Defective Lease Execution Negates Original Lease Terms

Facts: A tenant entered into a lease with an owner, but at the lease signing, an individual whose capacity was undetermined signed the lease on the owner's behalf. After a dispute over on-site equipment, the tenant vacated the premises before the end of its lease.

The owner sued the tenant for the early departure, alleging breach of contract, and sought the amount of rent remaining due on the lease. The tenant countersued, claiming that the owner violated the terms of the lease by not making repairs to the on-site equipment. The trial court ruled in favor of the tenant, and the owner appealed.

Decision: An Ohio court of appeals upheld the trial court's decision.

Reasoning: The court found that the lease was defective because the person who originally signed on behalf of the owner did not actually own the premises, thus establishing a month-to-month lease. The court determined that because the lease was actually month-to-month, and not for a specified term, the tenant could not have violated the lease by vacating the premises.

• Tower Realty v. Glenn Zalweski, June 2008