Samsung G800 – Fortus Mobile Phone Review

Samsung G800 – Fortus Mobile Phone Review

Raising the Standards in Mobile Imaging

The latest addition to the small, but growing, group of 5 megapixel camera phones is the stylish Samsung G800. While this amazing slide phone wasn’t the first with a 5 megapixel camera, the G800 is the first mobile phone to include an optical zoom with such a high quality camera. This Samsung masterpiece is also one of the best looking high quality camera phones currently available.

The latest imaging technology can not yet be packaged into an ultra-slim, super lightweight casing, but the Samsung G800 is comfortable to hold and is an ideal size for taking pictures. The shiny, silver casing is subtle, but sleek, and the G800 sports a trendy slider design. The full colour display screen takes up most of the phone’s face, measuring 2.4 inches, and is perfect for viewing the incredible pictures captured with the phone’s camera.

A simple navigation pad is located at the bottom of the screen, along with two soft keys and the call buttons. The Samsung marvel slides open to display a typical flat, slider-style keypad. The top row of buttons may be more difficult to access, but the other keys may be more easily distinguished than the buttons of many smaller handsets. Turn the G800 over and the handset transforms into a digital camera, quite similar and comparable to a dedicated camera.

The 5 megapixel camera is the most appealing feature of this stylish slider and there is no doubt why. The Samsung G800 is currently the premier camera phone and could seriously rival some of this year’s hottest handsets, including the iPhone. Not only does the G800 take digital camera style photographs that can be printed on your Pictbridge compatible printer directly from the handset, it also features a number of features previously only found on standalone cameras, like Wide Dynamic Range and face detection. This camera phone also boasts a user-friendly camera-like interface that is a first for mobile phones.

The Samsung G800 takes both pictures and videos and features integrated editing software for both. The optical zoom feature pushes the G800 ahead of the competition and the power of a real Xenon flash ensures perfect shots day and night. The music player and integrated, stereo FM radio are just as impressive, supporting all common formats and providing high quality sound.

The G800 is an all-around good mobile phone. The internal memory is more than many handsets, at 160 MB, and a memory card slot allows unlimited storage for your favourite songs, pictures, and games. The Samsung G800 supports most types of messaging, including email attachments, and features 3G connectivity as well as Bluetooth. Unfortunately, wi-fi connectivity was forgotten.

Besides the lack of wi-fi and the somewhat bulky size, the G800 is a stylish phone that is paving the road for camera phone technology. The Samsung G800 may just earn the recognition of this year’s most magnificent mobile phone. It’s difficult to follow up on the successful U600 and G600, but Samsung has done it successfully and can consider the G800 to be another feather in its cap.

Decorating for a New Years Eve Party

Decorating for a New Years Eve Party

Decorating for a New Years Eve party is a very important part of the party planning. A host may spend a great of time worrying about the food and beverages or the guest list but may not give adequate attention to the decorations. This is unfortunate because the decorations at a New Years Eve party can do a great deal to help set the atmosphere for a New Years Eve party. This article will offer some advice on decorating for a New Years Eve party including popular decorating ideas and tips for incorporating themes into the decorations.

One of the most common decorating ideas for a New Years Eve party is to incorporate Christmas or winter decorations into the party decorations. This is considered acceptable because of the proximity of New Years Eve to Christmas. Most people still have their Christmas decorations up and if they plan to host the New Years Eve party in their home it is understandable that the décor for the party will relate to Christmas. Decoration ideas may include a Christmas tree with ornaments, red bows, holly, silver candlesticks and pinecones. An assortment of pinecones in a glass bowl can make a great centerpiece for a New Years Eve party using Christmas decorations.

Themes for a New Years Eve party do not have to follow any particular guidelines. These parties can be based on any theme which is preferred by the host of the party. However, when a theme is incorporated into the party planning it is expected that the décor for the evening will reflect the theme of the party. For example a New Years Eve party with a beach theme could feature sand sculptures as centerpieces, plates shaped like seashells, a decorative fishing net as a tablecloth or any other related items which may reflect the theme of the party.

