Legal Question in Landlord & Tenant Law in Ohio

I moved into the landlord's house as a tenant 1.5years ago. We did not sign any lease but during our initial email correspondence, the landlord said I can move out anytime I want after I rented her house for a year. I left the US during the month of June 2012. Normally, I would pay her 450/month for rent. I paid her 500 for the month of May and for the few days I stayed in her house during June 2012.

In December, the landlord had repeatedly ask me to lower my volume even though I was making reasonable noises(listening to music, talking to friends). The house was barely soundproof. Hence, I decided to move out during December 15th. The landlord, however, refused to return the half-month rent stating that "normally, tenants pay for the full month". However, my reasoning is that we never had any formal written contract or agreement that I pay a monthly rent after the one year is up.

Question: Does my situation qualifies as promissory estoppel? I am relying on her promise that after one year I may move out any time I want and that during June 2012, she collect a partial rent from me.

Is there any legal way I can ask back the half month rent from her?


Asked on 12/18/12, 10:06 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, if there is no written lease agreement between the landlord and the tenant and there is no oral agreement for the duration of the lease term (as is the case in your matter once you got past the initial year of the tenancy) then the court is going to presume that you are in a month to month tenancy with the landlord.

Termination of Month to Month tenancies are covered by Ohio Revised Code Section 5321.17 which states as follows:

5321.17 Termination of periodic tenancies.

(A) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified in the notice.

(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.

This means that 30 days notice must be given from the periodic rental date, which is the date upon which you must pay your rent. Usually this is the first of the month. So if the landlord gives the tenant notice to of termination on July 15, then the thirty days does not begin to be counted until August 1, and the tenant may remain in the apartment (and must pay rent for the apartment) until August 30.

Similarly, if a tenant wishes to terminate a month to month tenancy, then the tenant must give 30 days written notice from the periodic rental date. If rent is paid on the first of the month and the tenant wishes to end the tenancy on the last day of September, then the tenant must give written notice to the landlord on or before August 31 (the tenant should make sure the written notice is in the hands of the landlord on or before Aug. 31). If the tenant gives written notice on September 14 then the tenancy ends on the last day of October and the tenant owes rent for the months of October and September.

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Answered on 12/18/12, 11:48 am


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