Lindsay and her young daughter lived above Rhonda Schmidt, in an apartment complex operated by Towne Properties (TP), where Courtney Haynes, Schmidt’s boyfriend often stayed, though not on her lease. They often blared rap music and fought loudly, often waking Lindsay’s child; Lindsey complained to TP. In retaliation, Haynes banged on Lindsay’s door with a fire extinguisher and confronted her menacingly. The TP representatives told Lindsey to call the police. After receiving an obscene Facebook message from Haynes, she reported the incident to the TP managers andbegged TP to let her out of her lease. TP refused, and offeredinstead to move her to an available first-floor unit, which she accepted.

TP advised Schmidt that since Haynes was not on the lease, he would have to leave, so Schmidt insisted on adding him to the lease.TP agreedand divulged that Lindsay was moving to another unit.

A few days later, Haynes broke into Lindsay’s new apartment and raped her in her daughter’s presence. He was ultimately sentenced to nine years in prison. Lindsay sued TP, alleging that it was negligent. The trial court found that TP had no duty to protect its tenant from the criminal acts of third parties and dismissed the case. Lindsay appealed.

Questions:

1. Was the landlord liable for the tenant’s injuries?

2. What is the general rule in Ohio regarding landlord liability to protect their tenants from criminal acts of third parties?

3. Why does this particular case not follow the general rule above?