security deposit claim (Ohio) · Go Syfert
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security deposit claim in Ohio

13 Ohio opinions name it 1 courts 1989–2022 2 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Lacare v. Dearinggreen
ohioctapp · 1991 · cited in 4 Ohio opinions naming this issue, 1999–2020
2 sentences

2020However, “courts have awarded attorney fees that relate to both the security deposit claim and to defending against a landlord’s counterclaim for alleged damages and/or unpaid rent when such claims are virtually indivisible.” Lloyd at ¶ 41 , citing Lacare v. Dearing, 73 Ohio App.3d 238, 241-242 , 596 N.E.2d 1097 (11th Dist.1991); Buck v. Georgian Manor Invests., 8th Dist.

2020However, “courts have awarded attorney fees that relate to both the security deposit claim and to defending against a landlord’s counterclaim for alleged damages and/or unpaid rent when such claims are virtually indivisible.” Lloyd at ¶ 41 , citing Lacare v. Dearing, 73 Ohio App.3d 238, 241-242 , 596 N.E.2d 1097 (11th Dist.1991); Buck v. Georgian Manor Invests., 8th Dist.

24

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Smith v. Padgett green
ohio · 1987
2 sentences

2022Appellant asserts that he had to retain two experts on the subject of reasonable attorney fees and one expert opined that the litigation budget should not have exceeded $1,500 for the entire 1While we note that an award of attorney fees under R.C. 5321.16(C) “must relate solely to the fees attributable to the tenant’s security deposit claim under R.C. 5321.16, and not to any additional claims,” Smith v. Padgett, 32 Ohio St.3d 344, 349 , 513 N.E.2d 737 (1987), it is well established that ‘“[a] tenant may recover reasonable attorney fees under R.C. 5321.16(C) attributable to both the security de

2022Appellant asserts that he had to retain two experts on the subject of reasonable attorney fees and one expert opined that the litigation budget should not have exceeded $1,500 for the entire 1While we note that an award of attorney fees under R.C. 5321.16(C) “must relate solely to the fees attributable to the tenant’s security deposit claim under R.C. 5321.16, and not to any additional claims,” Smith v. Padgett, 32 Ohio St.3d 344, 349 , 513 N.E.2d 737 (1987), it is well established that ‘“[a] tenant may recover reasonable attorney fees under R.C. 5321.16(C) attributable to both the security de

111989–2022
Whitestone Co. v. Stittsworth, Unpublished Decision (1-23-2007) green
ohioctapp · 2007
2 sentences

2022Franklin No. 06AP-371, 2007-Ohio-233, ¶ 56 .

2021Franklin No. 06AP-371, 2007-Ohio-233, ¶ 56 ; see also Christen at ¶ 40 (‘“[C]ourts have awarded attorney fees that relate to both the security deposit claim and to defending against a landlord’s counterclaim for alleged damages and/or unpaid rent when such claims are virtually indivisible.”’), quoting Lloyd v. Roosevelt Properties, 8th Dist.

22021–2022
Lloyd v. Roosevelt Properties, Ltd. green
ohioctapp · 2018
1 sentence

2021Cuyahoga No. 105721, 2018-Ohio-3163, ¶ 41 ; Clarke v. Royal, 10th Dist.

12021–2021
Glessner v. Select Genetics L.L.C. neutral
ohioctapp · 2016
2 sentences

2020Cuyahoga No. 103658, 2016-Ohio-532 . “[T]he award of attorney fees must relate solely to the fees attributable to the tenant’s security deposit claim under R.C. 5321.16, and not to any additional claims.” Smith v. Padgett at 349 .

2020A “tenant may not use R.C. 5321.16(C) to recover attorney fees attributable to the additional claims.” Id. at 349-350 .

12020–2020
United States ex rel. Jackson v. Regional Transit Authority neutral
ohio · 1988
1 sentence

1999In Cook v. Downey (June 30, 1988), Franklin App. No. 87AP-1075, unreported (1988 Opinions 2497), jurisdictional motion overruled in (1988), 39 Ohio St.3d 707 , this court affirmed a trial court's attorney fees award that was based on a comparison between the amount of the security deposit claim and the total amount requested in all claims.

11999–1999

Statutes the citing opinions construe

OH § Ohio Rev. Code § 5321.16 (9) OH § Ohio Rev. Code § 5321.05 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 13 (1989–2022) TX 11 (1980–2025) NY 2 (2025–2025) WI 2 (2004–2025) MA 2 (1997–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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