N. Face Properties, Inc. v. Lin
2013 Ohio 2281
Ohio Ct. App.2013Background
- North Face sued Dong Lin for forcible entry and detainer after Lin failed to vacate following a three-day eviction notice.
- Lease required Lin to comply with property rules including grease disposal, trash removal, and kitchen exhaust maintenance.
- After complaints from neighboring businesses, North Face issued a 30-day notice to cure breaches, which Lin partially cured and paid a past-due amount.
- North Face served a three-day notice of eviction; Lin paid rent for several months, which North Face then cashed.
- North Face and Lin proceeded to a magistrate hearing; the magistrate favored North Face, but Lin challenged evidence about rent payments.
- The trial court dismissed the FED action for lack of jurisdiction, holding that North Face had waived the three-day notice by cashing Lin’s future-rent checks.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did North Face waive the three-day notice by cashing Lin's checks? | North Face contends it did not waive the notice. | Lin argues cashing future rent after the notice constitutes waiver. | Yes, the three-day notice was waived. |
Key Cases Cited
- Graham v. Pavarini, 9 Ohio App.3d 89 (8th Dist.1983) (rent acceptance after notice can waive eviction rights)
- King v. Dolton, 2003-Ohio-2423 (9th Dist.) (acceptance of future rent can waive notice)
- Juergens v. Strileckyj, 2010-Ohio-5159 (2d Dist.) (landlord holding checks does not constitute acceptance unless cashed)
- Associated Estates Corp. v. Bartell, 24 Ohio App.3d 6 (8th Dist.1985) (cashing a check can constitute acceptance affecting notice)
- Moran v. Gaskella, 2012-Ohio-1158 (5th Dist.) (waiver cured by second three-day notice in some contexts)
- Dennis v. Morgan, 89 Ohio St.3d 417 (Supreme Court) (chapter 1923 allows separate damages after eviction; not limited to eviction)