Gibson v. Shephard

Citations

• 2017 Ohio 1157

Syllabus

Landlord-tenant dispute removal of property from storage locker negligence direct evidence circumstantial evidence preponderance of the evidence abuse of discretion damages R.C. 5321.04(A)(7) R.C. 5321.05(B) R.C. 5321.01(F) dwelling unit harmless error C.C.O. 375.06 leased premises. Trial court did not abuse its discretion in adopting magistrate's decision awarding tenant damages for appellants' unauthorized access of, and removal of her personal property from, a storage locker appellants provided for her use. Trial court did not err in concluding that tenant proved, by a preponderance of the evidence, that appellants removed tenant's belongings from the storage locker and that tenant proved her damages. Although trial court erred in determining that appellants violated R.C. 5321.04(A)(7), this error was harmless because tenant was not awarded any relief based upon a violation of R.C. 5321.04(A)(7). Storage locker was properly considered part of the leased premises for purposes of finding violation of C.C.O. 375.06.