Another fun idea for decorating at a New Years Eve party is to ask each guest to bring an item to contribute to the décor for the evening. This results in a rather eclectic assortment of items decorating the party space but it also greatly reduces the amount of time, energy and money the host has to spend on decorations for the party. It also created an opportunity for guests to get to know each other. During the course of the party the guests will have the opportunity to view all of the decorations on display and may wonder about where each item came from and if there is any significance to the item. Later in the evening the guests can each have the opportunity to talk about the item they brought and explain why it is significant to them and why they chose to bring this particular item. This is like an adult version of show and tell.

Finally in decorating for a New Years Eve party, it is important to ensure the decorations for the party contribute to the atmosphere but do not detract from the party in any way. The guests should notice and appreciate the décor for the evening but the decorations should not be the focal point of the evening. This is important because the focus of the evening should be on the food, the entertainment, the activities and guests socializing with each other and having a good time.

Classic Movie Birthday Party Theme

Classic Movie Birthday Party Theme

If you are like most adults in the world you search far and wide for a somewhat unique theme for the next great birthday bash. If you are at a bit of a loss this year, how about going with a classic movie theme. You can either choose one movie or let guests come dressed as favorite characters from individual movies and have a hodgepodge collection of music and DVDs available to set the theme for the party. You can also elect to have movie posters from the movie (if going with a specific movie theme) or a variety of great classics if going with the flow and letting everyone become their favorite classic movie characters. If you want to get really creative you can assign characters to guests and make an adventure of having guests try to guess the character and the movie.

The sky is the limit when planning a classic movie birthday party. If you are considering going with one specific movie however, please feel free to select from some of the excellent themes and ideas below.

1) The Godfather. I can’t think of a more appropriate birthday party for a good many of the men I know. It’s a great classic movie and the guys will have a great time going over their favorite Godfather lines all night. Have some great Italian music, Italian food, and plan for a night of fun. Don’t forget to have the movie on hand so that arguments over infamous lines and old scores can be settled.
2) Casablanca. This is great theme for a birthday party for the one you love or a romantic celebration such as Valentine’s Day or an anniversary. Have white table clothes, the soundtrack from the movie, an elegant dinner, and dress in clothes appropriate for the era. This is a classic movie and will definitely be a night and a party to remember.
3) Star Wars has finally attained status as a true classic and while it may be more modern than what many have in mind for those of the thirty something generation it is a great movie to incorporate and will make for a ton of fun that really is out of this world. Again the soundtrack and the DVD make lovely companions to a party of this theme and you can argue over favorite lines and make wagers accordingly. Wage war with blasters and light sabers and dress as your favorite characters or assign characters to various guests.
4) Favorite Movie Villains. This is another great theme for a classic movie party that doesn’t get used nearly often enough. I think we all have one villain that we can identify as a favorite rather it was one that scared us into spilling our pop or one that we can identify with to some extent it is great fun to celebrate life by exploring that little touch of darkness within. It also tells a lot about the people you call friends.
5) Old Westerns. For those who are looking for the perfect excuse to start a campfire and sing campy old trail riding music, there is little like a wild western movie theme to make those dreams a reality. You could even complete the evening with cowboy karaoke and s’mores. Just make sure you have plenty of your favorite westerns on hand in case you forget the lyrics.

Classic movies provide an excellent source of inspiration for all manner of wonderful ideas for themed birthday parties. You could even go with a John Wayne theme, World War II theme, Steve McQueen, or Clint Eastwood birthday party theme. Let your imagination run wild and have a great time making the plans and choosing the decorations for your perfect classic movie birthday party ideas. You never know when you’ll end up striking gold and creating the perfect night for the special someone you know and love.

Blackberry 8300 Curve – Fortus Mobile Phone Review

Blackberry 8300 Curve – Fortus Mobile Phone Review

Close but not Quite Perfection

With mobile phones looking to narrow the gap all the time between themselves and the dedicated PDA handsets on the market – the Apple iPhone springs to mind – manufacturers like Research In Motion (RIM) are having to try even harder to make their products stand out. Enter the new Blackberry 8300 Curve, with a host of new features yet, surprisingly, some glaring ones too.

The fact this new Blackberry has come out so soon after the 8800 model says everything there is to know about just how good mobile phones are at the moment – RIM is obviously worried about the diminishing market. However, PDA’s like the Blackberry 8300 Curve can still offer some features mobile phones can’t, and it’s these features that make this such an exciting product.

