Asbury Woods Senior Apts. v. Render

CourtOhio Court of Appeals
DecidedApril 8, 2026
DocketC-250297, C-250298
StatusPublished

This text of Asbury Woods Senior Apts. v. Render (Asbury Woods Senior Apts. v. Render) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Asbury Woods Senior Apts. v. Render, (Ohio Ct. App. 2026).

Opinion

[Cite as Asbury Woods Senior Apts. v. Render, 2026-Ohio-1266.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

ASBURY WOODS SENIOR : APPEAL NOS. C-250297 APARTMENTS, C-250298 : TRIAL NOS. 24CV26306 Plaintiff-Appellee, 24CV31903

vs. :

GLORIA RENDER, : JUDGMENT ENTRY

Defendant-Appellant. :

This cause was heard upon the appeals, the records, and the briefs. For the reasons set forth in the Opinion filed this date, the judgments of the trial court are affirmed. Further, the court holds that there were reasonable grounds for these appeals, allows no penalty, and orders that costs be taxed under App.R. 24. The court further orders that (1) a copy of this Judgment with a copy of the Opinion attached constitutes the mandate, and (2) the mandate be sent to the trial court for execution under App.R. 27.

To the clerk: Enter upon the journal of the court on 4/8/2026 per order of the court.

By:_______________________ Administrative Judge [Cite as Asbury Woods Senior Apts. v. Render, 2026-Ohio-1266.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

ASBURY WOODS SENIOR : APPEAL NOS. C-250297 APARTMENTS, C-250298 : TRIAL NOS. 24CV26306 Plaintiff-Appellee, 24CV31903

GLORIA RENDER, : OPINION

Civil Appeals From: Hamilton County Municipal Court

Judgments Appealed From Are: Affirmed

Date of Judgment Entry on Appeal: April 8, 2026

Michael R. Haas, for Plaintiff-Appellee,

Gloria Render, pro se. OHIO FIRST DISTRICT COURT OF APPEALS

BOCK, Judge.

{¶1} Defendant-appellant Gloria Render appeals the trial court’s judgments

overruling her objections to the magistrate’s decisions awarding plaintiff-appellee

Asbury Woods Senior Apartments (“Asbury”) damages for late rent, fees, and utility

payments.

{¶2} In three assignments of error, Render argues that the trial court should

have ruled on her motion for reconsideration, excluded evidence that included a

forged signature, and dismissed Asbury’s damages claim after it dismissed Asbury’s

eviction claim. We disagree because the trial court (1) lacked jurisdiction to reconsider

its final judgment, (2) acted within its discretion by admitting the evidence Render

sought to exclude, and (3) properly dismissed Asbury’s eviction claim without

dismissing its damages claim.

{¶3} We overrule Render’s three assignments of error and affirm the trial

court’s judgments.

I. Factual and Procedural History

{¶4} In September 2024, Asbury sued to evict Render from rental property

that it owned based on past-due rent. Asbury also sought unpaid rent, late fees,

“additional amount[s] not yet determined” for repairs, and interest.

{¶5} Render answered and raised a counterclaim for damages based on

predatory rent increases, “identity fraud, theft, lack of access to ‘community’ news or

information, [and a] lack of access to ‘leasing[,]’ ‘inspection[,]’ [and] ‘water damage.’”

Render also alleged “student loan, auto insurance fraud, renter’s fraud, new accounts,

tax form or compromised accounts that took place without [her] consent.”

3 OHIO FIRST DISTRICT COURT OF APPEALS

{¶6} After Render paid Asbury the past-due rent at a hearing in late October

2024, the magistrate dismissed, without prejudice, Asbury’s cause of action for

forcible entry and detainer.

{¶7} Weeks later, Asbury filed a second complaint for eviction and damages

involving unpaid rent, late fees, an unspecified amount for repairs, court costs, and

interest. Render answered and argued that she did not sign the lease agreement, she

deposited the rent payment with the Clerk of Courts, Asbury increased her rent in

violation of guidelines issued by the United States Department of Housing and Urban

Development (“HUD”), and Asbury owed her an “overpayment refund.” Render also

asserted a counterclaim seeking $15,000 for insufficient lighting in the apartment,

water damage to her furniture, and the apartment’s lack of a HUD certification.

