Ohio Rev. Code § 1923 § 1923.061
Defenses - counterclaims.
Operative Text
(A) Any defense in an action under this chapter may be asserted at trial. (B) In an action for possession of residential premises based upon nonpayment of the rent or in an action for rent when the tenant or manufactured home park resident is in possession, the tenant or resident may counterclaim for any amount the tenant or resident may recover under the rental agreement or under Chapter 4781. or 5321. of the Revised Code. In that event, the court from time to time may order the tenant or resident to pay into court all or part of the past due rent and rent becoming due during the pendency of the action. After trial and judgment, the party to whom a net judgment is owed shall be paid first from the money paid into court, and any balance shall be satisfied as any other judgment. If no rent remains due after application of this division, judgment shall be entered for the tenant or resident in the action for possession. If the tenant or resident has paid into court an amount greater than that necessary to satisfy a judgment obtained by the landlord, the balance shall be returned by the court to the tenant or resident.
Ohio Rev. Code § 1923.061 establishes that any defense available to a tenant in an eviction proceeding may be raised at trial. When a landlord sues for possession due to unpaid rent, or sues for rent while the tenant still occupies the unit, the tenant is permitted to bring counterclaims for amounts owed under the rental agreement or under Ohio's landlord-tenant or manufactured home park statutes. The court may require the tenant to deposit rent into the court during the case, and after judgment, any net amount owed is paid first from those deposited funds, with the remaining balance handled like any other court judgment.
Plain English — not legal advice.
Under Ohio Rev. Code § 1923.061, landlords pursuing eviction or rent-collection actions in Ohio courts should be aware that tenants have a statutory right to raise counterclaims in the same proceeding. Compliant operators generally maintain thorough records of rent payments, repair requests, and lease terms, since those records become relevant when a tenant asserts claims under Chapters 4781 or 5321 of the Revised Code. Operators also recognize that if a court finds no rent remains due after resolving counterclaims, judgment for possession may be entered in the tenant's favor.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ohio Rev. Code § 1923.061 gives tenants the right to assert any available defense at trial in an eviction case and to file counterclaims in the same action when a landlord sues for possession based on nonpayment or sues for rent while the tenant remains in the unit. Counterclaims may include amounts owed under the lease or under Ohio's landlord-tenant law (Chapter 5321) or manufactured home park law (Chapter 4781). Tenants who believe they have claims against their landlord may wish to consult a tenant-rights organization or legal aid provider to understand the range of options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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