RLM Properties, Ltd. v. Brammer
2014 Ohio 3509
Ohio Ct. App.2014Background
- Brammer signed a lease with RLM Properties in May 2011 to rent 214 Freeman Ave., Urbana, for $780/month starting June 1, 2011.
- RLM sued Brammer for forcible entry and detainer and damages for unpaid rent, late fees, and other expenses after Brammer failed to respond to the complaint.
- A damages hearing was held after Brammer was ordered to move out; Brammer did not attend.
- The trial court granted a default judgment totaling $2,578.05, with credits for payments and a security deposit, and it awarded some but not all requested damages.
- RLM appealed challenging the rent calculation, late fees, and certain three-day notice fees, arguing the damages were miscalculated and underweight; the court remanded for recalculation of damages.
- The appellate court held that the credit was miscalculated and that several fee awards were unsupported or inadequately explained, reversing and remanding for recalculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the damages award was against the manifest weight of the evidence | RLM contends damages were proven and should be $5,632.93 | Brammer did not respond and thus defenses waived, but damages should still align with evidence | Yes; remanded to recalculate damages consistent with the opinion |
| Whether the rent calculation and credits were correct | Total rent owed was $16,681.92 with credits of $14,590 | Crediting Brammer with $13,810 is correct under record | Partially; remand for proper credit calculation to reflect Brammer’s actual payments and security deposit application |
| Whether late fees and three-day notice fees were properly awarded | All assessed fees were valid under the lease and decree | Some fees were improperly charged or not supported by evidence | Partially; remand to determine which fees were properly assessed per the lease terms |
| Whether to award additional damages for items such as toilet seats | Damages for water, blinds, smoke alarm, and cleaning/trash were warranted | Partially; three-day notice and certain late-fee awards reversed and damages recalculated |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012-Ohio-2179) (weight-of-evidence standard in civil cases; review on appeal)
- Am. Commc'ns of Ohio, Inc. v. Hussein, 2011-Ohio-6766 (2011-Ohio-6766) (appellate capacity to review damages in default judgments)
- UAP-Columbus JV326132 v. O. Valeria Stores, Inc., 2008-Ohio-588 (10th Dist. Franklin No. 07AP-614) (affirmative defenses waived if not raised in responsive pleading)
- Arrow Uniform Rental, Inc. v. Nix, 2002-Ohio-5855 (8th Dist. Cuyahoga No. 81144) (liquidated vs penalty damages; relevance to default judgment damages)
- Jim’s Steak House, Inc. v. Cleveland, 81 Ohio St.3d 18 (1998) (waiver of defenses in default judgments; Civ.R. 8(C) considerations)