Ohio Tenant's Answer to F.E.D. Complaint with Affirmative Defenses and Counterclaims

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS — OHIO F.E.D. ACTION

TABLE OF CONTENTS

1. Caption
2. Preliminary Statement
3. Answers to Allegations
4. Affirmative Defenses
5. Counterclaims
6. Prayer for Relief
7. Jury Demand
8. Verification
9. Signature and Service Blocks
10. Certificate of Service
11. Ohio Practice Notes
12. Sources and References

1. CAPTION

IN THE [____________] MUNICIPAL COURT / COUNTY COURT

[____________] COUNTY, OHIO

[CIVIL DIVISION / HOUSING DIVISION]

CASE NO. [________________________________]

JUDGE: [________________________________]

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS

(Jury Demand Endorsed Hereon: ☐ Yes / ☐ No)

2. PRELIMINARY STATEMENT

Defendant [TENANT NAME] (the "Tenant"), by and through undersigned counsel (or pro se), for the Tenant's Answer, Affirmative Defenses, and Counterclaims to the Complaint of Plaintiff [LANDLORD NAME] (the "Landlord"), states as follows. Each allegation of the Complaint not specifically admitted is denied.

3. ANSWERS TO ALLEGATIONS

3.1 The Tenant is without sufficient knowledge or information to admit or deny the allegations of Paragraph [____] of the Complaint regarding [LANDLORD'S CORPORATE EXISTENCE / OWNERSHIP], and therefore denies the same and demands strict proof.

3.2 The Tenant admits that Tenant resides at the Premises identified in the Complaint and admits the Premises are located in [____________] County, Ohio. All other allegations of Paragraph [____] are denied.

3.3 The Tenant admits / denies that a [☐ written / ☐ oral] rental agreement exists. To the extent the Complaint mischaracterizes the terms of the Agreement, the Tenant denies the mischaracterization, and the written Agreement (if any) speaks for itself.

3.4 With respect to Paragraph [____] alleging service of a Three-Day Notice to Leave the Premises:

[☐ Admitted that a notice was received on [__/__/____].]
[☐ Denied that the notice contained the statutory warning language required by R.C. § 1923.04(A).]
[☐ Denied that service was effected by a method authorized by R.C. § 1923.04 / § 1923.06.]
[☐ Denied that the three-day period had elapsed as of filing.]

3.5 With respect to Paragraph [____] alleging unpaid rent in the amount of $[__________]:

[☐ Denied. Tenant is current on rent through [__/__/____].]
[☐ Denied as overstated. The actual amount, if any, owed is $[__________].]
[☐ Denied. Plaintiff's acceptance of payment on [__/__/____] waived the notice.]
[☐ Denied. The amount alleged includes non-rent charges that are not "rent" under the Agreement.]

3.6 The Tenant denies each and every allegation of the Complaint not expressly admitted herein.

4. AFFIRMATIVE DEFENSES

For affirmative and other defenses, pleaded under Ohio Civ. R. 8(C) and 12(B), Tenant states:

4.1 First Defense — Defective 3-Day Notice (R.C. § 1923.04)

The 3-day Notice to Leave the Premises was defective on its face and/or in its service in that it (check all applicable):

☐ Did not contain the statutory warning language required by R.C. § 1923.04(A) (the "You are being asked to leave..." language) printed in a conspicuous manner.

☐ Was not served by a method authorized under R.C. § 1923.04 / § 1923.06.

☐ Was served less than three (3) full days, exclusive of the date of service, before the action was filed.

☐ Misstated the amount of rent due.

☐ Demanded charges that are not "rent" under the Agreement as a condition of avoiding eviction.

☐ Was waived by the Landlord's subsequent acceptance of rent.

4.2 Second Defense — Defective Predicate Notice

The action is premature because the Landlord failed to serve a valid predicate notice required by R.C. § 5321.11 (30-day cure) or § 5321.17(B) (30-day no-cause termination) / § 5321.17(A) (7-day weekly), or such notice was deficient in form, content, or service.

4.3 Third Defense — CARES Act 30-Day Notice (15 U.S.C. § 9058)

The Premises constitute a "covered dwelling" under 15 U.S.C. § 9058 (federally backed mortgage, LIHTC, project-based Section 8, HCV, USDA), and the Landlord failed to serve a compliant 30-day notice to vacate. The action is therefore premature.

4.4 Fourth Defense — Implied Warranty of Habitability (R.C. § 5321.04)

The Landlord materially breached the implied warranty of habitability and the obligations imposed by R.C. § 5321.04 by failing to maintain the Premises in a fit and habitable condition. Specific defects include:

[________________________________________________________________________________

________________________________________________________________________________]

To the extent the Tenant has withheld or escrowed rent, such withholding is justified by the Landlord's breach.

