Rosalind Holmes v. Cobblestone Grove, 2017 Ohio 55

Holmes (tenant) discovered a major water leak in her apartment on Aug 4–5, 2015; Cobblestone (landlord) was notified and had the leak repaired the same night and arranged water extraction, mold/mildew testing, and plumbing repairs over the following days.
Additional remediation (dehumidifiers, fans, two wall holes, a second contractor for mold concerns) occurred mid-August; Cobblestone told Holmes fans would run Aug 14–17 and would pay any extra electric charges.
Holmes complained the unit was uninhabitable (mold, drywall debris, inability to cook, fans/dehumidifiers running, furniture shoved into living room), gave 30-day notice through counsel on Aug 21, and surrendered keys Sept 30; Cobblestone re‑let the unit Oct 31.
Holmes filed a small‑claims suit seeking damages; at the hearing Cobblestone sought to file an amended counterclaim the same day (Holmes objected; magistrate allowed it after offering a continuance Holmes refused).
Magistrate awarded Cobblestone $659 (including October rent and offset by $141.36 for extra electric); municipal court overruled Holmes’ objections.
On appeal, the appellate court (12th Dist.) affirmed the court’s allowance of the untimely counterclaim but reversed on the habitability/constructive eviction issue and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused discretion by allowing an untimely counterclaim	Holmes: counterclaim filed in violation of R.C.1925.02(C) and Civ.R.13(F)/7(B)(1); should be barred	Cobblestone: sought leave orally before hearing; magistrate offered continuance and permitted the counterclaim	Court: No abuse of discretion; magistrate properly exercised discretion and Holmes refused offered continuance
Whether apartment was uninhabitable such that Holmes could terminate lease (constructive eviction)	Holmes: ongoing mold, drywall debris, machinery, inability to cook/relax made unit uninhabitable by mid‑Aug and justified lease termination and damages	Cobblestone: repaired leak promptly, hired contractors, provided remediation; unit was habitable by Aug 12–14; offered alternate unit	Court: Trial court’s finding that unit was habitable by Aug 14 (and that Cobblestone met R.C. 5321.04/5321.07) was against the manifest weight of the evidence; appellate court reversed and remanded

Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (standard for sufficiency review)
Eastley v. Volkman, 132 Ohio St.3d 328 (standard for manifest‑weight review)
Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (presumption in favor of regularity when record is incomplete on appeal)
Miller v. Ritchie, 45 Ohio St.3d 222 (landlord duties and tenant remedies under R.C. Chapter 5321)