2018 Ohio 5008
Ohio Ct. App.2018Background
- Ozdemir leased appellant Boldt’s rental property starting July 2015 and remained past the initial term; he notified Boldt in late January 2017 that he would vacate on March 5, 2017.
- Boldt did not object to that plan and regained possession on March 6, 2017; she attempted but failed to re-rent the unit for March.
- Boldt withheld Ozdemir’s $500 security deposit and demanded $895 for March rent plus $425 for damages; Ozdemir sued to recover the deposit.
- A magistrate initially awarded Ozdemir recovery of most of the deposit minus prorated rent and damages; after objections and a new hearing the magistrate again recommended judgment for Ozdemir for $30.65 plus costs.
- The trial court adopted the magistrate’s recommendation on December 27, 2017; Boldt appealed arguing Ozdemir’s notice and the prorated rent calculation violated the lease and R.C. 5321.17(B).
Issues
| Issue | Plaintiff's Argument (Boldt) | Defendant's Argument (Ozdemir) | Held |
|---|---|---|---|
| Whether a month-to-month tenant must give 30 days’ notice measured from the periodic rental date (making Ozdemir liable for full month of March) | Lease and R.C. 5321.17(B) require 30 days’ notice ending at the periodic rental date; notice that ends mid-period is insufficient | Ozdemir gave timely notice in late January to vacate March 5; Boldt acquiesced and could have re-rented earlier | Court held notice was timely under the lease and R.C. 5321.17(B); Ozdemir’s late-January notice was adequate |
| Proper measure of landlord’s damages for a tenant who holds over for part of a month | Boldt argued she was entitled to rent for the entire month of March despite only five days’ holdover | Ozdemir argued damages are limited to the actual holdover period; no bad faith or consequential damages shown | Court held damages limited to actual holdover period; awarding full month would be an unenforceable penalty under the law of liquidated damages |
Key Cases Cited
- Latina v. Woodpath Development Co., 57 Ohio St.3d 212, 567 N.E.2d 262 (1991) (construction and interpretation of contracts are questions of law)
- Village Station Assocs. v. Geauga Co., 84 Ohio App.3d 448, 616 N.E.2d 1201 (11th Dist. 1992) (holdover damages for month-to-month tenancy are generally limited to actual period of holding)
- Miller v. Blockberger, 111 Ohio St. 798, 146 N.E. 206 (1924) (liquidated damages must relate to actual damages)