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The Leasing Hotline
Failure to Litigate Issues at the Trial Level
Failure to litigate issues at the trial level may be fatal to a landlord's claim for lost rent payments. GMS Management Co., Inc. v. Nguyen, C.A. No. 08CA0014, Court of Appeals of Ohio, Ninth Appellate District, Wayne County, December 15, 2008.
After trial, it was determined that the tenant was constructively evicted ' as a result of the landlord's failure to repair a leak in the leased premises ' and did not owe the rent for the balance of the lease. The trial court further held that the damages sought by the landlord amounted to an unenforceable penalty and that the tenant did not have to pay the balance of the rent payments as a result of the constructive eviction due to its failure to repair the leak. The appellate court affirmed and noted that the trial between the parties was poorly litigated. It held it had to affirm because the landlord had forfeited most of its arguments by not making them at the trial level. The appellate court noted that at the trial level, the landlord failed to litigate a clause in the lease precluding the tenant from making a claim of constructive eviction. The landlord's failure to present that issue at the trial level was fatal to its ability to make the claim at the appellate level.
Failure to Litigate Issues at the Trial Level
Failure to litigate issues at the trial level may be fatal to a landlord's claim for lost rent payments. GMS Management Co., Inc. v. Nguyen, C.A. No. 08CA0014, Court of Appeals of Ohio, Ninth Appellate District, Wayne County, December 15, 2008.
After trial, it was determined that the tenant was constructively evicted ' as a result of the landlord's failure to repair a leak in the leased premises ' and did not owe the rent for the balance of the lease. The trial court further held that the damages sought by the landlord amounted to an unenforceable penalty and that the tenant did not have to pay the balance of the rent payments as a result of the constructive eviction due to its failure to repair the leak. The appellate court affirmed and noted that the trial between the parties was poorly litigated. It held it had to affirm because the landlord had forfeited most of its arguments by not making them at the trial level. The appellate court noted that at the trial level, the landlord failed to litigate a clause in the lease precluding the tenant from making a claim of constructive eviction. The landlord's failure to present that issue at the trial level was fatal to its ability to make the claim at the appellate level.
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