4.5 Fifth Defense — Rent Escrow / Tenant Remedies (R.C. § 5321.07–.08)

The Tenant gave the Landlord written notice of the defects on [__/__/____], specifying the noncompliance. More than 30 days (or a reasonable shorter period in light of emergency) passed without remedy. The Tenant was current on rent at the time of notice and has [☐ deposited rent with the Clerk of this Court / ☐ filed an application under R.C. § 5321.07 in Case No. [____________]] in accordance with the rent-escrow remedy.

4.6 Sixth Defense — Retaliation (R.C. § 5321.02)

This action was brought in retaliation for the Tenant's exercise of protected activity, including (check all applicable):

☐ Complaining to a governmental agency about a building, housing, health, or safety code violation materially affecting health and safety.

☐ Complaining to the Landlord about a violation of R.C. § 5321.04.

☐ Joining or organizing a tenant association.

☐ Other protected activity: [____________].

The retaliatory action took place on or after [__/__/____], within a temporal proximity that supports an inference of retaliation.

4.7 Seventh Defense — Discrimination (R.C. § 4112.02; 42 U.S.C. §§ 3601–3619)

The action was brought, in whole or in part, on a basis prohibited by the Ohio Civil Rights Act (R.C. § 4112.02) and/or the federal Fair Housing Act, including [☐ race / ☐ color / ☐ national origin / ☐ religion / ☐ sex / ☐ familial status / ☐ disability / ☐ ancestry / ☐ military status / ☐ marital status / ☐ source of income (where covered by local ordinance)].

4.8 Eighth Defense — Self-Help Eviction (R.C. § 5321.15)

The Landlord engaged in prohibited self-help (lockout, utility shutoff, removal of possessions, threat of unlawful exclusion) on or about [__/__/____], which constitutes an independent statutory violation.

4.9 Ninth Defense — Waiver and Estoppel

The Landlord waived the right to terminate or proceed by accepting rent after the alleged default and/or after service of the notice, and is estopped from asserting a contrary position.

4.10 Tenth Defense — Failure to State a Claim (Ohio Civ. R. 12(B)(6))

The Complaint fails to state a claim upon which relief may be granted.

4.11 Eleventh Defense — Lack of Personal Jurisdiction / Insufficient Service (Civ. R. 12(B)(2), (5))

Service was insufficient under R.C. § 1923.06 and applicable Civil Rules.

4.12 Twelfth Defense — Unclean Hands; Equitable Defenses

To the extent equitable relief is sought, the Landlord comes with unclean hands, including the conduct described in the Counterclaims below.

4.13 Thirteenth Defense — Subsidized-Housing Procedure (24 C.F.R. Parts 247, 966, 982)

The Premises are subsidized housing requiring "good cause" termination and grievance procedures under 24 C.F.R. Part 247 (project-based), Part 966 (public housing), or Part 982 (HCV). The Landlord failed to comply.

4.14 Fourteenth Defense — Reservation of Defenses

Tenant reserves the right to assert additional defenses as discovery and investigation progress.

5. COUNTERCLAIMS

For Counterclaims under Ohio Civ. R. 13, Tenant states:

5.1 First Counterclaim — Breach of Implied Warranty of Habitability (R.C. § 5321.04)

5.1.1 At all relevant times, the Landlord was obligated under R.C. § 5321.04 to keep the Premises in fit and habitable condition.

5.1.2 The Landlord materially breached these obligations by failing to remedy the conditions described in Section 4.4 above, despite written notice from the Tenant.

5.1.3 As a direct and proximate result, the Tenant suffered damages including loss of use, diminution in rental value, property damage, out-of-pocket expenses, and personal injury, in an amount to be proven at trial but not less than $[__________].

5.2 Second Counterclaim — Retaliation (R.C. § 5321.02)

5.2.1 The Tenant engaged in protected activity, as described in Section 4.6.

5.2.2 The Landlord retaliated by [☐ increasing rent / ☐ decreasing services / ☐ filing this F.E.D. action / ☐ refusing to renew / ☐ harassment].

5.2.3 Tenant is entitled to actual damages plus reasonable attorneys' fees under R.C. § 5321.02(B).

5.3 Third Counterclaim — Wrongful Withholding of Security Deposit (R.C. § 5321.16)

5.3.1 The Tenant paid a security deposit in the amount of $[__________] on or about [__/__/____].

5.3.2 [☐ Upon the prior termination / ☐ At the conclusion of this action] of the rental, the Landlord failed to deliver an itemized statement of deductions or to refund the balance within thirty (30) days of termination and delivery of possession as required by R.C. § 5321.16(B).