The main difference between this model and the recently released 8800 is that the Curve is a lot slimmer. In fact, with the change in size that RIM has given the Blackberry 8300, you’d be forgiven for thinking that you’re holding a normal mobile phone in your hand. The only thing that gives it away is the standard QWERTY keyboard just below the large display screen.

Design-wise, the 8300 Curve benefits from a black and silver colour scheme, which offers it just the right amount of futuristic styling that PDA users seem to love. It’s extremely lightweight as well, at least for a PDA, and is full 1.5 ounces lighter than the Treo. It feels good to hold as well, thanks to the small addition of rubber grips on the side, making it feel more secure and less prone to slipping from your grip.

A neat little trick is that the 2.5-inch screen has sensors that detect what the lighting conditions are like. Too dark or too bright, and the Blackberry 8300 will automatically adjust the brightness and contrast. This makes it a lot easier to navigate your icon-driven menus, and is a definite step in the right direction, not just for Blackberry but PDA’s and mobile phones in general.

Unlike some similar models, the screen isn’t touch-sensitive; however, there is a little trackball nub that you use to move around the screen. Using the keyboard is a lot easier on this model as well, with RIM reverting back to the larger spaces between each of the QWERTY keyboard elements. The smart screen allows pictures taken on the 2.0meag-pixel camera to look just that little bit sharper, especially if you compare pictures from an equivalent specced mobile phone camera. However, there’s still no video playback option.

If there is one thing that stops the Blackberry 8300 Curve from being almost perfect, it’s that it’s not a 3G unit. This seems almost criminal when you look at the features it does come with, yet for some reasons, RIM haven’t seen fit to supply the 8300 with 3G features. There’s no Wi-Fi support either, and again it seems like a missed opportunity. It does make up for this a little by being quad-band, but Wi-Fi would have been nicer.

Yet the Blackberry has always been about its office suite and more professional approach than a mere mobile phone can offer. In that respect, it doesn’t disappoint at all.

70s Theme Party Theme Ideas

70s Theme Party Theme Ideas

Travel back in time for a 70’s theme party. With wild colors and clothing, this type of party is a great way to liven up any mood.
Set your theme around “Saturday Night Fever” and you’re ready to hustle.
Decorations
Here’s what you’ll need for a great 70’s party theme:
* Disco ball
* Place every mirror you have in the house to reflect strobe lights
* Smiley faces
* 70s TV and movie posters
Dress
Wear bell-bottom Levi’s or Wranglers or go all out with your leisure suit. Feather your hair like Farrah Fawcett or Andy Gibb.
Give away prizes for the best dressed.
Food/Drink
What should you serve? Have a table with punch, both spiked and plain. Foods can be easy finger foods, such as chips and dip, veggies, and cheese and crackers. If you want to put in a bit of extra effort, offer sundaes or create a soda fountain in the corner of the room.
Activity Ideas
Serve your food of choice on these tie-dyed party plates and tableware. Drinks can be served in psychedelic light up glasses.
An easy choice of games is to play a game of 70’s trivia. There are several available including Trivial Pursuit 70s/80s editions.
Play clips from 70’s TV shows or movies and competing teams guess first what movie/show the song was from.
70’s karaoke is lots of fun and gets everyone laughing.
Complete the night with Saturday Night Fever karaoke and disco contests!

Samsung F700 – Fortus Mobile Phone Review

Samsung F700 – Fortus Mobile Phone Review

Ultra Smart and Ultra Sleek Touch Screen Breakthrough

Making its bid for touch screen mobile phone domination is Samsung’s 3G Smartphone, the F700. It may look very similar to the iPhone, but some may argue that it is much better, especially those who are used to the older Samsung phone models. What you will not find on the older models that makes the F700 so special is the large full control touch screen. Whilst the Samsung G600 or G800 will need a navigation key or a joystick to scroll through your phone’s menu, the F700 will only require a light tap on the screen.

Some users have complained that there are too many taps to be made on the mobile phone just to make or answer calls. There is a reason for this – the touch screen is ultra sensitive. Even if you must unlock a couple of security buttons before you can answer your incoming calls, or make outgoing ones, you’ll be assured that the phone won’t unlock in your pocket and start calling random people on its own.

