Lagunzad v. Parma Estates, L.L.C.

Citations

• 2025 Ohio 1368

Syllabus

Motion for summary judgment; Civ.R. 56; genuine issues of material fact; breach of contract; statute of limitations; exclusion of warranties; R.C. 5321.04; R.C. Ch. 4781; R.C. Ch. 5321; common areas; criminal activity by tenants; covenant of quiet enjoyment; rent increase; retaliation; OAC 4781-12-28; R.C. 955.28; strict liability; dog bite and personal property damage; landlord; misrepresentation; fraud; Consumer Sales Practices Act; OAC 4781-12-08; slander; scope of employment; intentional and malicious torts; destruction of personal property; and notice. The trial court did not err when it granted summary judgment to a defendant-appellee because the complaint alleged no causes of action against that particular defendant-appellee. The trial court did not err when it granted summary judgment to a defendant-appellee on a breach-of-contract claim where the claims were time-barred by the contractually agreed to statute of limitations and the purchase agreement excluded any express or implied warranties. The trial court did not err when it granted summary judgment to a defendant-appellee because a landlord or manufactured park operator is not responsible for the alleged criminal activity and resulting damage caused by tenants on a resident's own property. The trial court also did not err when it found there were no genuine issues of material fact stemming from the plaintiffs-appellants' allegations that another tenant, rather than the landlord, breached the covenant of quiet enjoyment. Because the landlord imposed a rent increase on all residents due to increased operational costs and the lease agreement permitted rent increases with the requisite notice, the trial court did not err when it found the plaintiffs-appellants' allegations of a rent increase due to retaliation did not create a genuine issues of material fact. The trial court did not err when it granted summary judgment to defendant-appellant landlord where the plaintiffs-appellants failed to demonstrate the