[Cite as Gati v. Reagan, 2014-Ohio-5800.]

IN THE COURT OF APPEALS OF OHIO 

SECOND APPELLATE DISTRICT 

MONTGOMERY COUNTY 

KEVIN GATI 

Plaintiff-Appellant 

v. 

TOM REAGAN, PRESIDENT, 

TLR PROPERTIES 

Defendant-Appellee

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C.A. CASE NO. 26253 

T.C. NO. 13CV1856 

(Civil Appeal from 

 Kettering Municipal Court) 

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O P I N I O N

Rendered on the 30th day of December , 2014. 

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BRIAN D. BRENNAMAN, Atty. Reg. No. 0088988, 1616 Turner Road, Xenia, Ohio 45385 

 Attorney for Plaintiff-Appellant 

 

THOMAS L. REAGAN, TLR Properties, 3430 S. Dixie Drive, Suite 303, Kettering, Ohio 45439 

 Defendant-Appellee 

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DONOVAN, J. 

{¶ 1} This matter is before the Court on the notice of appeal of Kevin Gati, filed June 2, 

2014. Gati appeals from the May 5, 2014 decision of the trial court that affirmed the Magistrate’s 

decision granting judgment in favor of Thomas Reagan in the amount of $330.00. We hereby 

affirm the judgment of the trial court. 
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{¶ 2} On October 29, 2013, Gati filed a Statement of Claim against T.L.R. Properties, 

LLC, and Reagan in the small claims division of Kettering Municipal Court. Reagan is the owner 

of T.L.R. Properties, LLC. The Statement of Claim provides as follows: 

On or about June 14, 2012, Plaintiff Kevin Gati and Defendant Thomas Reagan of 

TLR Properties entered into a lease agreement for property located at 1370 Devon 

Ave., Apt. E-1 in Kettering, Ohio. On or about June 11, 2012, a security deposit of 

$398 was deposited with Defendant. Plaintiff vacated the apartment on June 28, 

2013 in compliance with the lease. Plaintiff gave required notice of forwarding 

address when he turned keys in to the office on or about June 28, 2013. 

{¶ 3} On November 14, 2013, Gati filed a notice of voluntary dismissal of T.L.R. 

Properties, LLC, from the action. On November 25, 2013, Reagan filed a Counterclaim against 

Gati that provides as follows: 

Plaintiff failed to give proper notice so Defendant did not realize tenant had 

vacated. Plaintiff violated rental agreement [and] was harboring dogs. Plaintiff 

also did not clean the apt[.] per lease agreement. Cleaning charges, carpet damage 

totaled $1544.45. 

Wherefore Defendant prays judgment against Plaintiff in the sum of $1544.45 plus 

interest at a rate of 3%. 

{¶ 4} On December 3, 2013, Gati filed a Reply to Answer and Counterclaim. After a 

hearing on December 3, 2013, the Magistrate issued a report on March 11, 2014 that provides as 

follows: 

* * * 

It is the finding and recommendation of this Magistrate that on or about 
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June 14, 2012 Plaintiff leased from Defendant real estate commonly known as 1370 

Devon Avenue, Apt. E-1. Plaintiff also paid to Defendant a security deposit of 

$398.00 pursuant to the Lease Agreement. Plaintiff vacated the apartment on June 

28, 2013, Plaintiff states that he gave any required notice and a forwarding address 

to Defendant when he left the keys in the premises on or about June 28, 2013. 

Defendant filed a counterclaim alleging that Plaintiff failed to give proper notice of 

his intent to vacate the property. Defendant additionally claims that the Plaintiff 

failed to clean the premises pursuant to the terms and conditions of the Lease 

Agreement and as a result Defendant seeks a counterclaim in the amount of 

$1,544.00. Plaintiff admits that he left the keys and his forwarding address in the 

unit on a table and he did not otherwise confirm how or when Defendant received 

the same. Nevertheless, in August 2013 Defendant forwarded to Plaintiff 

correspondence itemizing the costs being deducted from the security deposit and 

identifying a balance due of $330.00. The Court finds that the Defendant properly 

addressed the costs, charges, and security deposit pursuant to the terms of the Lease 

Agreement. 

