2014 Ohio 3830
Ohio Ct. App.2014Background
- JAL Development, Ltd. leased space to LivFitNutrition, LLC for a 15-month term beginning Oct. 1, 2011, lease to be taken ‘as is.’
- LivFit’s roof leaks and water intrusion began in Dec. 2011, continuing through Mar. 2012, despite JAL repairs.
- LivFit stopped paying February and March 2012 rent, claiming unresolved roof issues; JAL served a default notice and LivFit faced eviction proceedings.
- JAL repaired the roof; LivFit notified that repairs were successful in late March 2012 and again in early April 2012.
- LivFit vacated the premises in late April 2012 after eviction proceedings; JAL relet the space in Oct. 2012 and sought rent, utilities, and late fees for Apr–Sept 2012.
- Trial court found both parties breached the lease and awarded damages to JAL for post-vacancy rent, while LivFit’s constructive-eviction claim was rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LivFit was constructively evicted by landlord’s roof repairs | LivFit argues water intrusion caused constructive eviction and relieved it of rent | LivFit contends landlord’s failure to fix roof forced abandonment | Not constructively evicted; remained in possession; must pay rent after vacating until new tenant found |
| Whether JAL could recover rent for periods after LivFit vacated | JAL entitled to rent post-vacancy despite eviction | LivFit contends no rent due after vacating due to constructive eviction | Court upheld rent liability for April–September 2012 for post-vacancy period |
| Whether damages for breach of covenant of quiet enjoyment were available | Constructive eviction claim towers over damages | No constructive eviction; damages only for breach remain | Damages only; no constructive eviction; affirmed damages award; quiet-enjoyment breach not dispositive |
Key Cases Cited
- Liberal S. & L. Co. v. Frankel Realty Co., 137 Ohio St. 489, 30 N.E.2d 1012 (1940) (constructive eviction standard evolved from landlord interference)
- Burnside v. Ickes, 2003-Ohio-19 (5th Dist. Ashland No. 02-COA-015) (possession not surrendered; no constructive eviction if tenant remains)
- Sciascia v. Riverpark Apts., 3 Ohio App.3d 164, 444 N.E.2d 40 (1981) (clarifies when eviction occurs and remedies)
- Cincinnati Ins. Co. v. Evans, 2010-Ohio-2622 (6th Dist. Wood No. WD-09-012) (breach of covenant; damages as remedy absent eviction)