Quinlan v. Lienesch
2013 Ohio 2288
Ohio Ct. App.2013Background
- Lienesch and Motz signed an April 2011 “Agreement to Lease” and moved in; they later moved out in November 2011 after notifying Quinlan they wanted to terminate early.
- Quinlan, living in New Orleans, traveled to Cincinnati to relett the unit, applied the $1100 security deposit to December rent, and secured new tenants by January 2012.
- Quinlan sued for breach of lease in small claims; sought two weeks’ lost rent, a cleaning fee, travel expenses, and attorney fees.
- Lienesch and Motz counterclaimed for the return of their $1100 security deposit and a $150 pet fee, arguing the agreement did not create an 11-month lease but a month-to-month tenancy.
- A magistrate ruled that the parties intended and formed an 11-month lease from April 2011 to April 2012, and awarded Quinlan certain damages; the trial court adopted the magistrate’s decision.
- The appellate court ultimately remanded for reconsideration on attorney fees and travel expenses, and sustained the lease reform while reversing those damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly reformed the lease to an 11-month term. | Quinlan argues the parties intended an 11-month lease despite the written language. | Lienesch and Motz contend there was only a promise to lease, not an 11-month term. | Reformation affirmed; court found an 11-month lease proper. |
| Whether the trial court correctly awarded attorney fees and travel expenses. | Quinlan relies on the lease provision allowing fees and travel costs. | R.C. 5321.13(C) bars fee-shifting in residential leases; travel costs not recoverable as damages. | Awards of $500 attorney fees and $400 travel expenses reversed. |
Key Cases Cited
- Delfino v. Paul Davies Chevrolet, Inc., 2 Ohio St.2d 282 (Ohio 1965) (reformation appropriate to reflect the parties’ true intent)
- Greenfield v. Aetna Cas. & Sur. Co., 75 Ohio App.2d 122, 61 N.E.2d 226 (12th Dist.1944) (reformation to express true understanding of the parties)
- In re Estate of Knowlton, 2006-Ohio-4905 (1st Dist. 2006) (review of magistrate objections for abuse of discretion)