2020 Ohio 1473
Ohio Ct. App.2020Background
- Munan Investment LLC (Munan) owned 9900 Timbers Dr.; Nan Li, an officer of Munan, signed a written 60‑month lease to herself for $10/month beginning August 1, 2017.
- Munan sold the property to 9900 Timbers Dr. Investment LLC (TDI) in late 2017; TDI later served Li a 30‑day termination notice (effective July 31, 2018) and a three‑day notice to vacate.
- Li remained; TDI filed for eviction (forcible entry and detainer) on August 7, 2018 and sought a writ of restitution.
- TDI moved for partial summary judgment on the eviction claim, arguing the lease was defectively executed under R.C. 5301.01 and thus created a month‑to‑month tenancy that TDI validly terminated.
- Li opposed, contending the doctrine of part performance applied because she prepaid rent through August 2019; her support was an unsworn statement by Munan’s sole member.
- The trial court granted partial summary judgment for TDI and issued a writ of restitution; this court affirmed, finding no genuine issue of material fact and that the unsworn statement was inadmissible on summary judgment.
Issues
| Issue | Plaintiff's Argument (TDI) | Defendant's Argument (Li) | Held |
|---|---|---|---|
| Validity of the three‑day notice to vacate | Notice was proper because tenancy was month‑to‑month; eviction procedures followed | Li argued notice was invalid due to prior owner’s acceptance of future rent | Argument waived on appeal (Li did not raise it below); assignment overruled |
| Effect of statute of conveyances and part‑performance | Lease was defectively executed (no notarization) under R.C. 5301.01, so created month‑to‑month tenancy that TDI validly terminated | Lease enforceable by part performance because Li prepaid rent for most of lease term | Court held lease was invalid under R.C. 5301.01; Li’s evidence (unsworn statement) was inadmissible, so no genuine issue of material fact; summary judgment for TDI affirmed |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (de novo standard of review for summary judgment)
- State ex rel. Howard v. Ferreri, 70 Ohio St.3d 587 (summary judgment requirements and burdens)
- Delfino v. Paul Davies Chevrolet, Inc., 2 Ohio St.2d 282 (R.C. 5301.01 is mandatory; defectively executed lease results in month‑to‑month tenancy)
- State ex rel. The V Cos. v. Marshall, 81 Ohio St.3d 467 (unsworn statements are not competent summary‑judgment evidence)