MILLER v. RITCHIE

No. 88-1296.

45 Ohio St. 3d 222 (1989)

MILLER, APPELLEE, v. RITCHIE ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 6, 1989.


Attorney(s) appearing for the Case

Moore, Moore & Moore and Joseph G. Carroll, for appellee.

Legal Aid Society of Cincinnati, John E. Schrider, Jr., Clermont County Legal Aid Society and Lisa E. O'Rear, for appellants.

Legal Aid Society of Cleveland, Peter M. Iskin and Barbara A. Reitzloff, urging reversal for amicus curiae, Cleveland Tenants Organization.


H. BROWN, J.

The record clearly demonstrates Miller was aware of the defects in the Ritchies' apartment, yet failed to maintain the leasehold as required by law. The record also establishes that the Ritchies were aware of escrow procedures, but did not escrow rent or pursue the remedies provided by R.C. 5321.07. The issues for our resolution are: (1) whether the Ritchies waived the right to recover damages by occupying...

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