Tillimon v. Richardson-Long
2017 Ohio 140
| Ohio Ct. App. | 2017Background
- Landlord Tillimon leased 14 Van Buren Ave. to Richardson-Long and Long; lease renewed Aug 31, 2015; tenants moved out Oct 2015.
- Tillimon sued for unpaid October 2015 rent, unpaid water/sewer charges, cleaning, and repairs; bench trial resulted in a partial award and application of the $650 security deposit.
- Trial court awarded $750 rent, $261.42 unpaid water, $91.16 cleaning, $95 garage damage; credited $650 deposit and $300 payment, leaving $247.58 in favor of Tillimon.
- Tillimon moved for new trial and relief from judgment; denied. He appealed, raising six assignments of error challenging denied damages, evidentiary sufficiency, refusal to allow expert testimony, and denial of new trial.
- On appeal the Sixth District: affirmed some findings, reversed others, and modified the judgment to add $440.31, for a total judgment of $687.89 plus costs.
Issues
| Issue | Plaintiff's Argument (Tillimon) | Defendant's Argument (Richardson-Long) | Held |
|---|---|---|---|
| Whether receipts/emails without the property address proved repairs/materials were for the leased premises | Receipts and his testimony tie purchases/repairs to 14 Van Buren; address on receipts not required when testimony and documents corroborate | Receipts lacking the address do not establish they relate to the subject property | Court: For some small-item receipts, testimony was sufficient; trial court erred in denying $154.15 where no contradictory evidence existed |
| Whether lawn mowing and tree trimming charges were proven | Testified he paid for lawn mowing ($20) and for tree trimming (hired by Tillimon for $91.16 after tenants failed to perform) and submitted email/invoices | Trial court found an email was not an invoice and evidence did not prove work was done | Court: Evidence and testimony sufficient; awarded $111.16 for lawn and tree trimming |
| Whether cleaning and hauling trash are beyond normal wear and whether landlord labor is compensable | Claimed hauling two truckloads of garbage and other cleanup; lease permits landlord labor at $25/hr plus materials | Trial court considered some cleaning/repairs normal wear and denied charges; found mirror preexisting | Court: Trash removal (two truckloads) is beyond normal wear; awarded $175 for landlord labor; mirror claim denied as contested |
| Whether landlord could recover $1,000 for waterline repairs and whether trial court erred in limiting his testimony and crediting tenants $300 without a counterclaim | Argues tenants caused frozen/burst pipes by leaving crawlspace vents open and landlord’s $1,000 invoice should be reimbursed; sought to explain technical cause | Tenants presented testimony and a $300 receipt for repairs and urged that insulation/heating tape, not landlord action, was required; they testified about having to fix and pay | Court: Landlord obligated to maintain premises; trial court permissibly credited tenants’ $300 repair and denied landlord’s $1,000 claim; excluding extended expert testimony was not reversible error |
Key Cases Cited
- Eastley v. Volkman, 972 N.E.2d 517 (Ohio 2012) (sets manifest-weight-of-the-evidence standard for bench trials)
- Seasons Coal Co., Inc. v. Cleveland, 461 N.E.2d 1273 (Ohio 1984) (presumption in favor of the fact-finder)
- Chaney v. Breton Builder Co., 720 N.E.2d 941 (Ohio App. 1998) (landlord may not deduct carpet cleaning without itemization/support beyond normal wear)
- Davis v. Hawley Gen. Contr., Inc., 42 N.E.3d 276 (Ohio App. 2015) (bench trial fact-finding principles)