Rickard v. Utter

Citations

• 27 Ohio C.C. Dec. 143
• 25 Ohio C.C. (n.s.) 577

Syllabus

<p>LANDLORD AND TENANT.</p> <p>Richards, Chittenden and Kinkead, JJ.</p> <p>(Judges of the 6th court of appeals sitting by designation.)</p> <p>1. Negotiations riot Executed Regarding New Lease do not Relieve Tenant from Holdover Year’s Rental.</p> <p>Where a tenant by the year holds over, and thereafter there are negotiations regarding a new lease but none is executed, the negotiations regarding the new lease in no way operate to relieve the tenant from the obligation for another year’s rental which he assumed by holding over.</p> <p>2. Failure of Landlord to Make Promised Repairs does not Relieve Tenant from Payment of Rent.</p> <p>Failure on the part of a landlord to make promised repairs does not release the tenant from the obligations of his lease, but his remedy is by way of an action for damages for failure to carry out the agreement to make repairs.</p> <p>3. Retention of Key Sent Through Mail not Acceptance by Landlord of Lease Surrender.</p> <p>Retention by the landlord of the key to the premises sent to him through the mail does not constitute an acceptance of the surrender of the lease.</p> <p>[Syllabus by the court.]</p>