Legal Question in Landlord & Tenant Law in Ohio

Hello my name is Gerald Baker. Here's my situation. I really need legal advice. My previous landlord and I had a verbal agreement for the month of Nov and Dec that rent would be paid on the 15 of those months. For the month of December, I paid him the full amount of rent on December 8th. Along with an official 30 Days Notice that we were leaving the premises, in which he read and signed. Unfortunately, we over stayed the 30 day period by 4 and a half days, due to the new place not being ready for move in. Here's my question, although the 8th ended our 30 day period, am I still obligated to pay him rent from the 1st of January until the 14, the day we were completely out? Or do I pay the daily prorated amount for the 4 and a half days we were over the 30 day period? Which is right and legal? Help me please


Asked on 1/15/13, 11:59 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, tenants who wish to terminate a month to month lease agreement must give the landlord 30 days notice from the beginning of the next rental period (R.C. 5321.17). That means that the 30 day notice you gave him in December did not technically start to run until January 1, 2013 and you would owe for the entire month of January.

Your landlord might not realize his rights in this matter however, so if your landlord is offering a better deal than paying the full month of January, you might want to jump on it.

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Answered on 1/15/13, 12:46 pm


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