Dayton Tool Rental v. Ealy, 21849 (10-5-2007)

OPINION

{¶ 1} Defendant-appellant Larry Ealy appeals from the trial court's decision granting plaintiff-appellee St. Joseph Investment's (SJI) request for a writ of restitution.

{¶ 2} In February, 2006, the parties entered into a lease agreement whereby Ealy and his wife agreed to pay $450 in monthly rent for their use of an apartment owned by SJI. After they failed to pay the rent for the months of May and June, 2006, SJI served the Ealys with a notice to leave the premises. The couple ignored the notice, and at the end of the month SJI instituted proceedings to evict them.

{¶ 3} Following a…