5.3.3 Under R.C. § 5321.16(C), the Tenant is entitled to recover the amount wrongfully withheld and an additional equal amount as damages, plus reasonable attorneys' fees.

5.4 Fourth Counterclaim — Self-Help Eviction (R.C. § 5321.15)

5.4.1 On or about [__/__/____], the Landlord [☐ changed the locks / ☐ shut off utilities / ☐ removed Tenant's personal property / ☐ excluded Tenant from the Premises / ☐ threatened unlawful exclusion].

5.4.2 The conduct violated R.C. § 5321.15. The Tenant is entitled to all damages caused, plus reasonable attorneys' fees.

5.5 Fifth Counterclaim — Discrimination (R.C. § 4112.02; FHA)

5.5.1 Tenant incorporates Section 4.7.

5.5.2 The Landlord's conduct violated the Ohio Civil Rights Act and/or the federal Fair Housing Act and entitles Tenant to actual and (where authorized) punitive damages, injunctive relief, and attorneys' fees.

5.6 Sixth Counterclaim — Other (Specify)

[____________________________________________________________]

6. PRAYER FOR RELIEF

WHEREFORE, the Tenant prays:

A. That judgment be entered for the Tenant on Plaintiff's First Cause of Action (Possession), with the Tenant restored to and confirmed in possession;

B. That judgment be entered for the Tenant on Plaintiff's Second Cause of Action (Money Damages), or, alternatively, that any rent found owing be set off by the Tenant's counterclaim damages;

C. On the Tenant's Counterclaims, judgment in favor of the Tenant in the amount of $[__________], plus statutory enhancements (including double damages on the security deposit under R.C. § 5321.16(C)), pre- and post-judgment interest under R.C. § 1343.03, costs, and reasonable attorneys' fees;

D. Such other and further relief at law or equity as this Court deems just and proper.

7. JURY DEMAND

Pursuant to Ohio Civ. R. 38, Tenant [☐ demands / ☐ does not demand] trial by jury on all issues so triable, including the Counterclaims and the Second Cause of Action.

8. VERIFICATION

STATE OF OHIO )

COUNTY OF [____________] ) SS:

I, [TENANT NAME], being first duly sworn, depose and state that I am the Defendant in the foregoing action; that I have read the foregoing Answer and Counterclaims; and that the matters and facts therein stated are true to the best of my knowledge, information, and belief.

________________________________

[TENANT NAME]

Sworn to before me and subscribed in my presence this ____ day of ______________, 20____.

________________________________

Notary Public — State of Ohio

My commission expires: [__/__/____]

9. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

________________________________

[ATTORNEY NAME], Esq. (Ohio Sup. Ct. Reg. No. [____________])

[FIRM / LEGAL AID ORG.]

[ADDRESS]

[CITY, STATE, ZIP]

Telephone: [____________]

Email: [________________________________]

Counsel for Defendant [TENANT NAME]

— OR —

________________________________

[TENANT NAME], Pro Se

[Address]

[Telephone]

[Email]

10. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and accurate copy of the foregoing Answer, Affirmative Defenses, and Counterclaims was served upon counsel for the Plaintiff (or upon the Plaintiff if pro se) by:

☐ E-filing through the Court's electronic filing system, which provides electronic service to all registered parties.

☐ U.S. Mail, postage prepaid, addressed to: [____________].

☐ Hand delivery.

☐ Email at: [____________] (with consent under Civ. R. 5(B)(2)(f)).

________________________________

[Counsel for Defendant / Defendant Pro Se]

11. OHIO PRACTICE NOTES

11.1 Timing — Two Different Answer Deadlines

Under R.C. § 1923.05 and local rule, the Tenant's response on the First Cause (possession) is due at the hearing (typically 7–30 days after filing). Under Ohio Civ. R. 12(A)(1), the answer to the Second Cause (money damages) is due 28 days after service. File a single combined answer and note both timelines to avoid default on the money cause.

11.2 Discovery — Leave Required (R.C. § 1923.061)

Discovery on the F.E.D. cause is permitted only with leave of court, given the expedited timeline. Discovery on the Second Cause and counterclaims proceeds under Civ. R. 26–37. Move for leave when factual development is required for habitability, retaliation, or discrimination defenses.