Another unique and exciting feature of the F700 is the full-sized QWERTY keyboard that slides out on the side for easier text and email composition. There is also an on-screen QWERTY keyboard, but as the touch screen phone is a new technology, Samsung thought first-timers would like to be eased in to it and provided an alternative. Like all QWERTY keyboards, you should type in text messages and emails with both hands on the Samsung F700. This should be easy to master, as it is exactly like typing on your computer keyboard, and faster than texting on a regular mobile keypad.

The F700 is so much more than an Ultra Smart touch screen mobile phone. It runs on an HSDPA network to quickly connect you to the internet, which will be enjoyable thanks to its huge 2.78 inch-screen and HTML browser. Its 3G technology allows 3G compatible features, particularly video calling, and the phone is Java supported, which means you can download and install favourite applications, as well as enjoy a slew of available games. Its offline mode is another valuable feature; even if your phone is unusable for calls, you can still use the rest of the mobile phone’s features, such as the 3 megapixel camera with auto-focus, the video recorder and the music and video player. The Samsung F700 also comes with free Bose headphones to give you an all-around better sound experience.

As it has a full colour touch screen and a full slide board with a keypad, the Samsung F700 may seem too large a phone to lug around. On the contrary, this mobile unit fits snugly in your hand and is surprisingly lightweight. This is because the casing is made of plastic. Fortunately, it doesn’t look plastic, as the finish is ultra sleek and polished, so much so that the phone may even seem slippery. Some users have been terrified of having the F700 accidentally slip out of their hands. But then, this phone is too smart and sleek for that to happen.

Baby Shower Ideas: Choosing The Right Decorations

Baby Shower Ideas: Choosing The Right Decorations

Choosing the right baby shower decorations are an important part of the shower planning process. Depending on the time and budget of the baby shower party, there are numerous ideas for baby shower decorations available. The host of the baby shower party can get dozens of ideas for baby shower decorations that will certainly liven up the gathering.

Baby shower decorations can be as simple or as elaborate as the host wishes. Baby shower decorations help make every baby shower party extra special for the mom-to-be. There are a number of ways to decorate a baby shower party. The possibilities for baby shower decorations are endless.

Setting up baby shower decorations

When setting up baby shower decorations, the first thing to consider is the theme of the baby shower party. The theme of the baby shower party will have a bearing on the type of baby shower decorations needed to liven up the party area. The baby shower party may have a traditional theme wherein baby shower decorations would include silver and china.

However more and more baby shower parties are adopting modern themes that make use of popular cartoon characters. The baby shower decorations for this type of baby shower party are centered on the specific character used as theme. Many stores that specialize in baby shower decorations have a wide assortment of designs for baby shower decorations.

Ideas for baby shower decorations

Baby shower decorations need not be big and expensive. Imagination and creativity play a big part in the selection and arrangement of baby shower decorations. With a little ingenuity, putting together a baby shower party need not break the bank.

When setting up the area of the baby shower party, it is often best to stick to simple baby shower decorations that will not make the place look too gaudy. Seasonal flowers and a number of party toys for baby shower decorations make for a simple yet cozy gathering for a baby shower party among family and friends.

For a more elaborate baby shower party, baby shower decorations will include a lot more than flowers and a few toys. But fortunately most of these items can be re-used for other occasions like a child’s birthday party. Or the host may give the baby shower decorations to the couple after the party as souvenirs or toys for the new baby.

Inexpensive baby shower decorations

Balloons are a great way to perk up the scene of any party. Colorful balloons can be arranged together to create a focal point at the tables of the baby shower party. In addition, to prevent the balloons from flying off, small baby items like baby bottles or soft plush toys can be tied at the end of the string.

Everyday, ordinary baby items also make great baby shower decorations. A baby bath tub can be used as a punch bowl during the baby shower party. The tub may also be used as a receptacle to hold the different gifts given by guests for the mom-to-be. The tub may be decorated with ribbons and balloons to coincide with the theme of the party.

Umbrellas also make for interesting baby shower decorations. These may be hung upside down from the ceiling with colorful streamers tied to the ends of the umbrellas.

Baby shower decorations can be created from simple items. Resourcefulness is the key to creating wonderful baby shower decorations that don’t cost much.

