Mitchell v. Conrex Property Mgt., L.L.C.

Citations

• 2026 Ohio 1794

Syllabus

LANDLORD-TENANT — R.C. 5321.03 — EVICTION — CIV.R. 56 — SUMMARY JUDGMENT — R.C. 5321.02 — RETALIATORY EVICTION — R.C. 5321.04 — LANDLORD OBLIGATIONS — R.C. 5321.07 — REMEDIES OF TENANT — NOTICE PLEADING — COMMON-LAW CLAIM — NEGLIGENCE PER SE: The trial court did not err by granting summary judgment against plaintiff tenant on her claim for retaliatory eviction where plaintiff was in arrears on rental payments, and therefore, was barred from pursuing that claim under R.C. 5321.04. Where plaintiff tenant asserted that defendant landlord filed its eviction action against her in retaliation for her filing a complaint with the city alleging that defendant failed to meet its obligations under R.C. 5321.04, the trial court did not err by granting summary judgment against plaintiff on her retaliatory-eviction claim where the record shows that defendant did not receive notice of the city's citation until after defendant issued its notice of eviction to plaintiff. The trial court erred by granting summary judgment against plaintiff tenant on her claim that defendant violated its obligations as a landlord under R.C. 5321.04 because, as Ohio is a notice-pleading state, plaintiff's complaint sufficiently alleged defendant's statutory violations to preserve a claim for negligence per se, and there are genuine issues of material fact as to whether defendant is liable for violations under the statute.