Nieto v. Marcellino
2018 Ohio 4952
Ohio Ct. App.2018Background
- Jesse and Shabranique Nieto (tenants) vacated a month-to-month rental and sought return of an $800 security deposit after Bianca Marcellino (landlord) failed to return it within 30 days.
- Tenants sued in Chardon Municipal Court small claims for $1,600 (statutory double damages under R.C. 5321.16(C)).
- A magistrate found Marcellino did not provide an itemized deduction list and awarded double damages ($1,600) plus costs; the magistrate’s decision contained an inconsistent vacate date (June 18 vs. July 18).
- Marcellino objected to the magistrate’s decision but did not file a transcript of the magistrate’s hearing with her objections as required by Civ.R. 53(D)(3)(b)(iii).
- The trial court overruled objections and adopted the magistrate’s decision; on appeal the appellate court reversed and remanded, holding the trial court erred as a matter of law by awarding double damages without a finding about which deductions, if any, were properly withheld.
Issues
| Issue | Plaintiff's Argument (Nieto) | Defendant's Argument (Marcellino) | Held |
|---|---|---|---|
| Whether tenant is entitled to double damages for landlord's failure to provide an itemized list within 30 days | Landlord failed to comply with R.C. 5321.16(B); tenants are entitled to double the wrongfully withheld amount | Marcellino argued she provided written notice/texts/handwritten deduction list and thus statutory damages were not warranted | Court held tenants may recover double damages only as to the amount wrongfully withheld; remanded because magistrate did not determine which deductions (if any) were properly withheld |
| Whether magistrate/trial court could rely on factual objections without a transcript | Nietos relied on magistrate fact findings and exhibits presented at hearing | Marcellino argued factual findings were incorrect and magistrate ignored her supporting documents; she did not file a transcript with her objections | Court held failure to file a transcript waives challenges to factual findings; trial court properly adopted magistrate’s factual findings, but legal error remained because court failed to determine allowable deductions |
Key Cases Cited
- Vardeman v. Llewellyn, 17 Ohio St.3d 24 (explaining that double damages apply only to the amount wrongfully withheld)
- Klemas v. Flynn, 66 Ohio St.3d 249 (describing double damages under R.C. 5321.16 as compensatory/analogous to liquidated damages and as incentive for compliance)
- State ex rel. Duncan v. Chippewa Twp. Trustees, 73 Ohio St.3d 728 (trial court must accept magistrate’s factual findings when objector fails to supply transcript)
- Wade v. Wade, 113 Ohio App.3d 414 (objecting party’s failure to provide relevant transcript precludes trial court from addressing factual objections)