Chasteen v. Dix Road Property Mgt., L.L.C.
2021 Ohio 463
Ohio Ct. App.2021Background
- Tenant Bradley Chasteen leased a month-to-month Fairfield, Ohio residence; on August 13, 2019 the basement flooded with raw sewage.
- Chasteen complained repeatedly about remediation, insisted furnace inspection/cleaning and carpet replacement were required, and ultimately filed an R.C. 5321.07 rent-escrow application on September 5, 2019 and deposited rent with the court.
- Dix Road Property Management performed various cleanup/repairs (steam cleaning, drywall removal, tile and cabinet work) and disputed the need to replace carpet or clean the furnace; some repairs continued into October and carpet was not replaced until after Chasteen moved out.
- Dix Road filed an R.C. 5321.09 application (Dec. 30, 2019) seeking release of the escrowed rent, arguing Chasteen failed to provide timely written notice and/or caused the flood by flushing wipes.
- After a February 10, 2020 hearing with lay testimony (including a sewer technician and a restoration contractor), the trial court found the residence uninhabitable due to raw sewage damage and released the escrow to Chasteen; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (Chasteen) | Defendant's Argument (Dix Road) | Held |
|---|---|---|---|
| Timeliness and adequacy of R.C. 5321.07(A) notice | Provided prior written notice (email/text) and certified same in escrow application; landlord had ~3 weeks to cure before escrow | No timely written notice was given before deposit, so escrow was improper | Court found Chasteen's sworn application and evidence of prior communications sufficient; denial of landlord's dismissal motion affirmed |
| Causation and habitability (whether escrow must be released to landlord) | Flood not caused by tenant; home remained uninhabitable (sewage in furnace, carpet contaminated, ongoing mold) so escrow proper | Flood caused by tenant/occupant flushing wipes; Dix Road completed necessary remediation so funds should be released to landlord | Trial court credited tenant’s testimony over landlord’s lay-opinion theory; found residence uninhabitable and release to tenant supported by competent, credible evidence; affirmed |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (definition of abuse of discretion)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standards for sufficiency and manifest-weight review)
- Myers v. Garson, 66 Ohio St.3d 610 (1993) (deference when findings turn on witness credibility)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (respecting factfinder credibility determinations)
- Huge v. Ford Motor Co., 155 Ohio App.3d 730 (2004) (motions to dismiss reviewed for abuse of discretion)