(DOWNLOAD) "Smith v. Padgett" by The Supreme Court of the State of Ohio # Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Padgett
- Author : The Supreme Court of the State of Ohio
- Release Date : January 16, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
HERBERT R. BROWN, J. The parties and the courts below have recognized that this case requires the resolution of two distinct issues: (1) whether
a lessee is competent to testify as to his or her opinion of the rental value of the leased premises, absent a showing of
specialized knowledge of rental values in general; and (2) whether a landlord who wrongfully withholds a portion of a tenant's
security deposit is thereby rendered liable for double damages and reasonable attorney fees under R.C. 5321.16(C), where the
landlord timely furnishes the tenant with an itemized list of deductions from the deposit pursuant to R.C. 5321.16(B). As
the amicus curiae suggests, however, a proper resolution of the first issue requires a threshold determination of the measure
of damages recoverable by a tenant when a landlord breaches a promise to make repairs to the leased premises. Clearly, the
competence of a lessee to give an opinion as to the reasonable rental value of the leased premises is meaningless unless such
opinion is relevant to the determination of damages.