Ohio Revised Code
Ohio Rev. Code § 5313.10 (2026)
Terminating land installment contract is exclusive remedy
✓ current as of May 2026
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The election of the vendor to terminate the land installment contract by an action under section 5313.07 or 5313.08 of the Revised Code is an exclusive remedy which bars further action on the contract unless the vendee has paid an amount less than the fair rental value plus 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.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1980–2025 · leading case: In Re Coykendall, 265 B.R. 859 (Bankr. N.D. Ohio 2001).
In Re Coykendall, 265 B.R. 859 (Bankr. N.D. Ohio 2001). “Heidebrink, in addition to receiving contractual damages, be entitled to receive damages based upon the ‘fair rental standard’ provided for in O.R.C. § 5313.10; and at what interest rate should Mr.”
Howard v. Temple, 872 N.E.2d 1260 (Ohio Ct. App. 2007). “08, R.C. 5313.10 prohibited Howard from seeking damages representing the difference in price between the amount the Temples agreed to pay under the land installment contract and the amount for which Howard subsequently sold the property.”
Bradford v. B & P Wrecking Co., 872 N.E.2d 331 (Ohio Ct. App. 2007). “Appellant contended that because he returned the land installment contracts to appellee and surrendered the properties, appellee was barred, under R.C. 5313.10, from further action on the contracts.”
Kassoudji v. Stamps, 2016 Ohio 7693 (Ohio Ct. App. 2016). “{¶ 40} In responding to the Stamps’ assignment of error, Kossoudji further argues that while the appropriate measure for relief of breach of a land contract is return of the property, termination of the contract is not an exclusive remedy under R.C. 5313.10. Specifically, R.C.…”
Hunter v. Wagener (In Re Sam A. Tisci, Inc.), 124 B.R. 42 (Bankr. N.D. Ohio 1990). “The Defendants contend that O.R.C. § 5313.10 applies because the Plaintiff is seeking an action on the land installment contract.”
Frey v. Hibbard, 577 N.E.2d 669 (Ohio Ct. App. 1989). “In his single assignment of error, the defendant contends that the trial court’s judgment is in error because forfeiture is the seller’s, exclusive remedy as provided by R.C. 5313.10. The assignment, which more appropriately addresses the weight of the evidence, is without merit.”
Good Shepherd Baptist Church, Inc. v. City of Columbus, 485 N.E.2d 725 (Ohio Ct. App. 1984). “This appeal concerns an interpretation of R.C. 5313.10 which pertains to the termination of land installment contracts by action pursuant to R.”
Cuyahoga Metro. Hous. Auth. v. Watkins, 491 N.E.2d 701 (Ohio Ct. App. 1984). “” R.C. 5313.10. Since the occupant’s payments were set below the fair rental value to accommodate her modest income, that recovery could be very substantial.”
Dalton v. Acker, 450 N.E.2d 288 (Ohio Ct. App. 1981). “At this point R.C. 5313.10 becomes an absolute bar to further action in providing: “The election of the vendor to terminate the land installment contract by an action under section 5313.”
Marvin v. Stemen, 426 N.E.2d 205 (Ohio Ct. App. 1980). “” Plaintiff has appealed the trial court’s determination and filed a brief containing, as the sole assignment of error, the following: “It was error to grant the motion for summary judgment because Ohio Revised Code Section 5313.10 allows a cause of action by a vendor against a…”
Kennedy v. Kunze, 2019 Ohio 372 (Ohio Ct. App. 2019). “ASSIGNMENT OF ERROR III THE TRIAL COURT ERRED DENYING THE STATUTORY REMEDIES AFFORDED TO A LAND CONTRACT VENDOR BY R.C. 5313.10. ASSIGNMENT OF ERROR IV THE TRIAL COURT ERRED IN GRANTING APPELLEE’S MOTION FOR SUMMARY JUDGMENT BY DENYING APPELLANT STATUTORY DAMAGES FROM THE TIME…”
Anna Holdings, L.L.C. v. McClanahan, 2019 Ohio 4697 (Ohio Ct. App. 2019). “08, the vendor’s remedy is limited by R.C. 5313.10, which provides: The election of the vendor to terminate the land installment contract by an action under section 5313.”
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