Does Landlord-Tenant Law Allow Trial Court to Award Tenant Attorney Fees For Appellate Case?
Evelyn Klein et al. v. Alvin Moutz, Case no. 2007-1551 9th District Court of Appeals (Trumbull County) ISSUE: Does a state law that allows a tenant to recover its attorney fees in a successful lawsuit against a landlord authorize a trial court to include in such an award an amount to cover the tenant’s legal fees for pursuing an appeal of an initial unfavorable ruling by the trial court? BACKGROUND: In January 2006, tenants Evelyn and Harry Klein of Akron filed suit against their former landlord, Alvin Moutz, in Akron Municipal Court alleging that Moutz had wrongfully refused to refund their security deposit after they moved out of their apartment. In their complaint, the Kleins asked the court to award them a refund of their deposit, additional damages against Moutz and reimbursement of their court costs and reasonable attorney fees, as provided in R.C. 5321.16. The trial court entered judgment in favor of the Kleins and awarded them $930 plus interest and court costs, but denied reco
