Colquett v. Byrd

392 N.E.2d 1328, 59 Ohio Misc. 45, 13 Ohio Op. 3d 220, 1979 Ohio Misc. LEXIS 63
CourtMansfield Municipal Court
DecidedMarch 12, 1979
DocketNo. 79-CV-H-797
StatusPublished
Cited by8 cases

This text of 392 N.E.2d 1328 (Colquett v. Byrd) is published on Counsel Stack Legal Research, covering Mansfield Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colquett v. Byrd, 392 N.E.2d 1328, 59 Ohio Misc. 45, 13 Ohio Op. 3d 220, 1979 Ohio Misc. LEXIS 63 (Ohio Super. Ct. 1979).

Opinion

Rader, J.

A. Preliminary Statement.

This is a “landlord-tenant” action falling within the framework of R. C. Chapter 5321. Plaintiff filed a complaint for damages and injunctive relief on February 21.1979. This court granted an ex parte temporary restraining order on the same day, pursuant to Civ. R. 65 (A). Defendant filed an answer on March 1, 1979. On March 1.1979, the matter came on for hearing on plaintiff’s motion for a preliminary injunction.

B. Factual Allegations.

Plaintiff’s verified complaint, motions and affidavits allege that, as defined in R. C. 5321.01, he is a “tenant,” that defendant is his “landlord,” and that the parties have entered into a “rental agreement.” Plaintiff further allege [46]*46es that the defendant has terminated the utility services to his “residential premises” and that the defendant has excluded him from the premises, in violation of R. 0. 5321.-15. Plaintiff also alleges that the premises is unsafe and unhealthy in violation of R. 0. 5321.04. Plaintiff has sought injunctive relief against the alleged violations of R. C. 5321.15, and damages under R. ,C. 5321.12.. . :

By way of his answer, defendant- has! admitted being a “landlord,” hut denies the other factual allegations.

G. Issues Presented.

Two issues of law have been- raised for determination. First, does the Mansfield Municipal-Court have the jurisdiction to enjoin the alleged violation-of -R. C.-5321.15? Second, does the court have the authority to allow such ah injunction without requirement of á bond? For the following reasons, both questions must be resolved in the affirmative.

D. Discussion: Injunction Issue.

In Ohio an agreement between landlord and tenant for the use and occupancy of a residential dwelling is a. contract subject to the application of contractual rights and remedies. Ohio-courts, have long applied contractual principles to rental agreements. E. g., Lauch v. Monning (1968), 15 Ohio App. 2d 112, 239 N. E. 2d 675; Cook v. Village of Paulding (1965), 207 N. E. 2d 405. See also, R. C. 5321.01 (D).

. - ‘ .Part and parcel of the contract theory is the principle that the contract between landlord and tenant must be read, or construed, in light of the statutes and ordinances in effect at the time and place of making. The general rule applicable-in Ohio is that: the law of the place of the making yvil-1 be implied as a term of the contract. E. g, Holbrook v. Ives (1886), 44 Ohio. St. 516, 9 N. E. 228; Eastern Machinery Co. v. Peck (1954), 161 Ohio St. 1, 117 N. E. 2d. 593. See, also, 11 Ohio Jurisprudence 2d 41Ó-413, Contracts, Section 163.

. Thus,- specifically • with regard to rental agreements, the standards established by- local, building, housing, and health codes, in existence at the- time of the making .of the [47]*47agreement enter into and become a part of .the contract. Glyco v. Schultz (1972), 289 N. E. 2d 919; Stackhouse v. Close (1911), 83 Ohio St. 339, 94 N. E. 746; Rose v. King (1892), 49 Ohio St. 213, 30 N. E. 267.

More particularly, it is clear that the various rights and obligations established by R. C. Chapter 5321, “Landlords and Tenants,” are implied in all rental agreements. The most recent statement of this principle was given by the Cuyahoga County Court of Appeals in Laster v. Bowman (1977), 52 Ohio App. 2d 379. The court stated, at 382:

“The Ohio legislature adopted R. C. Chapter 5321, entitled Landlord's and Tenants, which became, effective November 4, 1976. This new law, which establishes various rights and obligations between landlords and tenants in the state of Ohio, now governs the relationship between such parties with regard to rental agreements on residential premises. * * # These rights, obligations and remedies encompassed by the statute became part of the rental agreement between a landlord and tenant.

Thus defined, a rental agreement must be read to include R. 0. 5321.01 (D), .04, .05,’.12, .13, .14 and .18, as well as 'additional terms agreed upon by the parties] Although, as suggested by Laster, and as provided by R. C. 5321.06, R. C. Chapter 5321 supercedes any terms which are inconsistent with R. C. Chapter 5321 or any other rule of law.

In brief then, a rental agreement between landlord and tenant is a contract; and, whether written or oral, each party has certain contractual rights and obligations estate lished and guaranteed by R. C. Chapter 5321.

' Municipal Courts in Ohio are created and governed by R. C. Chapter 1901. The particular sections relevant to the case at hand are R. C. 1901.18 (C) and (H), and 1901.21 (A).

R. C. 1901.18 provides:
. : “Subject to Section 1901.17 of the Revised Code [captioned “Monetary jurisdiction”], a municipal court has original jurisdiction within its territory:
- r. ■ . -,i • • ■
'“’ (C) In any action at law based on contract;' to de[48]*48termine, preserve, and enforce all rights, legal and equitable, involved therein, to decree an accounting, reformation, or cancellation of the contract, and to hear and determine all legal and equitable remedies necessary or proper for a complete determination of the rights of the parties thereto:
i Í # # *
“ (H) In any action of forcible entry and detainer;”
E. C. 1901.21(A) provides:
“ (A)* * * In any civil case or proceeding if no special provision is made in sections 1901.01 to 1901.38, inclusive, of the Revised Code, the practice and procedure shall be the same as in courts of common pleas.”

The issue presented by the case at hand has been adequately resolved by several Ohio cases. E. g., Blenheim Homes, Inc. v. Mathews (1965), 119 Ohio App. 44, 196 N. E. 2d 612; Kuhn v. Griffin (1964), 3 Ohio App. 2d 195, 209 N. E. 2d 824; Lauch v. Monning, supra (15 Ohio App. 2d 112, 239 N. E. 2d 675.)

These cases make clear that Municipal Courts are granted full equitable power in contract actions; and injunctions are appropriate equitable remedies. Further, injunctions are proper in the landlord-tenant context. As is stated in 33A Ohio Jurisprudence 2d Landlord and Tenant, at Section 128:

“As a rule, when either the lessor or the lessee fails to perform a convenant on his part to do or refrain from doing a stipulated thing, a right of action at law accrues in favor of the party injured for the damages which he sustains. Also, in a proper case, a court of equity will enforce a covenant in a lease by an injunction restraining its violation.”

See, also, Id., at Sections 188-194, inclusive.

Thus, there can be no question but what this court has the jurisdiction to entertain and to grant plaintiff’s prayer for injunctive relief. As shown, the action is based on the contractual nature of the relationship between plaintiff-tenant and defendant-landlord. The contract between the parties includes, by force of law, all the protections of R. C. Chapter 5321.

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Cite This Page — Counsel Stack

Bluebook (online)
392 N.E.2d 1328, 59 Ohio Misc. 45, 13 Ohio Op. 3d 220, 1979 Ohio Misc. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colquett-v-byrd-ohmunictmansfie-1979.