Abrams v. Grenny Properties, L.L.C., 2016 Ohio 8303

Abrams signed a residential lease with Grenny on Aug. 31, 2015; preprinted lease required $895 security deposit and $945 monthly rent.
A separate “Utility Addendum” required a $600 utility deposit if water/sewer remained in landlord’s name.
Abrams paid $1,780 in cash at signing; handwritten notations on the security agreement reflected modified terms (noting Abrams owed $25 balance and $600 utility deposit).
Grenny accepted the $1,780 but did not deliver possession, asserting Abrams had not paid the full security deposit and had not transferred utilities.
Abrams sued for return of the $1,780; Grenny counterclaimed. Trial court awarded Grenny $1,335 on its counterclaim and Abrams $345 (the difference).
On appeal, the court considered whether the handwritten modifications and cash tender formed an enforceable contract obligating Grenny to deliver possession.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether handwritten modifications and cash payment created a binding modification of the lease	Abrams: his $1,780 cash tender plus handwritten notations modified the preprinted lease and constituted acceptance of a new agreement	Grenny: despite accepting cash, it never delivered possession because Abrams failed to pay full required amounts and transfer utilities per original lease	Held: The cash tender and handwritten terms constituted a counteroffer accepted by Grenny, creating a modified contract obligating Grenny to deliver possession
Whether Grenny was entitled to retain the payment as a nonrefundable deposit	Abrams: nonrefundable clause applied only after lease breach or late rent; he never took possession so never breached	Grenny: relied on security agreement/nonrefund provision because full contractual conditions were not met	Held: Nonrefund term did not apply where Abrams never took possession and did not breach; Grenny breached by failing to deliver possession after accepting payment

Continental W. Condo. Unit Owners Assn. v. Howard E. Ferguson, Inc., 74 Ohio St.3d 501, 660 N.E.2d 431 (Ohio 1996) (contract interpretation reviewed de novo)
Aultman Hosp. Assn. v. Community Mut. Ins. Co., 46 Ohio St.3d 51, 544 N.E.2d 920 (Ohio 1989) (clear, unambiguous contracts are enforced according to plain language)
Kostelnik v. Helper, 96 Ohio St.3d 1, 770 N.E.2d 58 (Ohio 2002) (elements required for an enforceable contract)
Foster v. Ohio State Univ., 41 Ohio App.3d 86, 534 N.E.2d 1220 (Ohio Ct. App. 1987) (acceptance that changes terms is a counteroffer)

Decision: Reversed trial court and remanded with instruction to enter judgment for Abrams for the full $1,780 (appellant to recover costs).