Drake Townhomes, L.L.C. v. Woodberry

Citations

• 2017 Ohio 6968

Syllabus

LANDLORD-TENANT: The plaintiff landlord's notice of a change in the terms of a month-to-month tenancy-an increase in rent-was not a 30-day notice of termination or nonrenewal of the lease, as contemplated by R.C. 5321.17(B) of Ohio's Landlord-Tenant Act. The defendant tenant's nonpayment of rent did not obviate her duty to provide 30-days' notice to end the month-to-month tenancy, even though R.C. 5321.17(D) would allow the landlord to proceed with an eviction without providing the statutorily required 30-day notice of termination when the tenant had breached a condition of the lease by the nonpayment of rent. Late-fee provisions in leases allowing stipulated damages are not per se unenforceable penalties, but are subject to review under the test for valid liquidated-damages clauses set forth in Sampson Sales, Inc. v. Honeywell, Inc., 12 Ohio St.3d 27, 465 N.E.2d 392 (1984). It would be unconscionable, as contemplated by R.C. 5321.14(A), to enforce a late-fee provision for the month after the tenant had vacated the property where the landlord had indicated it would not accept rents, the tenant moved out on the agreed-upon date based on her belief that she would not owe additional rent or late fees, the landlord occupied the property for part of the month, and the landlord did not incur the utility fees for the month that were charged as rent.