Conner v. Conner, 2018 Ohio 2698

Alysha Conner lived in a mobile home on landlords Leonard and Rose Conner's property beginning April 2014 and paid the trailer finance payment.
Alysha alleged the landlords constructively evicted her (including termination of utilities) around August 2, 2014, before her agreed move-out date.
She sued for constructive eviction/breach of quiet enjoyment and related torts and sought damages and attorney fees under R.C. 5321.15(C).
The municipal court found landlords constructively evicted Alysha and awarded $100 nominal damages plus $1,000 special damages, but denied attorney fees.
Alysha appealed, arguing R.C. 5321.15(C) mandates an award of reasonable attorney fees when a landlord wrongfully excludes a tenant; the appellate court reviewed statutory interpretation de novo.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether R.C. 5321.15(C) requires an award of reasonable attorney fees when a landlord wrongfully excludes a tenant	R.C. 5321.15(C) plainly mandates that a landlord who violates the section is liable for "all damages" together with "reasonable attorneys fees," so attorney fees must be awarded	Entitlement to attorney fees under R.C. Chapter 5321 is discretionary and the trial court properly exercised its discretion in denying fees (and any absence of trial transcript should sustain the trial court)	The statute's plain language makes an award of reasonable attorney fees mandatory once a landlord is found to have violated R.C. 5321.15(A); amount is for the trial court to determine

Stewart v. Vivian, 91 N.E.3d 716 (Ohio 2017) (statutory construction reviewed de novo)
Smith v. Padgett, 513 N.E.2d 737 (Ohio 1987) (under R.C. 5321.16, attorney-fee and damages awards are mandatory)
Crenshaw v. Rowland, 965 N.E.2d 341 (Ohio Ct. App. 2011) (construing R.C. 5321.15(C) to mandate attorney-fee awards)