CTO FORM LETTERS
FL 6.2 RETALIATORY SERVICE DECREASE

ORC 5321.02 states:
"(A)... a landlord may not retaliate against a tenant by... decreasing services that are due to the tenant... because:

1. The tenant has complained to an appropriate governmental agency of a violation of a building, housing, helath 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 decreased services to you, and you feel that the decrease in services is retaliatory as defined above, you should make clear, in writing, to the landlord that you feel the decrease in services is in violation of the landlord/tenant law. The tenant has the option to terminate the rental agreement and move out if the landlord retaliates by decreasing services.