Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Adams v. Relmax

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 3, 2018

ADRIA ADAMS PLAINTIFF-APPELLEE
v.
RELMAX DEFENDANT-APPELLANT

          Civil Appeal from the Cleveland Heights Municipal Court Case No. CV-17-00601

          ATTORNEYS FOR APPELLANT Andrew K. Shibley David M. Dvorin Lieberman, Dvorin & Dowd, LL.C.

          FOR APPELLEE Adria Adams, pro se

          BEFORE: McCormack, J., E.A. Gallagher, A.J., and Kilbane, J.

          JOURNAL ENTRY AND OPINION

          TIM McCORMACK, JUDGE.

         {¶1} Defendant-appellant Haven Realty, Inc. d.b.a. Re/Max Property Management (incorrectly identified as "Relmax, " but henceforth in this opinion identified as "Re/Max") appeals from the trial court's judgment ordering it to return a security deposit in the amount of $625 to plaintiff-appellee Adria Adams ("Adams"). For the reasons that follow, we reverse.

         Procedural and Substantive History

         {¶2} On April 1, 2015, Adams and Re/Max entered into a 12-month lease agreement for an apartment in Cleveland Heights, Ohio. The lease term was from April 1, 2015, to March 31, 2016, and the monthly rent for the apartment was $625. The lease agreement provided for a holdover period as follows:

HOLDOVER: In the event Tenant remains in possession of the Premises for any period after the expiration of the Lease Term ("Holdover Period"), a new month-to-month tenancy shall be created subject to the same terms and conditions of this Lease at a monthly rental rate of $650 per month, unless otherwise agreed by the parties in writing. Such month-to-month tenancy shall be terminable on thirty (30) days notice by either party or on longer notice if required by law.

         {¶3} On February 17, 2016, Re/Max sent Adams a letter offering her the opportunity to renew her lease. The letter informed Adams that her current lease was set to expire on April 1, 2016. Attached to the letter was a form with four options. The letter stated that if Re/Max did not receive the form with Adams's selection, her lease would automatically convert to a month-to-month lease, with all other terms of her original lease remaining the same. The four options were: (1) renewing the lease for an additional 12 months, with an increased monthly rent of $640 effective April 1, 2016; (2) renewing the lease for an additional six months, with an increased monthly rent of $650 effective April 1, 2016; (3) converting the lease to a month-to-month tenancy with an increased monthly rent of $660; or (4) moving out and submitting the form as written notice that she would vacate the property, surrender keys and possession of the property, and provide Re/Max with a forwarding address. Adams elected to renew the lease for another year, and the new expiration date of the lease was March 31, 2017.

         {¶4} On March 9, 2017, Re/Max sent Adams another renewal letter, presenting her with the following four options: (1) renewing the lease for an additional 12 months, with an increased monthly rent of $650 effective May 1, 2017; (2) renewing the lease for an additional six months, with an increased monthly rent of $665 effective May 1, 2017; (3) converting the lease to a month-to-month tenancy with an increased monthly rent of $690; or (4) moving out and submitting the form as written notice that she would vacate the property, surrender keys and possession of the property, and provide Re/Max with a forwarding address. Although the letter did not specify a date by which Adams must make her selection, it included the following disclaimer:

**Please note: Should you fail to make a selection and return this document to us, your Lease will convert to a month-to-month Lease with the above stated month-to-month rent amount. Should you decide to terminate your tenancy, we will send you move-out guidelines.**

         On April 26, 2017, Adams initialed the fourth option, indicating that she planned to move out, and filled in May 1, 2017 as her move-out date.

         {¶5} On April 29, 2017, Adams returned the keys to Re/Max and provided a forwarding address. On May 1, 2017, Re/Max sent Adams a letter notifying her that it would not be returning her security deposit because she had ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.