QUESTION

can a landlord go up on rent when there is no contract?

Asked on Apr 02nd, 2013 on Landlord and Tenant Law - Ohio
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1 ANSWER

Auto Accident Attorney serving Maumee, OH
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Dear Alicia:  Generally speaking, when there is no lease or contract (written or oral) regarding rent, then the lease is treated as a term lease based upon how often you pay rent.  For example, if you pay rent every month, then it would be treated as a month to month lease.  If you pay rent every 6 months, then it would be treated as a 6 month term.  I am presuming that you pay rent every month, so you most likely have a month to month lease.  Likewise, I am presuming that you are talking about residential proeprty (i.e. where you live).  In a month to month lease with no contract, the law provides that your lease expires at the end of every month, and can be renewed at the beginning of every month if the parties agree to the terms.  Likewise, the terms can change at the beginning of each month.  So if your landlord informed you, with sufficient notice, that the rent would increase, that is permissible.  You then have the option of accepting the terms and paying the rent, or ending the lease and moving out.  If you do decide to move, you must give at least 30 days notice of not renewing the lease (i.e., if you plan on leaving at the end of April, you must have given notice no later than the end of March).  If the landlord informed you of the change in the middle of a month, the change cannot take effect until one full term has expired (i.e. if he informed you of the rent change on March 15, the new rent cannot take effect until May 1).  See R.C. 5321.17(B). If you are not referring to residential property, then the law provides that the terms of the lease can be changed or terminated at any time by either party when there is no contract (written or oral). Best of luck.
Answered on Apr 03rd, 2013 at 3:38 PM

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