Heck v. Whitehurst Co.

A tenant repeatedly complained to his landlord about cigarette smoke drifting into his apartment from the apartment below him. Despite attempts by the landlord to remedy the situation, the problem continued and the tenant filed an application with the court to put his rent in an escrow account. The trial court ordered the landlord to remedy the problem within 21 days and to refund 50% of the tenant’s rent for a one-year period ($3,834) because of the tenant’s inability to use his master bedroom and closet due to the smoke. The court of appeal agreed with the lower court and affirmed the decision, finding that sufficient evidence was provided to show that the landlord failed to keep the apartment in a fit and habitable condition.


Heck v. Whitehurst Co., 2004 Ohio 4366 (2004).

  • United States
  • Aug 20, 2004
  • Court of Appeals of Ohio, Sixth District, Lucas County


Plaintiff George Heck

Defendant Whitehurst Co.

Legislation Cited

Ohio Revised Code section 5321.04

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