Ohio Rev. Code » Chapter 5321
Ohio Revised Code

Ohio Rev. Code § 5321.03 (2026)

Action for possession by landlord

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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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(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.

Last updated August 17, 2023 at 2:10 PM

Notes of Decisions
Cited in 27 cases (7 in the last 5 years), 1981–2025 · leading case: Geoffrey M. Radvansky v. City of Olmsted Falls, 395 F.3d 291 (6th Cir. 2005).
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Geoffrey M. Radvansky v. City of Olmsted Falls, 395 F.3d 291 (6th Cir. 2005). “2d at 1145; Ohio Rev.Code Ann. § 5321.17. If the landlord gives proper notice, but the tenant refuses to vacate, the landlord may bring a forcible detainer action in court to remove the tenant.”
Cuyahoga Metro. Hous. Auth. v. Watkins, 491 N.E.2d 701 (Ohio Ct. App. 8th Dist. 1984). · cites it 6× “Additionally, appellant argues that notwithstanding a finding of retaliation, a landlord may still bring a forcible entry and detainer action if the tenant is in default in the payment of rent pursuant to R.C. 5321.03. 12 The appellee alleged in her “brief in *25 support of her…”
Karas v. Floyd, 440 N.E.2d 563 (Ohio Ct. App. 2d Dist. 1981). · cites it 6× “” While additional reasons may be established which would justify a landlord’s action for possession, the burden of proving such reasons, by analogy to R.C. 5321.03, would be placed upon the landlord.”
Weishaar v. Strimbu, 601 N.E.2d 587 (Ohio Ct. App. 8th Dist. 1991). · cites it 2× “02 which provides, in pertinent part, that: “(A) Subject to section 5321.03 of the Revised Code, a landlord may not retaliate against a tenant by increasing the tenant’s rent, * * * because: “(1) The tenant has complained to an appropriate governmental agency of a violation of a…”
Howard v. Simon, 480 N.E.2d 99 (Ohio Ct. App. 8th Dist. 1984). · cites it 2× “That section provides in relevant part that: “(A) Subject to section 5321.03 of the Revised Code, a landlord may not retaliate against a tenant by * * * bringing or threatening to bring an action for possession of the tenant’s premises because: {ilk sfc jjc “(2) The tenant has…”
State ex rel. Pizza v. Rezcallah, 702 N.E.2d 81 (Ohio 1998). “…Thus, a landlord is bound under the law to follow normal eviction proceedings as outlined in R.C. 1923.02 and R.C. 5321.03.”
Miller v. Ritchie, 543 N.E.2d 1265 (Ohio 1989). “” R.C. 5321.03 authorizes a landlord to bring a forcible entry and detainer action and provides in division (B) that “[t]he 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…”
Sherman v. Pearson, 673 N.E.2d 643 (Ohio Ct. App. 1st Dist. 1996). “The Landlord and Tenant Act, specifically R.C. 5321.03(B), expressly provides that the landlord’s action against the tenant “does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement.”
Voyager Vill. Ltd. v. Williams, 444 N.E.2d 1337 (Ohio Ct. App. 2d Dist. 1982). “R.C. 5321.03(A)(4). This justification is not innovative.”
Briggs v. MacSwain, 508 N.E.2d 1028 (Ohio Ct. App. 10th Dist. 1986). “R.C. 5321.03(A)(1) specifically authorizes proceedings under R.”
Witkowski v. Arditi, 702 N.E.2d 1231 (Ohio Ct. App. 7th Dist. 1997). “She apparently overlooks the fact that this section does not serve to prevent a landlord from commencing an action for possession of the premises when the tenant is in default in the payment of rent.”
Staley v. Phillips, 2022-Ohio-2112. “See R.C. 5321.03(A)(4). “ ‘Forcible entry and detainer, as authorized in R.”
Show all 27 citing cases →
Ohio Rev. Code § 5321.03(4): 1 case
Geoffrey M. Radvansky v. City of Olmsted Falls, 395 F.3d 291 (6th Cir. 2005). “2d at 1145; Ohio Rev.Code Ann. § 5321.17. If the landlord gives proper notice, but the tenant refuses to vacate, the landlord may bring a forcible detainer action in court to remove the tenant.”
Ohio Rev. Code § 5321.03(A): 3 cases
Karas v. Floyd, 440 N.E.2d 563 (Ohio Ct. App. 2d Dist. 1981). “” While additional reasons may be established which would justify a landlord’s action for possession, the burden of proving such reasons, by analogy to R.C. 5321.03, would be placed upon the landlord.”
Phillimore v. Butterbaugh, 2014-Ohio-4641.
Barnett v. Sanders, 2025-Ohio-5033, 273 N.E.3d 1256.
Ohio Rev. Code § 5321.03(A)(1): 3 cases
Briggs v. MacSwain, 508 N.E.2d 1028 (Ohio Ct. App. 10th Dist. 1986). “R.C. 5321.03(A)(1) specifically authorizes proceedings under R.”
Witkowski v. Arditi, 702 N.E.2d 1231 (Ohio Ct. App. 7th Dist. 1997). “She apparently overlooks the fact that this section does not serve to prevent a landlord from commencing an action for possession of the premises when the tenant is in default in the payment of rent.”
Mushi v. Dietz Prop. Grp., 2019-Ohio-3741.
Ohio Rev. Code § 5321.03(A)(4): 7 cases
Voyager Vill. Ltd. v. Williams, 444 N.E.2d 1337 (Ohio Ct. App. 2d Dist. 1982). “R.C. 5321.03(A)(4). This justification is not innovative.”
Staley v. Phillips, 2022-Ohio-2112. “See R.C. 5321.03(A)(4). “ ‘Forcible entry and detainer, as authorized in R.”
K&D Mgt., L.L.C. v. Masten, 2013-Ohio-2905.
J & V Prop. Mgt. v. Wayne Link, 2019-Ohio-4232.
Krantz v. Pahnke, 2022-Ohio-15.
Ohio Rev. Code § 5321.03(B): 1 case
Sherman v. Pearson, 673 N.E.2d 643 (Ohio Ct. App. 1st Dist. 1996). “The Landlord and Tenant Act, specifically R.C. 5321.03(B), expressly provides that the landlord’s action against the tenant “does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement.”
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