On February 14, Don Weingarden entered into a written rental agreement with Eagle Ridge Condominiums for an apartment in Maumee, Ohio. Weingarden paid $150 as a security deposit with a monthly rental rate of $750 payable on the first of each month; the month of March was rent free. The parties also agreed that the landlord would replace the bedroom door, repair the electrical outlet in the bedroom, and replace the boards in the basement. Weingarden took possession on March 1. On March 23, he notified the apartment manager in writing that the basement of the apartment would leak when snow melted and also after a rain. The leak would saturate the carpeting in the basement and render the basement useless. When wet, the carpet would become mildewed and odorous. Weingarden also indicated that the stairway in the unit was not in compliance with the Ohio Basic Building Code and that he had fallen as a result and, further, that the door in the bedroom had not been repaired and/or replaced and that the frame on the master bedroom door was cracked. Weingarden indicated that as a result he would vacate the premises on or before July 1.
The landlord attempted to remedy the basement leak by applying cement to the interior basement walls: however, the basement continued to leak and soak the carpet. On April 1, the landlord replied to Weingarden that it would not release him from his obligations under the lease agreement. On June 16, Weingarden surrendered his keys to the apartment and indicated in writing that his deposit should be forwarded to the address in Michigan that was on the application he had submitted for the lease. The landlord did not return any security deposit to Weingarden and did not send any itemization of disbursements to him. The landlord spent the security deposit on a water bill of $27.11 and for the cost of carpet cleaning, with the balance being applied to unpaid rent pursuant to the terms of the lease. Weingarden brought suit against the landlord to recover the balance of his security deposit and damages of $250 per month for the diminution of value of the rental unit because of the inability to utilize the basement which constituted one-third of the apartment. The landlord counterclaimed for the unpaid rent due for the balance of the lease term. One of the issues in the case was whether the conditions in the basement amounted to a constructive eviction of Weingarden. Did the wet conditions in the basement substantially affect the habitability of the apartment and amount to a constructive eviction of the tenant?