Ohio Code 1923.062 – Stay or adjustment of obligation for tenant on active duty
(A) In an action under this chapter for possession of residential premises of a tenant or manufactured home park resident who is deployed on active duty or of any member of the tenant’s or resident’s immediate family, if the tenant or resident entered into the rental agreement on or after the effective date of this section, the court may, on its own motion, and shall, upon motion made by or on behalf of the tenant or resident, do either of the following if the tenant’s or resident’s ability to pay the agreed rent is materially affected by the deployment on active duty:
Terms Used In Ohio Code 1923.062
- Landlord: means the owner, lessor, or sublessor of premises, or the agent or person the landlord authorizes to manage premises or to receive rent from a tenant under a rental agreement, except, if required by the facts of the action to which the term is applied, "landlord" means a park operator. See Ohio Code 1923.01
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or other provisions concerning the use or occupancy of premises by one of the parties to the agreement or lease, except that "rental agreement" as used in division (A)(13) of section 1923. See Ohio Code 1923.01
- tenant: includes a manufactured home park resident. See Ohio Code 1923.01
- United States: includes all the states. See Ohio Code 1.59
(1) Stay the proceedings for a period of ninety days, unless, in the opinion of the court, justice and equity require a longer or shorter period of time;
(2) Adjust the obligation under the rental agreement to preserve the interest of all parties to it.
(B) If a stay is granted under division (A) of this section, the court may grant the landlord or park operator such relief as equity may require.
(C) This section does not apply to landlords or park operators operating less than four residential premises.
(D) As used in this section, “active duty” means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code.