DiFiore v. Hirter

Citations

• 2025 Ohio 103

Syllabus

Small claims; landlord; tenant; utility bill; security deposit; deduction; affirmative defense; offset; damages; civil rules; R.C. Ch. 1925; R.C. 1925.16; Civ.R. 1(C)(4); R.C. 5321.16(B). The lower court did not err in determining the defendant-tenant was entitled to an offset against the damages awarded to the plaintiff-landlord for an unpaid utility bill from an amount that was improperly withheld from a security deposit. R.C. Ch. 1925 does not contemplate the filing of an answer, and an offset defense could be asserted at trial. The amount owed for the utility bill should have been applied as a deduction from the security deposit in accordance with R.C. 5321.16(B).