Legal Question in Landlord & Tenant Law in Ohio

I had a small business. Building I rented had bad roof prior to the lease. It leaked 10 to 12 places every time it rained or snowed for 2 1/2 years. I paid my rent on time. business went down because of distraction from tarp and buckets hanging all over in the store. I have all the email conversations with landlord. We were not able to pay rent for one month and next month we tried to pay rent but were given three days to empty the building. Building was rented to new business in a month. Land lord is asking for $50K I want sue them for all the damages/loss they caused me. Do I have a case?


Asked on 1/08/13, 8:10 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, much will depend upon what your lease agreement says. Further, in Ohio, even if you did not pay rent, the landlord can only sue for his actual damages incurred, and must take reasonable steps to mitigate those damages. That means that he must apply any rent paid by the new party in possession of the premises to any rent that you owe under the lease agreement through its termination date.

As for your claims for relief against the landlord (I am assuming that you are alleging lost business), you may be able to recover on such damages depending upon the facts.

If you need more direct assistance with this, you can email me at [email protected].

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Answered on 1/08/13, 9:23 am


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