Pay to Stay
Virtual Q&A Session with City Staff - May 17, 2023 at 12:30 pm
City staff will be holding a virtual Q&A session for interested community members to ask questions about Pay to stay. The session will be held via Microsoft Teams on May 17, 2023, from 12:30-1:30 pm. No registration is necessary.
You may join the meeting by clicking on this link, or by calling 1-567-249-0032 and entering Conference ID number 493 082 045 followed by "#"
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 email@example.com
- What is Pay to Stay?
- Why is Pay to Stay Legislation Needed?
- Why is Worthington Considering the Adoption of Pay to Stay Legislation?
- How Does Pay to Stay Affect Landlords?
- Will this apply to leases that were signed prior to the pass of Pay to Stay legislation?
- How often can the Pay to Stay defense be used?
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. With Pay to Stay ordinances, a renter may present the full rent due and reasonable late fees to obtain dismissal of an eviction action.
Currently, under Ohio law a landlord has no legal responsibility to accept a late payment from a tenant. Ohio is currently one of only five states where a single missed payment can lead to a tenant being evicted even if the tenant can tender the full amount of rent and other fees. Pay to Stay legislation provides protection for renters to maintain housing stability and to curb the burdens on the social safety net.
In recent years, the City of Worthington has been active in pursuing policies and initiatives that have touched on both equity and housing. By passing Pay to Stay legislation, Worthington would codify an existing defense that is already used by tenants in response to eviction actions.
This legislation does not change landlords’ current ability to initiate an eviction. Pay to Stay legislation would serve to codify an existing eviction defense already used by tenants.
No, the provisions of the draft Pay to Stay ordinance will only apply to leases that are entered into after the effective date of the legislation if passed.
Under the draft ordinance, successful residential tenants are prohibited from utilizing the Pay to Stay affirmative defense more than once within the same calendar year. However, this ordinance does not prohibit tenants from using other affirmative defenses more than once during any twelve-month period.