Smith v. Padgett

I am in full agreement with the majority’s decision that a tenant is competent to testify as to the rental value of leased premises in their unrepaired condition. However, I respectfully dissent from Part II of the opinion, as it inequitably *351penalizes landlords who, in good faith, miscalculate the amount they may lawfully withhold from a lessee’s security deposit.

This court set forth the proper parameters for construing the Landlord-Tenant Act in Vardeman v. Llewellyn (1985), 17 Ohio St. 3d 24, 28, 17 OBR 20, 23-24, 476 N.E. 2d 1038, 1041, wherein we stated:

“The Landlord-Tenant Act must be…