State v. Smith
2012 Ohio 4861
Ohio Ct. App.2012Background
- Defendant Gary W. Smith was convicted in Dayton Municipal Court of criminal trespass, a fourth-degree misdemeanor under R.C. 2911.21(A)(3).
- St. Mary Development manages Marvin Gardens; Grieshop, as asset manager, has authority to trespass individuals from the property to protect tenants' quiet enjoyment.
- On September 12, 2011, Smith fought Moore’s son at Moore’s Marvin Gardens apartment, causing damage and prompting police involvement.
- Grieshop informed Smith, in the presence of Officer Jezioro, that Smith was trespassed from Marvin Gardens and could be arrested for trespass if he returned.
- On November 14, 2011, Smith returned; Moore let him in briefly, Moore then called police, and Smith was arrested for trespass.
- At trial, Smith testified Grieshop did not trespass him and claimed Moore invited him, while the City argued that landlord actions are privileged to protect other tenants’ rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a landlord's agent may exclude a tenant's invitee despite the tenant's permission. | Grieshop's trespass protects all tenants' quiet enjoyment. | Moore's invitation should immunize Smith from trespass. | Landlord may restrict invitation to protect tenants' quiet enjoyment; defendant's conviction affirmed. |
| Whether the trial court properly applied privilege to grant trespass after prior disturbance. | Prior disturbance justifies preventing re-entry to protect tenant safety. | There was no valid trespass since Moore invited him and there was no ongoing threat. | Privilege supported trespass to safeguard tenants; conviction affirmed. |
Key Cases Cited
- State v. Clelland, 83 Ohio App.3d 474 (4th Dist. 1992) (privilege includes permission to enter by a resident)
- State v. Scott, 2004-Ohio-271 (2d Dist. Montgomery No. 19902) (landlord rights to control invitees over tenant invites)
- State v. Herder, 65 Ohio App.2d 70 (10th Dist. 1979) (trespass relates to possessory interest; tenant invitees not automatically privileged)
- Davis v. Holley Agency, Inc., 2010-Ohio-5278 (2d Dist. Montgomery No. 23891) (implied covenant of quiet enjoyment; landlord duties to tenants)
- City of Columbus v. Parks, 2011-Ohio-2164 (10th Dist. Franklin No. 10AP-574) (tenant rights and owner control in multi-unit premises)