tenant deposits rent with the clerk of a court as provided in section 5321.07 of the Revised Code, the clerk shall give written notice of this fact to the landlord and to his agent, if any. (B) The clerk shall place all rent deposited with him in a separate rent escrow account in the name of the clerk in a bank or building and loan association domiciled in this state. (C) The clerk shall keep in a se... |
Section 5321.09 | Landlord application for release of rent.
...ed Code, the tenant shall be liable for damages caused to the landlord and costs, together with reasonable attorney's fees if the tenant intentionally acted in bad faith. |
Section 5321.10 | Release of part of rent.
...(A) If a landlord brings an action for the release of rent deposited with a clerk of court, the court may, during the pendency of the action, upon application of the landlord, release part of the rent on deposit for payment of the periodic interest on a mortgage on the premises, the periodic principal payments on a mortgage on the premises, the insurance premiums for the premises, real estate taxes on the premises, u... |
Section 5321.11 | Failure of tenant to fulfill obligations - remedies of landlord.
...If the tenant fails to fulfill any obligation imposed upon him by section 5321.05 of the Revised Code that materially affects health and safety, other than the obligation described in division (A)(9) of that section, the landlord may deliver a written notice of this fact to the tenant specifying the act or omission that constitutes noncompliance with the pertinent obligations and specifying that the rental agreement... |
Section 5321.12 | Recovery of damages.
...the Revised Code, any party may recover damages for the breach of contract or the breach of any duty that is imposed by law. |
Section 5321.13 | Terms prohibited in rental agreement.
... and tenant for the recovery of rent or damages to the residential premises. (C) No agreement to pay the landlord's or tenant's attorney's fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant. (D) No agreement by a tenant to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for th... |
Section 5321.131 | Display of certain flags.
...) of this section is not liable for any damages, fines, or costs associated with any issues arising from the placement of the flag pole or the bracket by the tenant. (D) Any violation of this section is against public policy and unenforceable. Any provision of a rental agreement that violates this section is an unconscionable term under section 5321.14 of the Revised Code. (E) Nothing in division (B) of this sectio... |