11.3 Rent Escrow Mechanics (R.C. § 5321.07–.08)

The rent-escrow application is filed with the Clerk of the Municipal/County Court where the Premises are located. Prerequisites: (i) tenant current on rent at the time of the § 5321.07 written notice; (ii) written notice describing the defects; (iii) reasonable time (default 30 days) for landlord to repair; (iv) deposit of rent with the Clerk. If a landlord files F.E.D. for nonpayment after the tenant has properly escrowed, the escrow is a complete defense to nonpayment.

11.4 Counterclaim Strategy and Payment-In

Under R.C. § 1923.061, when a possession claim is based on nonpayment and the Tenant counterclaims under Chapter 5321, the court may order the Tenant to pay rent into court during the pendency. Failure to comply with such an order can result in a default on the possession claim.

11.5 Security Deposit Damages

R.C. § 5321.16(C) provides that a landlord wrongfully withholding a security deposit is liable for "double" the amount wrongfully withheld (the original amount + an equal additional amount) plus reasonable attorneys' fees. Note: Ohio courts construe the statute strictly — the landlord must have a 30-day-itemized-list violation and the tenant must have provided a forwarding address.

11.6 Retaliation Presumption

While Ohio does not codify a strict temporal-presumption window, courts often infer retaliation when the F.E.D. is filed shortly (within 60–90 days) after a documented code complaint or written repair request. Document timing carefully.

11.7 Self-Help Damages

Self-help violations can yield actual damages, attorneys' fees, and (in some cases) emotional-distress damages. Document lockouts with photos, statements, and police reports.

11.8 Subsidized Tenancies

For HUD project-based, public housing, and HCV tenants, the failure of the Landlord to issue a 30-day "good cause" notice and to follow grievance procedures is a complete defense. Cite the specific 24 C.F.R. provision.

11.9 Local Tenant-Protection Ordinances

• Cleveland Pay-to-Stay (C.O. § 375) — landlord must accept rent + late fees tendered before hearing in pay-only cases.
• Cleveland Right-to-Counsel — eligible tenants entitled to appointed counsel; raise at first appearance.
• Cincinnati Mun. Code Ch. 870/871 — source-of-income protections; eviction-filing requirements.
• Toledo Mun. Code Ch. 1750 — pay-to-stay and right-to-counsel.
• Columbus — source-of-income; eviction-prevention measures.

11.10 Stay Pending Appeal

Following an adverse possession judgment, an Ohio appellate stay generally requires the Tenant to post a supersedeas bond covering rent and damages during the appeal. See R.C. § 1923.14 and App. R. 7.

12. SOURCES AND REFERENCES

• Ohio Rev. Code § 1923.061 — Defenses; Counterclaims: https://codes.ohio.gov/ohio-revised-code/section-1923.061
• Ohio Rev. Code § 1923.04 — Notice; Service: https://codes.ohio.gov/ohio-revised-code/section-1923.04
• Ohio Rev. Code § 5321.02 — Retaliation Prohibited: https://codes.ohio.gov/ohio-revised-code/section-5321.02
• Ohio Rev. Code § 5321.04 — Landlord Obligations: https://codes.ohio.gov/ohio-revised-code/section-5321.04
• Ohio Rev. Code § 5321.07 — Tenant Remedies / Rent Escrow: https://codes.ohio.gov/ohio-revised-code/section-5321.07
• Ohio Rev. Code § 5321.08 — Application of Deposited Rent: https://codes.ohio.gov/ohio-revised-code/section-5321.08
• Ohio Rev. Code § 5321.15 — Self-Help Eviction Prohibited: https://codes.ohio.gov/ohio-revised-code/section-5321.15
• Ohio Rev. Code § 5321.16 — Security Deposit Procedures: https://codes.ohio.gov/ohio-revised-code/section-5321.16
• Ohio Rev. Code § 4112.02 — Ohio Civil Rights Act: https://codes.ohio.gov/ohio-revised-code/section-4112.02
• 42 U.S.C. §§ 3601–3619 — Federal Fair Housing Act: https://www.law.cornell.edu/uscode/text/42/chapter-45
• 15 U.S.C. § 9058 — CARES Act: https://www.law.cornell.edu/uscode/text/15/9058
• 24 C.F.R. Part 247 — HUD Subsidized Housing: https://www.ecfr.gov/current/title-24/part-247
• Ohio Rules of Civil Procedure: https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/civil/CivilProcedure.pdf
• Legal Aid Society of Cleveland — Eviction Answer & Counterclaim: https://lasclev.org/evictionanswerandcounterclaim/
• Ohio Legal Help — Responding to an Eviction: https://www.ohiolegalhelp.org/topic/eviction
• COHHIO Tenant Rights Resources: https://cohhio.org/support/tenant-rights/