City Councilors Rush to Enact Major New Eviction Law Before Final Meeting

• Author: Michael Bordonada
• Posted: 2024-03-12

As the end of 2021 approached, many cities were faced with changes to how they handle housing. A lot of the renter's protection laws put in place during the pandemic were set to expire at the end of 2021. Different cities have struggled to find the right solution for their citizens. Here is one surprising option that one area came up with.

Cleveland Heights City Council Finalize Last-Minute Legislation

Cleveland Heights is a bustling suburb just outside of Cleveland, Ohio that is filled with renters. Due to the way their city government is run, December was the last month for several council members. The city plans to transition away from the city manager-council form of government they previously used. Therefore representatives like Councilman Mike Ungar and council President Jason Stein will no longer be working in their former role.

During the final months of their tenure, these legislators rushed to find a solution to their renting problem. Since June, the council members have been working on legislation to address the rental crisis. The city is technically no longer under an eviction moratorium. However, many renters still cannot pay their full rent due to COVID-related hardships. Ohio is one of only five states that let landlords file eviction just three days after a missed payment. With just days left at theory job, the council members worked over time to finalize important legislation to protect tenants. At the final vote, all six members voted in favor of the law.

"Pay-to-Stay" Law Provides Protections for Tenants

This new law is called the "Pay-to-Stay" law because it is meant to help tenants who just briefly lose a rent payment. The new law gives extra coverage beyond the state's original law that lets people be evicted right after missing the payment. Under the new law, tenants who pay their missing rent can avoid immediate eviction.

This means that landlords cannot automatically terminate a person's pre-existing lease just moments after they miss a single payment. The law is meant to help in situations such as a tenant missing one month of rent because they couldn't deposit their paycheck in time or had a job shut down due to COVID-19. However, unlike eviction moratoriums, it's meant to be a permanent solution that will stay in place even after the pandemic ends.

Understanding How the New Law Works

The Pay-to-Stay law is not a widespread law that keeps anyone from being evicted. Instead it only applies in certain situations. The first thing to know is that it only applies in situations where a renter has missed their rent. It does nothing to block evictions when a tenant is breaking their lease terms or damaging the property.

Instead, the law will be relevant in cases where a tenant misses a payment. After the missed payment, the tenant can make the late payment to avoid an eviction notice. If they receive an eviction notice before paying, they still have the time between the notice and the final judgment to pay their rent. As long as the tenant pays the missing rent and any late fees before the final judgment, they can avoid eviction. The law also specifies that late fees can't be more than 25 dollars or five percent of the monthly rent.

Are Other Cities Likely to Follow This Law?

Cleveland Heights is just the latest city to enact a Pay-to-Stay law. These sorts of laws have become an increasingly common way of addressing the housing crisis. The early days of the pandemic revealed that many Americans are just a paycheck or two away from losing their home, and cities want to find a way to help these vulnerable people. However, at the same time, the complete pause on evictions showed that many landlords couldn't bear the financial burden of owning a property without getting rent on a regular basis.

For many cities, a Pay-to-Stay law can be a good compromise. It gives renters a few rights, so families don't become homeless due a few weeks of bad luck. However, it also ensures that landlords have some options in cases where a tenant absolutely refuses to pay for months on end. Altogether, this sort of law may become more and more prevalent in areas with limited rental protections. They help cities to protect both tenants and landlords.