Wondering About Mobile Marketing? Use These Tips! (3)

Wondering About Mobile Marketing? Use These Tips!

One of the worst and most common mistakes that can be made when it comes to mobile marketing is the lack of respect for individuals privacy. This can be extremely intrusive when dealing with personal mobile devices. For more great tips on what to do and not to do with this type of marketing, read on.

Allow your subscribers the option to opt-out of receiving your texts. The format of your messages should automatically include an “opt-out” set of instructions or sentence. You need to use words that get the message across that they can get out of your messages. This includes words like “UNSUBSCRIBE” and “STOP.”

Be sure that you modify your blog so that it looks great on any type of mobile device. This is imperative if you’re using a blog to communicate with people. Your blog might look okay from the Android, but iPhone might slaughter it. You will need to get to work modifying it before other people are scared away.

Test your program before you start it. Customers do not like broken links, or dead images. Have your business, family, or even a few customers test your messages before you start sending them en masse to your market. Get their feedback to perfect whatever might go wrong, and your customers will thank you for it.

Never send out any type of unsolicited messages. This will just be spam to people, and you may end up losing potential customers quickly. If they get a message from someone or some company they don’t know, they will probably just delete it right away, and be a little frustrated.

Remember when mobile marketing that not every mobile device is the same and thus the content you develop needs to cater to the general field and not anything overtly specific. For instance: Some people have slower connections than others, while others have smaller screen sizes. Be encompassing and not specific.

Make your messages viral. Text messages can be very quickly and easily forwarded to other people. Yous should sometimes ask your subscribers to invite their friends if they enjoy your service. Make sure to include opt-in instructions. You may be amazed at how quickly that can make your database grow.

Mobile ads need a stronger call to action than regular ads, so make sure that you’re proficient at providing this type of material. A dozen exclamation points and some words like “must” and “now” aren’t going to cut it. You need to come up with a wording that will persuade people in only a short sentence or two.

Use QR codes on all of your print materials, from business cards to product packaging. This is a great way to give people quick access to all the content you want to provide, from cleaning instructions to alternate uses. You can even have a link to a coupon for future purchases, or a sale page.

To wrap it up, you want to make sure that not only you are getting your message out to the right audience but also doing it in a way that shows respect to your customers. Hopefully this article provided plenty of information to help you with your mobile marketing plan.

Adult Costume Ideas! Spice Up Your BBQ With Cool Costume Theme Parties

Adult Costume Ideas! Spice Up Your BBQ With Cool Costume Theme Parties

Our 2006 Summer has finally arrived, and for all the costume party enthusiasts that just can’t wait for Fall for Halloween to arrive once again, you may be searching for some really cool adult costume ideas for your next hot summer shindig!

The BBQ is ready, the burgers are seasoned, but you want to add a little more pizzazz to your outdoor summer party. So you decide to throw a costume party, but where do you begin? I will help you with some fun ideas that will have your guests requesting a costume encore party for many summer seasons to come.

Throwing a home and backyard costume party is a great way to entertain your guests, and is a fantastic way for new people to meet other individuals in a fun and interactive environment.

If you have gone to a get-together in the past where you don’t know many people, it can sometimes be very awkward, but when you create an interactive theme and add fun costumes, everyone can play the part, plus it allows all the guests to mingle comfortably in a unique non-stressful atmosphere.

Before sending out your invitations, you want to create a costume theme that is not difficult to achieve, and does not cost a lot of money. Some of the most popular theme parties in the past have been Hawaiian, Mardi Gras, Masquerade parties, but how about you get a little more creative and think of something that may not have been done yet, and if you’re having some difficulty coming up with any ideas, let me help you!

If You And Your Guests Love Movies, Fantasy, And Adult Party Themes, Read On!

When organizing a birthday party for children, it’s usually very simple and most kids enjoy being a clown, cowboy & cowgirl, or their favorite sci-fi characters. However, for adults you want to create a little more stimulation for the guests, and create that party theme that people just want to be a part of and talk about for weeks on end afterwards.

How do you go about creating this knockout theme party you ask? It’s simple! First you have to understand the type of guests you are going to invite, and then tailor the theme around what they like and their personalities.

