Ohio Specialized Invests., Ltd. v. Campbell, 2017 Ohio 1244

Appellant Ohio Specialized Investments owned a house found in January 2015 to have unacceptable lead levels; the Canton/Stark County Health Department ordered abatement and posted lead-hazard warning signs and an order to vacate after no proper abatement or Certificate of Examination was submitted.
Despite the health-department order and placards, appellant rented the house to appellee Briona Campbell on March 25, 2016; appellee paid $550 (security), $300 (utilities deposit), and $70 prorated March rent and moved belongings in.
Appellee learned of the lead problem while unpacking, confirmed the home had been declared uninhabitable, moved her children out immediately, and did not pay the April rent.
Appellant posted a three-day notice to vacate and later filed forcible entry and detainer to evict and recover unpaid rent and damages; appellee counterclaimed for breach of the warranty of habitability (R.C. 5321.04), retaliatory eviction, emotional distress, and failure to return belongings.
The trial court found appellant violated R.C. 5321.04(A)(1) by leasing an uninhabitable, lead-contaminated property in violation of health-department orders, dismissed appellant’s complaint, awarded appellee $920 (the amounts she had paid), and ordered return of her belongings; the denial of a new trial was upheld and this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a violation of R.C. 5321.04(A)(1) based on health-department lead orders supports awarding damages to tenant	The violation was merely technical and should not justify damages	The landlord knowingly rented an uninhabitable unit in breach of duty; tenant entitled to return of payments	Court held the violation was substantive, not technical, and affirmed award of $920 to tenant

Sikora v. Wenzel, 88 Ohio St.3d 493 (Ohio 2000) (landlord's violation of R.C. 5321.04(A)(1) or (A)(2) constitutes negligence per se)