Crenshaw v. Rowland, 965 N.E.2d 341

Shirley Crenshaw owns rental at 1458 Fernwood, Toledo; Monique and Eddie Rowland are tenants/defendants.
Crenshaw filed forcible-entry-and-detainer on July 9, 2009 for unpaid rent and damages.
Defendants answered with defenses and five counterclaims alleging uninhabitable premises, wrongful water shutoff, unlawful entries, and quiet enjoyment violations.
Trial court found Crenshaw had breached by terminating water service; awarded Rowland damages of $800; offset yielded $426.72 to Crenshaw.
Defendants moved for attorney fees under R.C. 5321.15(C); trial court denied fees, citing discretionary denial.
Appellate court reversed, holding mandatory award of reasonable attorney fees when landlord violates R.C. 5321.15(A) or (B); remanded for fee determination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in denying attorney fees under R.C. 5321.15(C).	Rowland argues fees are mandatory when landlord violates 5321.15(A).	Crenshaw argues discretion governs fee awards in these cases.	Reversed; fee award mandatory; remanded for reasonable fees.

Drake v. Menczer, 67 Ohio App.2d 122 (1980) (fee question treated as trial-court discretion but not applicable here)
Lewis v. Romans, 70 Ohio App.2d 7 (1980) (policy of awarding attorney fees to tenants under 5321.15(C))
Thomas v. Papadelis, 16 Ohio App.3d 359 (1984) (landlord violation of 5321.15(A) triggers liability for damages and fees)
Smith v. Padgett, 32 Ohio St.3d 344 (1987) (mandatory damages and attorney fees in 5321.16; fee relation to claimed damages)