Legal Question in Landlord & Tenant Law in Ohio

I moved out of my apartment before my lease was up. i gave them the required 60 day notice. does the landlord have to legally try to re rent the apartment even though the lease is not up? I live in ohio and i am continuing to pay the rent, even though i have not been there for 2 months.


Asked on 10/01/12, 6:09 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio if you breach a lease agreement by moving out before the end of the term, the landlord does have to take those steps which a normal landlord would take who wants to rerent the apartment. If the landlord just sits back in does nothing to try to re rent the apartment then a court would likely consider this to be failure to mitigate damages. However the landlord does not have to go to incredible lengths in order to rerent the apartment. Many courts have found that simply posting a sign in the yard and or listing it with the local newspaper an or putting it on Craigslist is enough.

1 of the best ways To figure out if a landlord is trying to rerent the apartment is to have a friend call the landlord and tape record the call. Have the friend ask if the apartment in particular is available. In a multi unit situation with many of the units unrented the landlord will often try to rent out the un rented apartments to new tenants first and save yours for last. But most courts would find this to be a failure to mitigate damages letting you off the hook for the remainder of the lease term.

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Answered on 10/01/12, 6:48 am


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