Legal Question in Landlord & Tenant Law in Ohio

I gave a notice of intent to vacate apartment on 20 Feb which is prior to my end of lease term(30 April). I requested the extend move out date to 15 March but they said that they re-rented the apartment so I have to move out by 25th Feb else I will be financial responsible for any loss if they loose the contract with new tenant because new tenant will move in on 9th march and they want to get the apartment ready.

Now they asking me to pay ~$1900(60 day notice+$800) as total lease buyout amount. I have checked my lease agreement but I don't see any 60 days notice clause or any termination fee.

I have a termination clause " if you vacate your apartment prior to end of term, you agree to pay, in addition to any physical damages and unreasonable wear and tear, the turn over cost(including but not limited to the cost of painting your apartment,generally

Cleaning apartment,shampooing the carpet in your apartment and advertising cost relating to reletting of the apartment),the full monthly installment of rent payable for the last month during any part of which you occupied the apartment, and the rent for reminder of the term except for any rent we may recover by reletting your apartment.notice to vacate must be given on or before the 1st day of the month preceding date of intent to vacate.

Since landlord has already re rented the apartment, am I still responsible to pay lease buyout amount? I love in Loveland Ohio 45140.


Asked on 2/27/13, 3:27 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, upon the tenant's breach of a lease agreement, the landlord can only recover his actual damages. Thus, if you paid for January and February's rent, and the new tenants were paying for March's and April's rent, then the landlord will not be able to collect double rent.

As for the damages (if any) at the apartment, you will want to remove your belongings, clean the place, and repair any damage beyond normal wear and tear that you did. You will also want to walk through the place with a video camera on your last day of possession so that you can show a court the condition that you left it in if it ever comes to that.

You will also want to send the landlord written notice of your forwarding address for your security deposit by certified mail and regular mail, keeping a photocopy of what you sent. That way if the landlord improperly keeps any portion of it, you can sue for double damages and attorneys fees under Ohio Revised Code Section 5321.16.

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Answered on 2/28/13, 9:30 am


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