A trial in an action for forcible entry and detainer for residential premises, other than an action against a deceased resident of a manufactured home park, or for a storage space at a self-service storage facility, as defined in division (A) of section 5322.01 of the Revised Code, pursuant to this chapter may also include a trial on claims of the plaintiff for past due rent and other damages under a rental agreement, unless for good cause shown the court continues the trial on those claims. For purposes of this section, good cause includes the request of the defendant to file an answer or counterclaim to the claims of the plaintiff or for discovery, in which case the proceedings shall be the same in all respects as in other civil cases. If, at the time of the trial, the defendant has filed an answer or counterclaim, the trial may proceed on the claims of the plaintiff and the defendant. A plaintiff who is a park operator may seek a judgment for past due rent and other damages under a rental agreement against a deceased manufactured home park resident in a separate civil action for damages.
Notes of Decisions
Cited in 21
cases (4 in the last 5 years), 1982–2025 · leading case: Haney v. Roberts, 720 N.E.2d 101 (Ohio Ct. App. 4th Dist. 1998).
Haney v. Roberts, 720 N.E.2d 101 (Ohio Ct. App. 4th Dist. 1998). · cites it 7דthe court wrote that even after joinder, a forcible entry and detainer action and a *299 suit for damages arising from the landlord-tenant relationship remain two distinct causes of action: “Although forcible entry and detainer is a summary proceeding and a suit for damages is a…”
Shelton v. Huff, 2014-Ohio-1344. · cites it 8דHuff also filed a Motion for Joinder of Causes of Action, in which he requested to “join Plaintiff[’s] causes of action pursuant to Ohio R.C. 1923.081.” {¶4} A hearing was held on the forcible entry and detainer matter on December 7, 2012.”
Forney v. Climbing Higher Enter., Inc., 815 N.E.2d 722 (Ohio Ct. App. 9th Dist. 2004). · cites it 2ד061 was not to bar counterclaims in actions outside the scope of that section, but to preserve the tenant’s right to possession and guarantee the existence of a fund to settle the various claims.”
Lake Metro. Hous. v. McFadden, 2017-Ohio-2598. · cites it 2דAlthough forcible entry and detainer is a summary proceeding (which does not require a responsive pleading) and a claim for damages is a regular civil action (which requires an answer), R.C. 1923.081 provides for the joinder of these two claims.”
Dennis v. Morgan, 732 N.E.2d 391 (Ohio 2000). “If the lessor has acted reasonably in attempting to secure a new tenant, the lessee is liable for the rent up to the point of the lessor’s finding a new tenant, or the expiration of the lease, whichever is earlier.”
Cerise Capital L.L.C. v. Dewberry, 2022-Ohio-1874. “1(C), which states that the Ohio Civil Rules “to the extent that they would by their nature be clearly inapplicable, shall not apply” to forcible entry and detainer actions; and (3) the legislative intent in R.C. 1923.081 “to make joinder of suits for damages permissive, not…”
Briggs v. MacSwain, 508 N.E.2d 1028 (Ohio Ct. App. 10th Dist. 1986). “R.C. 1923.081 provides that, in a forcible entry and detainer action for residential premises, the plaintiff may recover past due rent and other damages under a rental agreement.”
Maduka v. Parries, 470 N.E.2d 464 (Ohio Ct. App. 8th Dist. 1984). “And R.C. 1923.081 expressly allows for the joinder of the two causes of action.”
Martins Ferry Jaycee Hous., Inc. v. Pawlaczyk, 448 N.E.2d 512 (Ohio Ct. App. 7th Dist. 1982). “Failing to deposit the amount of the rent payments, the tenant still has the right to pursue his action as a counterclaim and not as a defense to the eviction. The legislature did not intend to destroy the right of landlords to quickly regain possession of their property when a…”
Dennis v. Morgan, 89 Ohio St. 3d 417 (2000). “{¶ 13} Depending on the length of the lease, the final determination of damages for post-termination rent could take time—and the statute recognizes that by not requiring joinder at the time of eviction.”
Corley v. Sullivan-Busman, 2013-Ohio-3153. · cites it 2דHowever, R.C. 1923.081, regarding joinder of causes of action, states in pertinent part as follows: A trial in an action for forcible entry and detainer for residential premises, other than an action against a deceased resident of a manufactured home park, or for a storage space…”
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