Landlord refuses to accept certified mail and gets burned

[ohiolandlord]

see attached pdf

In this case before the Franklin County Municipal Court, the matter started out as an eviction filed by the landlord against a month to month tenant. Though the tenant had sent in his rent for August 2006 by certified mail, return receipt requested, the landlord had refused to claim it, and the letter containing the check for August rent was returned to the tenant unopened.

The landlord filed an eviction action, asserting failure to pay the rent for August 2006 as the cause, and a second claim for relief for money damages. The tenant showed up at the eviction hearing and returned possession to the landlord, taking the position that the landlord’s filing of the eviction action while the tenant was not in breach of the lease agreement was a breach of the lease agreement by the landlord and thus ending the obligation to pay on the lease.

The cause of action for possession was dismissed by the Court as moot (the tenant having moved out and given up possession, the court will not award possession to a landlord who already has it) and all that was left of the case was the landlord’s claim against the tenant for unpaid rent and damages.

The tenant filed an Answer and Counterclaim against the landlord asserting claims for relief for breach of contract and for wrongful withholding of the security deposit in violation of Ohio Revised Code Section 5321.16. The decision will describe the fun from there….

[Linda P]

WOW!
Why didn't the LL just give the tenant 30 day notice if he wanted him out?


"Plaintiff supplied a refrigerator along with the demised premises. The refrigerator stopped working during June of 2006 and Defendant notified Plaintiff shortly thereafter of this failure. During the balance of the tenancy, Plaintiff took no steps to repair the refrigerator, as he is required to do under R.C. 5321.04(A). The court finds that the value of the refrigerator is $15.00 per month for a total of $30.00. The court further finds that, due to Plaintiff's violation of R.C. 5321.04(A), Defendant suffered damages in the amount of $380.00 for additional meal expenses and $120.00 for ice to maintain perishable items in a cooler.
Plaintiff has admitted that Defendant gave a security deposit in the amount of $535.00, that Defendant gave Plaintiff notice of his forwarding address at the termination of the tenancy and that Plaintiff has not returned the security deposit to Defendant, despite the fact that Defendant did no damage to the rented premises beyond normal wear and tear during his tenancy.
In this respect, Plaintiff is in violation of R.C. 5321.16 and Defendant is entitled to recover the money due him, $535.00, together with damages in amount equal to the amount wrongfully withheld, $535.00, and reasonable attorney's fees in the amount of $1,725.00.

Total judgment $3,325.00 plus costs and interest from the date of judgment at the rate of 8%. "