CTO FORM LETTERS
FL 6.1: RETALIATORY RENT INCREASE

ORC 5321.02 states:
"(A)... a landlord may not retaliate against a tenant by increas ing the tenant's rent ... because:

1. The tenant has complained to an appropriate governmental agency of a violation of a building, housing, health or safety code...;
2. The tenant has complained to the landlord of any violation of section 5321.04 of the Revised Code;
3. The tenant joined with other tenants for the purpose of...dealing collectively with the landlord...

(B) If a landlord acts in violation of division (A) of this section the tenant may:

1. Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises;
2. Recover possession of the premises; or
3. Terminate the rental agreement.

In addition, the tenant may recover from the landlord any actual damages together with reasonable attorney's fees.

In the event that your landlord has increased your rent and you feel the increase is retaliatory as defined above, you should make clear to the landlord that you feel the increase is in violation of the landlord/tenant law and pay the regular rental payment when it'swdue. If the landlord refuses your rent and attempts to evict for non-payment, the tenant's defense is 5321.02(B)(1). If the tenant chooses to pay the rent increase, the tenant could try to sue for the difference between the rent paid and the rent owed in Small Claims Court. Any action in Small Claims is best if filed as soon as the tenant begins paying the increased rent. Paying the increased rent for a period of time may waive a tenant's right to bring a lawsuit.