QUESTION
Moving out after the year lease is up
Asked on May 07th, 2014 on Landlord and Tenant Law - Ohio
More details to this question:
Hello, I was in a year lease with my current landlord which expired more than a year ago(lived there for 3 years almost) After the lease was up, we were told it would be on a month to month basis. No new agreement was signed and we have continued to pay rent. We found a new home, and have intended to move their for about a month. The new landlord requested a note from old landlord in writing stating we paid rent and such. When we asked the old landlord he said he was to busy and could not do that. We then told him that we would be moving the first or second week of May. (Had no final date because new landlord wanted note from old landlord) When we found out we got the place anyway we told old landlord as soon as possible. About 2 weeks notice, but also allready had the approximate date notice) he is now saying we must give 30 days and we WILL pay him a full months rent and not a prorated amount based on us being moved out by next week. Who is right?
1 ANSWER
Unless there is a written agreement that provides otherwise, your landlord is correct. When a written lease ends and is not renewed, the lease converts to a periodic agreement based upon the manner in which rent is to be paid. For example, if you pay monthly to rent the premises, then the lease becomes a month-to-month lease based upon an oral agreement. Essentially, you and the landlord enter into a new lease agreement every month that you stayed and are obligated to pay rent for that entire month.
Under Ohio law, a month-to-month lease can be terminated by either party with at least a full term's notice of intent not to renew the lease or to vacate the premises. That means that you must give at least one month's full notice of intent to move out. And the notice must be given before or at the start of the term. If it is given after the start of the term, then the 30 day period does not begin to run until the start of the next term. For example, you have a month to month tenancy. You decide on April 15 you are going to move out. You give notice on April 15th of this intent to move out on April 25. The 30 day period would not begin to run until the start of the next term, which would be May 1. Therefore, in this example, you would be responsible for all of April's rent, as well as all of May's rent, since the notice period does not begin to run until May 1, and the 30 day period does not end until the end of May. Unfortunately, Ohio law does not provide for pro-ration of rent when you move out in the middle of a term, unless a written agreement states otherwise.
Best of luck to you.
Answered on May 08th, 2014 at 3:49 PM