Howard v. Simon

This is an appeal and cross-appeal from a bench trial verdict in Shaker Heights Municipal Court. The controversy arose out of the parties’ landlord-tenant relationship. The following facts gave rise to the appeal.

The plaintiff-appellant (cross-ap-pellee), John A. Howard, rented an apartment to the defendant-appellee (cross-appellant), Steven Simon, which was advertised “with air.” The parties signed a written lease with a one-year term commencing September 1, 1980. Simon stayed on from September 1981 through August 26,1982 under a month-to-month arrangement.

Howard hada practice of turning off…