Adams v. Re/Max

111 N.E.3d 758 (2018)

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Adams v. Re/Max

Ohio Court of Appeals
111 N.E.3d 758 (2018)

  • Written by Robert Cane, JD

Facts

Adria Adams (plaintiff) leased an apartment from Re/Max Property Management (Re/Max) (defendant) for 12 months. The lease contained a clause on holdover tenancy, which required 30-days’ notice by either party to terminate the lease. Adams paid a security deposit of $625, and monthly rent was set at $625. After the original lease term ended, Adams renewed the lease for another year with an expiration date of March 31, 2017. On March 9, 2017, Re/Max sent Adams a renewal letter, which presented Adams with four options. The options were to renew for an additional 12 months, to renew for an additional six months, to convert the lease to a month-to-month tenancy, or to submit written notice and vacate the property. The renewal letter did not specify a date by which Adams needed to respond. On April 26, 2017, Adams indicated that she planned to vacate the premises on May 1. After Adams returned the keys to Re/Max on April 29, Re/Max claimed that Adams had provided insufficient notice of termination of her tenancy, so it refused to return her security deposit. Adams sued Re/Max for the return of her security deposit. The trial court found that Adams was not required to provide 30-days’ notice to terminate her month-to-month tenancy because Re/Max failed to include a deadline in its renewal letter. Re/Max appealed.

Rule of Law

Issue

Holding and Reasoning (McCormack, J.)

Dissent (Kilbane, J.)

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Casebooks

Property

Key Terms

  • Holdover TenantA tenant who remains in possession of her leased premises beyond the expiration date of her lease.
  • Security depositA payment required by a landlord as security for any potential damages to leased premises.

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