CTO FORM LETTERS
FL 6.4: RETALIATORY THREAT TO EVICT

ORC 5321.02 states:
"(A)... a landlord may not retaliate against a tenant by... bringing or threatening to bring an action for possession of the tenant's premises 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 threatens to bring an action for possession of the premises and you feel that the threat to bring action for possession of the premises is retaliatory as defined above, you should make clear, in writing, to the landlord that you feel the notice to vacate is in violation of the landlord/tenant law. The tenant has the right to defend any future eviction action as retaliatory pursuant to ORC 5321.02.