Legal Question in Landlord & Tenant Law in Ohio

Our land lord wants s 60 dsy notice for use to move out but our lease ended on Sept 1 2013 what should we do


Asked on 7/10/14, 4:42 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, you need to look at the written lease you had with the landlord even though it is over. There is probably a clause in that lease stating that once the lease ends the relationship between the landlord and the tenant will become that of a month-to-month tenancy or some leases state that it will renew for another year.

It sounds to me like you may be on a month-to-month tenancy. Ohio's landlord-tenant act of 1974 is Ohio revised code 5321. That act is broken down into 18 or 19 different subsections, but the 17th subsection is the most important for what we are discussing now. Ohio revised code 5321.17 states that either the landlord or the tenants may terminate a month-to-month lease agreement for any reason or no reason whatsoever so long as 30 days notice is given by the person wanting to terminate the agreement to the other person.

The only tricky part about the timing here is that the 30 day notice only begins to run from the beginning of the next rental period. For instance if the rental period runs from the first of each month, if you were to give notice to the landlord that she wanted to terminate your lease agreement, and you gave that notice on October 19, you would still owe the full months rent or November since the 30 day notice does not begin to run until the beginning of the next rental period, that being November 1.

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Answered on 7/21/14, 9:12 pm


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