545 N.E.2d 920 | Ohio Ct. App. | 1988
Lead Opinion
Loretta E. Dorsey appeals from an order of the trial court which granted judgment to the plaintiffs, Allstate Insurance Company ("Allstate"), Charles A. Riddiford and Erika Z. Riddiford. We reverse.
The facts giving rise to this cause are uncontroverted. The Riddifords owned certain residential property, located at 1688 Karg Drive, and rented it to Dorsey. In April 1985, a fire occurred on the premises, causing damage in the sum of $2,008.98. The Riddifords insured the property through Allstate.
The parties agree that the fire was caused by the negligence of Richard A. Dowdell, Dorsey's emancipated son. Richard was Dorsey's guest at the time of the incident and was not a party to the lease. The briefs indicate that Dowdell heated some grease to make french-fried potatoes and the grease ignited. Dorsey was asleep when the fire started. Allstate and the Riddifords brought this action against Dorsey without naming Richard as a defendant. Based upon these stipulated facts, the trial court determined that Dorsey was liable. This appeal followed.
In her sole assignment of error, Dorsey contends that the trial court erred in determining that she was liable as a matter of law for the negligence of her son. Under the facts sub judice, we agree.
R.C. Chapter 5321, the Ohio Landlord and Tenant Act of 1974, enumerates the legal obligations that a residential tenant owes to his or her landlord. Allstate and the Riddifords contend that Dorsey is liable under R.C.
"(A) A tenant who is a party to a rental agreement shall:
"* * *
"(6) Personally refrain, and forbid any other person who is on the premises with his permission, from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises[.]"
In order for Dorsey to be held liable under the statute for damages caused by the negligent acts of a third person, it must be shown that Dorsey was at least cognizant of the third person's presence, and of his intentions or actions. See Ohio Cas. Ins.Co. v. Wills (1985),
However, Allstate and the Riddifords also contend that Dorsey is liable pursuant to the terms of the lease agreement. Paragraph 8 of the "Standard Conditions" contained in the agreement provides:
"The Lessee(s) shall be liable and shall pay for damage to property, appliances, broken glass, plumbing, [and] sewer and drain stoppage caused by carelessness. The Lessee(s) shall not, however, be held for normal wear and tear consistence [sic] with careful use of the property."
R.C. Chapter 5321 generally governs the obligations and remedies of parties to rental agreements and leases of residential premises in Ohio. See Schroades v. Rental Homes,Inc. (1981),
Since Paragraph 8 of the rental agreement makes Dorsey liable for all damages caused by anyone's carelessness, that provision is inconsistent with R.C.
Judgment reversed.
QUILLIN, P.J., concurs.
GEORGE, J., concurs separately.
Concurrence Opinion
When statutory law is enacted in an area previously covered by the common law, the statutory law supersedes the common law, but only to the extent that its language specifically provides.State, ex rel. Morris, v. Sullivan (1909),
In the Landlord and Tenant Act, the legislature continued to protect the tenants' common-law rights to quiet enjoyment and exclusive possession. Statutory duties are imposed on the landlord under R.C.
While R.C.
R.C.
The common law is based on common sense. It makes no sense to give such immunity to tenants for damages caused to the leased premises during their tenancy. The legislature needs to address this subject further.