What is Pay to Stay legislation?

Pay to Stay legislation provides protections so that landlords are not able to evict a tenant for being just a day or two late on rent.  Currently, under Ohio law, a landlord is able to evict a tenant even if they are able to pay the full rent as long as it occurs after the due date.  This allows a landlord to be able to reject late rent from tenants who may be vulnerable due to circumstances that are out of their control, such as illness and resulting lost wages.  With the implementation of Pay to Stay ordinances, a renter may present the full rent due and reasonable late fees to obtain dismissal of an eviction action.   

Why is Pay to Stay legislation needed?

Landlords in Ohio are able to issue a notice to leave and begin the eviction process for a tenant if that person is a day late, or a dollar short, on their rent payment.  Even if a renter offers to pay the missed rent the day after it becomes late, the landlord can choose whether or not to accept the late payment.  Adoption of a local ordinance that requires landlords to accept a late payment made in full, with applicable late fees and costs, would permit renters to defend against an eviction filing.  

Pay to Stay legislation provides protection for renters to maintain housing stability and to curb the burdens on the social safety net.  Additionally, with the cost of rent rapidly growing in the region due to increased demand and low supply, along with limited tenant protections, there appears to be the potential for some landlords to evict a late-paying tenant in order to bring in someone who is willing to pay a higher market-rate rent.   

For Additional information, contact Management Assistant & Special Projects Coordinator Ethan Barnhardt at ethan.barnhardt@worthington.org