Greater Dayton Premier Mgt. v. Pickens
2017 Ohio 477
| Ohio Ct. App. | 2017Background
- GDPM sued tenant William Pickens in Dayton Municipal Court (forcible entry and detainer) for unpaid rent covering May–October 2015; monthly rent was $231, total claimed $1,386.00.
- Magistrate held a hearing on December 4, 2015; Pickens admitted being behind in rent and testified he attempted to pay money orders which GDPM refused to accept and that there was an oral agreement excluding one month.
- Magistrate found Pickens had not placed disputed rent into the court escrow and granted GDPM restitution of the premises; Pickens filed objections the same day.
- The trial court reviewed and, on August 23, 2016, adopted the magistrate’s decision in full, overruling Pickens’ objections and ordering eviction.
- Pickens appealed pro se, arguing judicial misconduct because the court considered GDPM’s contradictory statements but not his factual assertions; he also claimed GDPM refused payments, an oral agreement excusing one month, and unrelated damages of ~$39,000.
- The appellate court affirmed, holding the record supports the trial court’s adoption: Pickens admitted he did not escrow disputed payments and provided no evidence of accepted money orders or entitlement to the separate damages claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly adopted magistrate’s eviction for unpaid rent | GDPM: Pickens failed to pay rent May–Oct 2015; no escrowed payments; eviction proper | Pickens: He tendered money orders but GDPM refused; some rent excluded by oral agreement; therefore eviction improper | Affirmed: Court adopted magistrate; record shows Pickens admitted not placing payments in escrow and provided no evidence of accepted payments or binding oral exclusion |
| Whether magistrate displayed judicial misconduct by crediting GDPM over Pickens | GDPM: testimony and records support claim; magistrate properly credited evidence | Pickens: Court ignored his factual statements and contradictory GDPM statements; claimed bias/misconduct | Denied: Appellate court deferred to trial court’s credibility findings and found no basis to overturn magistrate adoption |
| Whether oral agreement or prior dismissed grievance excused rent | GDPM: no enforceable waiver shown; earlier grievance/dismissal irrelevant to May–Oct arrears | Pickens: Oral agreement excluded April rent; payments disputed tied to different dismissed case | Denied: No competent evidence of a binding oral waiver affecting the period at issue; prior escrow related to a different, dismissed case and irrelevant |
| Whether Pickens entitled to offset for alleged $39,000 damages | GDPM: no record evidence linking landlord to those damages or offset | Pickens: Claims he is owed ~$39,000 from accident GDPM caused and should offset rent | Denied: No evidentiary support in record; unrelated claim does not defeat eviction for unpaid rent |
Key Cases Cited
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (trial court is best positioned to assess witness credibility)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (trial court’s credibility findings entitled to deference)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (appellate court will not reverse where some competent, credible evidence supports judgment)
- Pons v. Ohio State Medical Board, 66 Ohio St.3d 619 (Ohio 1993) (appellate court may not substitute its judgment for the trier of fact on credibility)