This will determine how risky or tame your adult costume party will turn out to be. You don’t want to go too crazy if you happen to invite your parents, or future In-laws, and you don’t want to go to soft if you have a wild group of friends that like to go all out!

Adult Fun Starts With A Unique Theme And What You Create Around It

Once you determine your guests’ character traits, your next step is to find decorations, and also have your food complement the theme of your party. So you have a wild bunch of partiers? How about having a “Saran Wrap Party”! This one is easy, all you have to do is get all your guests to arrive wearing only Saran Wrap, and they can get as creative as they like, or they can be as revealing as they feel comfortable with. How about having a backyard beach party with a twist. All the men have to wear a one or two-piece women’s bathing suit, and the women have to wear men’s attire such as board shorts and beach shirts.

Now I know you may be asking where the fun is for the women wearing guys attire. The whole purpose is to get the guys in those g-string bikinis and create a really funny atmosphere. The men will be feeding off the humour and the women will feel less intimidated and possibly more open to the environment when meeting new guys at your party.

Whatever you decide to do, have fun and use your imagination. Get balloons, streamers, and lots of fun decorations, because they will really add to your theme and party atmosphere.

If you need to find costumes and accessories, and you just don’t have the time to drive all over town to find something really cool, consider many of the online costume shops that are offering fantastic summer deals! This is the best time to find what you need, because it’s not as busy as the fall season, and you will get your selected items quickly, and just in time for your next summer costume bash. Good luck and have fun!

Landlord’s Corner – Apartment lease agreement Late fees in Ohio

Landlord’s Corner – Apartment lease agreement Late fees in Ohio

A. Limits As To Amounts

There are two lines of cases in Ohio which deal with whether courts will enforce lease provisions allowing a landlord to charge tenants for late fees. These lines of cases come to slightly different conclusions, but the bottom line is that landlords need to be very careful in charging tenants for late fees.

The first line of cases comes to us from the Eighth Appellate District. In the case of Siara Management v. Nedley, 1992 Ohio App. LEXIS 5265 (Oct. 15, 1992) Cuyahoga App. No. 61433, unreported, the lease called for the tenant to pay $30.00 in late fees if he was late five days, and $70.00 more if he were late ten days. The landlord tried to charge these amounts to the tenant and litigation ensued.

The Eighth Appellate District held that there is distinction between liquidated damages (allowable) and penalty clauses (not allowable) and that the court would use a three part test to distinguish between the two. Late fees would be allowable as liquidated damages if they were designed to compensate the landlord for damages which were:

(1) uncertain as to amount and difficult of proof, (2) the contract as a whole is not so manifestly unconscionable, unreasonable, and disproportionate in amount as to justify the conclusion that it does not express the true intention of the parties, and if (3) the contract is consistent with the conclusion that it was the intention of the parties that damages in the amount stated should follow the breach thereof.

In Nedley, the landlord did not make it past the first hurdle of the test. All that the landlord argued in court was that the late payment by tenants led to late payment charges assessed to the landlord by his creditors. The Court reasoned that “Any party due money could claim that the resultant decrease in cash flow might result in late charges against it. That is unduly speculative.” Had the landlord come to the court with evidence that the tenant’s late payment had caused him to incur damages in specific amounts, then those specific amounts might have been recoverable.

The Eighth District Court of Appeals also came to a similar conclusion in 200 W. Apartments v. Foreman, 1994 Ohio App. LEXIS 4081 (September 15, 1994), Cuyahoga Co. App. No. 66107 regarding a late fee of only $2.00 per day. In that case the court also found it significant that the landlord had shown no proof of its actual damages.

However, another of Ohio’s appellate district treated the matter very differently. In the case of Calabria v. Green, 1995 Ohio App. LEXIS 3903 (September 8, 1995), Trumbull Co. App. No. 95-T-5181, the Eleventh Appellate District Court held that while late charges of $10.00 per day (for 38 days) was not enforceable, “an agreed upon, one-time late fee, that is reasonable in proportion to the rental rate, and that has a rationale basis supporting the imposition of the charge, is proper.”

