Legal Question in Landlord & Tenant Law in Ohio

Is this a legal termination letter? Will it hold up in court?

Hi Landlord,

I just wanted to let you know that I had this really great opportunity come up for me in Georgia. The University of Georgia recruited me to come get a PhD at the University, work on a grant project in the local schools and be a grad assistant for a professor. I am so excited about this opportunity and I just can't pass it up. The only catch is that I have to move on August 1st, two months before the lease is up.

Sarah and I talked about it and she would prefer if we could both end the lease on August 1st as opposed to getting a sublet for two months. She can't afford the house by herself and we have been unable to find someone interested in subleasing and paying my part of the rent. We know we signed a year's lease but we wanted to let you know about the situation as soon as it arose so we could come up with a plan together. We know we are responsible for the house until October according to the lease but we wanted to see if we could work something out.

We were wondering if you would be willing to end our lease as of August 1st if you found other reliable tenants. We would be willing to help you advertise.

Thanks!

Jess and Sarah


Asked on 7/24/12, 4:07 pm

1 Answer from Attorneys
John Sauter Cloppert, Latanick, Sauter & Washburn

It's a very well-written letter in that it is clear, informative and persuasive. However, you did sign a lease for a term of one-year, and, if your landlord chooses, he or she can hold you to those additional two months if he or she files a claim in a court of law. Obviously, the individual language of your lease controls the situation, but even performing a diligent search for a subletter for two months doesn't abrogate your responsibility to pay the final two months rent. That being said, its still a good idea to send the letter ASAP since you want to move out on August 1st, and hope for the best. However, be prepared to bargain with your landlord....for example, be prepared to pay the August rent, etc.

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Answered on 7/24/12, 8:24 pm


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