· 8/5/2022

Hometown Apts., L.L.C. v. Hoffa

Citations

  • 2022 Ohio 2707

Syllabus

Landlord initiated a forcible entry and detainer action against its tenant, a deceased person. The parties' lease is not part of our record, but as a general rule, a lease for a term of years does not terminate by operation of law upon the death of the lessee it passes to his personal representative, who becomes bound as assignee for the remaining term. Accordingly, the municipal court did not err in determining that the proper party defendant was either the administrator or executor of the deceased's estate or the deceased's next of kin and in ordering Landlord to amend its complaint against Tenant to name a proper party. Judgment affirmed. (Tucker, P.J., concurring.) (Epley, J., dissenting.)

Judges: Donovan

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