Christen v. Continental Ents., Ltd.

Citations

• 154 N.E.3d 1192
• 2020 Ohio 3665

Syllabus

Landlords tenant R.C. 5321.05 R.C. 5321.16 security deposit attorney fees abuse of discretion. Defendants-appellants were landlords to plaintiff-appellee. Landlords appealed from the trial court order awarding statutory attorney fees to tenant in tenant's action to recover his security deposit wrongly withheld. After a bench trial, the court ruled in favor of tenant and a separate hearing was held for reasonable attorney fees under R.C. 5321.16(C). The trial court's award was upheld. Tenant submitted expert testimony that the fees were reasonable even though they far exceeded the amount of the security deposit where landlords' problematic conduct in discovery contributed to tenant's legal fees. Tenant was also permitted to recover fees expended in connection with all the claims and counterclaims because the claims were indivisible from tenant's claim to recover his security deposit. The trial court also did not err in ordering landlord to pay the fee award to tenant's counsel rather than directly to tenant.