{¶8} The magistrate dismissed Asbury’s eviction claim, continued its “claim

for money,” consolidated the cases, and scheduled a hearing on the remaining claims

and counterclaims.

Hearing on Asbury’s claims and Render’s counterclaims

{¶9} At the hearing, Linda Fox testified that she owned the property that

Render leased and that the rental property was neither “HUD housing” nor

“subsidized.” Fox testified that Render originally signed a one-year lease, which

converted into a monthly tenancy in 2024. Asbury increased Render’s rent from $950

to $1,075 in January 2025.

{¶10} Fox confirmed that Render had vacated the property and returned her

keys in January 2025. She testified that Render owed $1,075 for January’s rent, $50

for a late fee, and $234.23 for a utility bill that Asbury had paid on Render’s behalf, for

a total of $1,359.23. Fox clarified that Asbury paid Render’s utility bill because the

utilities had been turned off in September 2024, and management needed to turn the

4 OHIO FIRST DISTRICT COURT OF APPEALS

utilities on in December to protect the plumbing. Asbury credited Render for $500 for

her security deposit and agreed that she had overpaid her rent by $200.

{¶11} Fox was not aware of any water damage to Render’s furniture. While

there were maintenance orders to repair the smoke detectors and dishwasher in

Render’s apartment, neither issue involved mold or water damage. Moreover, Fox

testified that she knew nothing about Render’s identity-theft concerns.

{¶12} Render testified that Asbury failed to communicate with her throughout

her tenancy. She explained that she was current on her rent when she moved out of

the apartment, and “was only late five times.” Render admitted that she did not pay

$1,075 for her January 2025 rent. According to Render, she moved out of the

apartment in June 2024 due to the presence of mold in the apartment. Render asked

for $5,000 to hire an attorney and $2,000 for mold and mildew remediation.

{¶13} Render denied signing a “Utility Transfer Responsibility Form” (“Utility

Form”) that made her responsible for transferring the utilities for the rental property

into her name. She explained that the signature was a “fraud” and that she had not

received a copy of the document. Render said she paid her utility bill until she moved

out in June 2024. Render received a $500 utility bill for December 2024 and January

2025, which was “turned over to a collection agency.” Render also described issues

with identity fraud that began shortly after she moved into her rental property at

Asbury. But Render admitted that she was “not sure” who assumed her identity.

{¶14} The magistrate found that Render “failed to prove any of her

counterclaims” and owed Asbury $1,125 for “January rent and late fees,” along with

$234.23 for the utility bill. After reducing that amount by $700 for Render’s security

deposit and her overpayment, the magistrate found that Render was liable to Asbury

for $659.23 in damages.

5 OHIO FIRST DISTRICT COURT OF APPEALS

{¶15} Render objected and argued that the magistrate “did not have ALL the

necessary information.” Render insisted that there was a “[d]iscrepancy in rent

amounts,” she had not missed any monthly rent payments, and she was subject to

“[e]xploitative monthly rent amounts beyond the Fair Market Rate.” The trial court

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Criminal Charges Against Groves
2018 Ohio 1406 (Ohio Court of Appeals, 2018)
Jackson v. Jackson
2020 Ohio 3517 (Ohio Court of Appeals, 2020)
State ex rel. Rimroth v. Harrison
2022 Ohio 110 (Ohio Court of Appeals, 2022)
Cuyahoga Metropolitan Housing Authority v. Jackson
423 N.E.2d 177 (Ohio Supreme Court, 1981)
Mehta v. Johnson
2022 Ohio 3934 (Ohio Court of Appeals, 2022)
Ditech Fin., L.L.C. v. Balimunkwe
2025 Ohio 4884 (Ohio Court of Appeals, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
Asbury Woods Senior Apts. v. Render, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asbury-woods-senior-apts-v-render-ohioctapp-2026.