129 Ohio App. 3d 379 | Ohio Ct. App. | 1998
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *381
Pamela Hines appeals the Athens County Municipal Court's judgment in her favor in the amount of $1,213.39. Hines asserts that the trial court erred when it failed to hold Brent Riley and Eric Straight responsible for the entire amount due under their lease agreement with Hines, and instead held them liable for only half the amount due. We agree, because the trial court saddled Hines with the burden of proving that she attempted to mitigate her damages, though the burden of proof for affirmative defenses lies with the party asserting the defense. Hines also asserts that she is entitled to recover her reasonable attorneys fees pursuant to R.C.
After repeated attempts to reach Riley and Straight by phone regarding their late rent payments for the third quarter, Hines sent each a certified letter demanding payment. Hines went to the apartment on February 3, 1997, and found it abandoned. By that time, the university's winter quarter was underway and most prospective tenants had secured housing. Hines took photographs that documented that some furniture was broken and that the apartment required cleaning before she could rent it. Straight admitted that he did not sweep the floor before he left and that he abandoned a chair, some laundry, and a pair of ski boots. Both Riley and Straight denied that the furniture was more damaged when they left than when they took possession of the apartment. Hines also *382 learned that Riley and Straight had abandoned the apartment without paying their gas bill, upon which they owed $84.99.
Hines saved the receipts from advertisements she ran in the Ohio University Post on March 30, 1997, and April 1, 1997, to document her attempts to rent the apartment for the university's spring quarter. Hines testified at trial that she also ran advertisements in the Athens News, but she did not have receipts documenting the dates or costs of those advertisements. Hines received calls in response to the advertisements and showed the apartment several times, but did not find a new tenant. Thus, the apartment remained vacant for the entire remainder of Riley and Straight's lease.
Hines filed a complaint seeking $1,500 for winter quarter rent, $1,500 for spring quarter rent, $100 for repairing the broken furniture and cleaning, $84.99 for the unpaid gas bill, $28.40 for the March advertisement in the Ohio University Post, $46.50 for the April advertisement in the Ohio University Post, and $400 for attorney fees. Hines stipulated that Riley and Straight's security deposits, totaling $500, offset her claim.
At trial, Riley and Straight stipulated that they had breached the lease, but argued that Hines did not make any efforts to mitigate the damages by leasing the apartment to a new tenant. Riley and Straight testified that they were not aware of the newspaper advertisements Hines had run, and presented no evidence to support their contention that Hines had failed to attempt to rent the apartment. Riley and Straight did present evidence that during the first and second quarters, Hines frequently showed their apartment to prospective tenants for the following school year.
The trial court held Riley and Straight jointly and severally liable to Hines for the third quarter rent, repairs, cleaning and garbage removal, the unpaid gas bill, and the cost of the March newspaper advertisement. Though the record contains no evidence regarding when the university spring quarter began, the trial court noted that spring quarter generally begins around the end of March. Therefore, the trial court found that Hines should have started advertising the apartment in February in order to rent it for the spring quarter. The trial court held that Hines had not made a reasonable effort to rent the apartment for spring quarter, and declined to award Hines the fourth quarter rent and the cost of the April newspaper advertisement.
The trial court further held that the amount of attorney fees Hines requested seemed "fairly reasonable." However, the trial court determined that Hines was not entitled to recover attorney fees under Ohio law. Therefore, the trial court declined to award the attorney fees that Hines requested.
*383Hines appeals, asserting the following assignments of error:
"I. The trial court erred in failing to award a judgment for the balance. of the lease.
"II. The trial court erred in failing to award attorney fees which it found to be reasonable."
In Ohio, when a tenant vacates rental premises prior to the expiration of the lease term, the landlord has a duty to secure a new tenant in order to mitigate damages. Briggs v. MacSwain
(1986),
A landlord must make reasonable efforts to mitigate damages sustained by the tenant's breach of the lease. Master Lease ofOhio v. Andrews (1984),
In this case, Riley and Straight had the burden of proving that Hines failed to mitigate damages. They presented evidence that many people expressed an interest in the apartment for the following school year, but no evidence regarding the demand for apartments in the middle of the school year. Nor did Riley or Straight present evidence regarding when spring quarter began in relation to when Hines ran or should have run the newspaper advertisements.
Hines testified that she ran at least one advertisement on an unknown date, and we must presume that she ran that advertisement a reasonable period of time before the start of spring quarter. Hines's testimony that she showed the apartment to several people who responded to the advertisement constitutes *384 evidence that some prospective tenants were looking for housing at the time she advertised.
We find that the trial court erred as a matter of law by placing the burden upon Hines. See Jones,
Accordingly, we sustain Hines's first assignment of error.
R.C.
Hines alleged in her complaint that Riley and Straight did not clean the apartment prior to abandoning it and that she spent $100 on cleaning and fixing broken furniture. Riley and Straight admitted at the outset that they failed to sweep and that they left some clothing and a chair at the apartment, but testified that they left the apartment in a safe and sanitary condition. Additionally, Riley and Straight claim that they left Hines's furniture in the same condition it was in when they received it. They did not seek to recover their $500 security deposit.
The trial court found Riley and Straight liable to Hines for the $100 she spent to clean the apartment and repair the broken furniture. The trial court did not find that Riley and Straight failed to maintain the property in a safe and sanitary condition. However, the court did comment that the items Straight abandoned had little value and were basically rubbish. Thus, the trial court arguably found that Riley and Straight violated their statutory obligation under R.C.
Nonetheless, we find that the trial court did not err by refusing to award attorney fees to Hines. R.C.
Accordingly, we overrule Hines's second assignment of error.
Accordingly, we reverse in part and affirm in part the judgment of the trial court, and remand this cause to the trial court to modify the judgment in accordance with this opinion.
Judgment affirmed in part and reversed in part, and causeremanded.
*386PETER B. ABELE and HARSHA, JJ., concur in judgment only.