The Eleventh District Court of Appeals again came to the same conclusion in the case of Wadsworth v. Starcher, 1998 Ohio App. LEXIS 2909 (June 26, 1998) Trumbull Co. App. No. 97-A-0054. In Wadsworth, the Court agreed with the trial court that $5.00 per day in late charges over 92 days was not enforceable, and that the trial court’s reduction of the late fees to $100.00 was proper.

It is clear that “parties to a lease agreement can agree to anything they wish within the limits of the law.” Village Station Assoc. v. Geauga Co. (1992), 84 Ohio App.3d 448 at 451. The real question is: what are “the limits of the law”? R.C. 5321.14 prohibits parties to a lease from agreeing on illegal or unconscionable terms.

B. No Late Fees Under Oral Contracts

Where there is only an oral contract between the landlord and the tenant, at least one Ohio Court has held that no late fees can be assessed. Neubauer v. Patzkowsky, 1992 Ohio App. LEXIS 2919 (June 2, 1992) Franklin Co. App. No. 91AP-1236.

C. Waiver of Late Fees

Some landlords will try to collect late fees which have piled up over months and months. In the case of Habegger v. Paul, 2004 Ohio App. LEXIS 1971 (April 30, 2004) Wood Co. App. No. WD-03-038, a landlord sued the tenant for late fees which accumulated over a 14 month period. The Sixth District Court of Appeals held that the landlord waived his right to collect the late fees upon eviction by continuing to accept the tenants’ rent payments and not pursuing eviction until approximately 14 months after the first late payment. The Court reasoned that:

A party may voluntarily relinquish a known right through words or by conduct. State ex rel. Ford v. Cleveland Bd. Of Edn. (1943), 141 Ohio St. 124. In Galaxy Development Ltd. Partnership v. Quadax, Inc., 2000 Ohio App. LEXIS 4651 (October 5, 2000) Cuyahoga Co. App. No. 76769, the Eighth District Court of Appeals found that the landlord waived its right to collect holdover rent from the tenant by continuing to accept the original rental payments after expiration of the lease. The Galaxy court cited Finkbeiner v. Lutz (1975), 44 Ohio App.2d 223, wherein lessees failed to make timely payments of rent on numerous occasions and lessors accepted the late payments. The Finkbeiner court held that the failure of the lessors to make timely objection to the late payment of rent amounted to a waiver.

Courts in Ohio will not allow a landlord to collect late fees which have piled up over a significant period of time.

D. Dangers for the Landlord

Where a landlord can get into trouble with late fees is in a dispute over a security deposit. Let’s say the landlord has collected a security deposit in the amount of $500.00. The tenant leaves at the end of the lease term. The landlord finds $300.00 in damages at the apartment and also assesses $250.00 in late fees. Perhaps the landlord cannot show the court actual damages in the specific amount of $250.00. Maybe there was only an oral agreement between the landlord or the tenant. Perhaps the $250.00 in fees resulted from the landlord’s practice of letting the late fees pile up over time.

If any of these are the case, there is a good chance that even in the more landlord sympathetic appellate districts, the landlord will only be allowed to charge the tenant a greatly reduced amount if the facts fit the first example, and perhaps nothing at all if the facts fit the second or third examples.

This will leave $100.00 or more that should have been returned to the tenant, entitling the tenant to double damages and attorneys fees under Ohio Revised Code Section 5321.16. While double damages in the amount of $200.00 might not be all that big of a deal, wait until you get to the mandatory hearing on reasonable attorneys fees. Now we’re talking real money.

If you are trying to evict a problem tenant and your only basis is a failure to pay late fees, then the arguments above may have a bearing upon the issue of who has the right to possession when you get to the F.E.D. hearing. If a tenant can show the court that he stood ready at all times to pay the late fees, but that the landlord was holding out for an unreasonable amount, or if the tenant can show that he and the landlord engaged in a pattern of conduct of acceptance of late payments without protest, this could defeat the eviction action.

E. Lessons to Be Learned

One of the lessons to be learned from all of this is that late fees are something of a minefield when it comes to using them to reduce the amount of the security deposit returned to a tenant. The same is true when we are talking about evictions based upon a failure of the tenant to pay late fees.

Landlords should be aware of the problems that may arise when late fees are argued. Informing your attorney of your past practices with regard to late fees can save you both a lot of embarrassment, and perhaps allow the attorney to alter course in his arguments to get around potential hurdles.