433 N.E.2d 622 | Ohio Ct. App. | 1980
This is an appeal by plaintiff-appellant, JoAnne Lewis (plaintiff), from a judgment rendered by the Shaker Heights Municipal Court in an action against defendant-appellee, Ann Romans (defendant), for violations of the Landlords and Tenants Act, R. C.
Plaintiff filed a timely appeal and assigns one error:
"Where the appellee-landlord has violated O.R.C. §
"A landlord who violates this section is liable in a civil action *9 for all damages caused to a tenant, or to a tenant whose right to possession has terminated, together with reasonable attorneys fees."
The Landlords and Tenants Act enunciates a clear policy of awarding attorneys' fees to a tenant who must seek legal redress in the courts because of acts committed by a landlord in violation of the Act. No exceptions are made by the language of R. C.
If it be asserted that allowing the recovery of attorneys' fees in such a situation would amount to a windfall in favor of the plaintiff, this argument is easily met and overcome. By virtue of a municipal court's having "* * * such other powers as are necessary to give effect to the jurisdiction of the court and to enforce its judgments, orders, or decrees" (R. C.
However, the trial in this case took place before this court's decision in Drake v. Menczer (1980),
The cause is remanded to the trial court to determine plaintiff's entitlement to such fees and the reasonable value of the services rendered. Any award of attorneys' fees is to be paid directly to the Legal Aid Society.
Judgment reversed in part; affirmed in part; and remanded to the Shaker Heights Municipal Court for further proceedings in accordance with this opinion.
Judgment reversed in part;affirmed in part; andthe cause remanded forfurther proceedings.
KRENZLER, C. J., and PATTON, J., concur.
"No landlord of residential premises shall initiate any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a tenant, or a tenant whose right to possession has terminated, for the purpose of recovering possession of residential premises, other than as provided in Chapters 1923, 5303, and 5321 of the Revised Code." *11