Legal Question in Landlord & Tenant Law in Ohio

So I signed a vacant letter saying I was going to move..it said I had to return thr letter 60 days b4 lease was up,i received it late so it was turned in 53 days b4.they told me my lease was automatically renewed since the letter was not received on time.i was suppose to move September 30.so today (October 5)they come to me sayin they thought i was moving..i explained to them what they told me and said i needed to come in and sign a new lease,but back in August they said i didn't need to sign nothing, it was automatically renewed...so would i be wrong if i didn't sign?


Asked on 10/05/11, 4:30 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, such automatic renewal provisions (requiring 60 days notice) are actually unenforceable under the case of Meadowbrook Dev. Corp. v. Roberts, 2001 Ohio App. LEXIS 5870.

Usually, the tenant is looking to avoid being committed to the property for a full year. In such cases, the the court will usually see you as being a month to month tenant thus being able to terminate the month to month tenancy pursuant to Ohio Revised Code Section 5321.17.

But if you want to stay for a full year and they want you out, at an eviction hearing you could point to the fact that the lease says that you were automatically renewed for a full year if you or the landlord did not give the 60 days notice. They will point to your 53 days notice and you can testify as to what they said about how they considered you locked up for another full year, and further testify that you made plans based upon being there for another year.

How it comes out is anyone's guess I'm afraid.

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Answered on 10/06/11, 8:08 am


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