2021 Ohio 544
Ohio Ct. App.2021Background
- Tenant Charles Feltner lived at Springboro Commons, a federally subsidized senior residence, on a month-to-month tenancy beginning July 2018.
- Springboro Commons served a 30-day termination notice in July 2019 stating tenancy would end August 31, 2019 for alleged violations of health, safety, or peaceful enjoyment.
- Feltner filed discrimination complaints with the Ohio Civil Rights Commission and HUD; while the matter was investigated, Springboro Commons accepted Feltner's rent for August, September, and October 2019 (after the stated August 31 termination date).
- After the commission found no discrimination, Springboro Commons issued a three-day notice to vacate in December 2019 and stopped accepting rent; it then filed an eviction (forcible entry and detainer) action.
- The court set an April 15, 2020 dispositive-motion deadline. Feltner timely moved for summary judgment arguing Springboro waived termination by accepting rent after the termination date; Springboro moved for leave to file its own summary-judgment motion late.
- The trial court granted Feltner’s motion and denied Springboro’s motion for leave; the court of appeals affirmed, holding acceptance of rent after the termination date waived the termination notice and invalidated the holdover notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether landlord’s 30-day termination was effective despite accepting later rent | Springboro: termination valid; accepting rent does not always waive termination | Feltner: acceptance of rent after the termination date waived the termination notice | Court: Accepting rent for periods after stated termination date waived landlord's right to terminate; tenant entitled to judgment as a matter of law |
| Whether trial court erred in denying Springboro’s late motion for summary judgment | Springboro: entitled to judgment in its favor | Feltner: moot after tenant's prevailing SJ | Court: Moot — appellate court affirmed tenant's judgment; denial of Springboro's motion does not change outcome |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (explaining the moving party’s burden and the nonmoving party’s response requirements on summary judgment)