Harder Invests., L.L.C. v. Perin-Tyler Family Found., L.L.C.

Citations

• 2025 Ohio 4706

Syllabus

Trial court did not err in allowing landlord to charge both a 10% supervisory fee and separate property management fee under a commercial lease's common area maintenance (\CAM\) provisions where fees compensated different economic costs and management fees reflected reasonable market rate for substantial in-house services. Trial court did not err in granting summary judgment to landlord on CAM charges where lease requiring submission of \actual CAM charges\ did not create implicit obligation to provide supporting documentation and interpretation presented pure question of law. Trial court erred in dividing commercial property into developed and undeveloped portions for real estate tax calculations where lease unambiguously defined the property as the entire parcel and contained no provision authorizing division for real estate taxes. Trial court did not err in declining to enforce lease's penalty and interest provisions where claimed penalties were 85 times the actual underpayment, both parties breached the lease, and payment disputes stemmed from landlord's errors in CAM calculations.