Dabe v. M.K. Hufford Co., Inc.

Citations

• 2022 Ohio 2802

Syllabus

The trial court did not err in granting summary judgment to appellee- landlord. Appellant-tenant fell on a sidewalk on the premises that had a difference in pavement height of two inches or less. R.C. 5321.04(A)(2) did not apply because the defect did not render the premises unfit and uninhabitable as that term has been interpreted. Furthermore, because the defect was insubstantial under the \two-inch rule\ and there were no attendant circumstances, the landlord did not violate the requirement in R.C. 5321.04(A)(3) to keep common areas safe and sanitary. Judgment affirmed.