Attorney's fees

"A tenant may recover any actual damages along with reasonable attorneys' fees from a landlord who takes prohibited retaliatory action against the tenant. ORC § 5321.02

Tenants may recover reasonable attorney's fees against a landlord who violates right of entry obligations. ORC § 5321.04

If a tenant violates the provisions of ORC § 5321.05 other than (A)(9), the landlord may recover any damages that result from the violation along with reasonable attorney's fees. ORC § 5321.05

Where a tenant issues a notice of violation of a statutory obligation upon a landlord and the court ultimately finds that the condition contained in the tenants notice was the result of an act or omission of the tenant, or that the tenant intentionally acted in bad faith in pursuing statutory remedies, the tenant will be held liable to the landlord for damages caused to the landlord and costs, together with reasonable attorney's fees. ORC § 5321.09"

Ohio follows the American Rule, which requires that each party in litigation pay its own attorneys’ fees, unless there is a contractual provision between the parties that shifts the payment of attorneys’ fees from one party to the other party or there has been a finding of bad faith. See Krasny-Kaplan Corp. v. Flo-Tork, Inc., 66 Ohio St. 3d 75 (1993). 

Ohio’s appellate courts have reached conflicting results as to the amount of an award of attorney’s fees. Some have determined that attorney’s fee awards should be calculated as an element of damages, to be determined by the finder of fact. Dyche Real Estate Fund v. Graves, 55 Ohio App.2d 153, 9 Ohio Op.3d 321, 380 N.E.2d 767 (10th Dist. Franklin County 1978). Others have determined that attorney’s fee awards should be calculated as an element of damages, to be determined by the court. Drake v. Menczer, 67 Ohio App.2d 122, 21 Ohio Op.3d 429, 425 N.E.2d 961 (8th Dist. Cuyahoga County 1980)."

In most situations, attorneys’ fees can be recovered in an action to enforce a commercial equipment lease if the contract between the parties specifically includes such a provision. However, if such a provision is contained in a contract of indebtedness (e.g., a finance lease as opposed to a true lease) and the total amount owed on the contract at the time such contract was entered into did not exceed $100,000, then such a provision will not be enforceable under Ohio law. See ORC 1319.02.  

Please note that this limitation on attorneys’ fees does not apply to true leases. See Columbus Truck & Equip. Co. v. L.O.G. Transp., Inc., 10th Dist. No. 12AP-223, 2013 Ohio App. 2738.  The amount of the attorneys’ fees must also be reasonable.