The Leasing Hotline

Absent an abuse of discretion, an appellate court will not disturb a trial court's decision regarding damages and attorneys' fees; it is within the trial court's discretion to deny a motion for leave to file a counterclaim where the defendant was aware that the claim existed at the time of the commencement of the action and at the time its answer was filed. RCH Co. v. 3-J Machining Service, No. 82671, Ohio Ct. App., Jan. 8, 2004.

RCH leased premises to 3-J for 3-J to operate a machine shop. Thereafter, 3-J failed to make rent payments, and RCH commenced an eviction action. The eviction action was settled by 3-J agreeing to pay RCH $3000 in rent and to vacate the premises. 3-J complied with the settlement. Thereafter, RCH examined the premises and found damage caused by 3-J. RCH commenced an action to recover damages. After all pleadings were filed, 3-J filed a motion for leave to file a counterclaim prior to the trial, seeking damages for equipment left on the premises. After a hearing on 3-J's motion, the court denied leave to file a counterclaim and set the matter for trial. At the trial, RCH presented photographs, testimony and receipts regarding the damage and evidence of attorneys' fees. The court awarded RCH $603 in damages and $2025 in attorneys' fees.