The Court finds, based upon all of the testimony and evidence presented 

that Plaintiff’s tenancy caused or resulted in the charges claimed by Defendant * * 

*. The Court further finds that after a proper credit for Plaintiff’s security deposit 

Defendant is entitled to recover $330.00 under his counterclaim. The Court further 

finds that Plaintiff’s claims and defenses are unsupported by any credible evidence 

and without merit. Plaintiff’s Complaint is dismissed. 

It is, therefore, the opinion of this Magistrate that Judgment should be 
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granted in favor of the Defendant and against the Plaintiff in the amount of 

$330.00, plus interest at 3% from the date of the Judgment, plus costs. 

{¶ 5} Gati filed objections to the Magistrate’s Report on March 27, 2014, asserting as 

follows: 

The Magistrate erred in his finding of fact that, Plaintiff states that he gave 

any required notice and a forwarding address to Defendant when he left the keys in 

the premises on or about June 28, 2013 and Plaintiff admits that he left the keys in 

the premises on a table and he did not otherwise confirm how or when Defendant 

received the same. And, that Plaintiff received itemize (sic) list on August of 

2013, and that Defendant properly addressed the costs, charges, and security 

deposit, and finding for Defendant. 

{¶ 6} On April 7, 2014, the Magistrate filed an amended report, noting that T.L.R. 

Properties, LLC was dismissed from the matter. In its Decision in favor of Reagan, the trial court 

determined as follows: 

* * * 

The Court has reviewed the Record of the Court, the Report of the 

Magistrate, the transcript of the Small Claims trial held December 3, 2013, and the 

Objections to the Magistrate’s Report and finds the evidence is reasonable and 

credible and that no error is apparent that would warrant a re-trial of this matter. It 

appears, therefore, that the Report of the Magistrate is in accordance with law and 

orders the same incorporated here as if wholly rewritten. 

IT IS, THEREFORE, THE ORDER OF THIS COURT, that judgment 

be granted in favor of the Defendant, Thomas Re[a]gan, and against the Plaintiff in 
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his counterclaim, in the amount of Three Hundred Thirty Dollars ($330.00), plus 

interest at the statutory rate of three percent (3%) per annum from the date of 

Judgment, plus costs expended. 

{¶ 7} Gati asserts two assignments of error herein, which we will consider together. 

They are as follows: 

“THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT DISMISSED 

PLAINTIFF’S CLAIMS,” 

 And, 

 “THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT FINDS 

PLAINTIFF’S CLAIMS AND DEFENSES UNSUPPORTED BY ANY CREDIBLE EVIDENCE 

AND WITHOUT MERIT.” 

{¶ 8} Gati asserts that his “rent was wrongfully withheld in violation of R.C. 5321.16. 

Therefore, the trial court erred as a matter of law when it dismissed Mr. Gati’s complaint and 

entered judgment for Mr. Reagan. Mr. Gati submitted credible evidence to substantiate his 

claims.” 

{¶ 9} A transcript of the hearing before the Magistrate is not in the file before us. As this 

Court recently noted, the Supreme Court of Ohio has determined as follows: 

The duty to provide a transcript for appellate review falls upon the appellant. This is 

necessarily so because an appellant bears the burden of showing error by reference 

to matters in the record. * * * When portions of the transcript necessary for 

resolution of assigned errors are omitted from the record, the reviewing court has 

nothing to pass upon and thus, as to those assigned errors, the court has no choice 

but to presume the validity of the lower court's proceedings, and affirm. * * *. 
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Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199, 400 N.E.2d 384 (1980). 

Baker v. Baker, 2d Dist. Montgomery No. 26167, 2014-Ohio-5066, ¶ 5. 

{¶ 10} In the absence of a transcript, we presume the validity of the proceedings below. 

Gati’s assigned error(s) are accordingly overruled, and the judgment of the trial court is affirmed. 

. . . . . . . . . . . . . 

FAIN, J. and HALL, J., concur. 

Copies mailed to: 

Brian D. Brennaman 

Thomas L. Reagan 

Acting Judge Jay Newberry 

cc: Hon. Frederick W. Dressel