Owens v. Corbett, Ca2006-09-214 (5-7-2007)
Owens v. Corbett, Ca2006-09-214 (5-7-2007)
Opinion of the Court
{¶ 2} In her sole assignment of error, appellant argues that the municipal court erred in determining that the parties entered into a month-to-month lease. According to appellant, *Page 2 the parties formed a contract through an exchange of e-mail messages. Under that contract, appellant asserts that the lease was to extend until appellee sold the condominium or until appellant found another place to live, whichever occurred sooner. Therefore, appellant argues, appellee could not terminate the lease merely upon 30 days notice, before either of the two above events occurred.1
{¶ 3} After reviewing the record, we agree with the municipal court's conclusion that the e-mail messages between the parties did not constitute a written lease contract. The messages did not show a "meeting of the minds" such that a reasonable person would find an intention by the parties to be legally bound to an agreement. SeeWashPro Express, LLC v. VERwater Environmental, LLC, Butler App. No. CA2006-03-069,
{¶ 4} While the messages themselves did not constitute a written contract, the messages did refer to a prior, apparently oral agreement between the parties. The parties each stated in the messages that they had previously agreed for appellant to pay $360 per month in rent for the condominium. At the hearing before the municipal court, the parties *Page 3 also testified that their agreement was for appellant to pay $360 per month in rent.2
{¶ 5} Because the record does not show a "meeting of the minds" as to a specific duration for a lease, and because the parties agreed to monthly rent payments, we find no error by the municipal court in determining that the parties agreed to a periodic, month-to-month tenancy. See Steiner v. Minkowski (1991),
{¶ 6} Based on the above discussion, we overrule appellant's sole assignment of error. We affirm the judgment of the municipal court granting appellee relief as to her forcible entry and detainer action.
YOUNG, P.J. and BRESSLER, J., concur.
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