Legal Question in Real Estate Law in Ohio
Lease agreement that expired 5 years ago, still renting.
If a lease agreement is expired what guidelines do you follow? I've continued to pay the landlord rent for the past five years. I wasn't given my security deposit back and the end of the agreement even though I continued to live there. I called the landlord and asked if I could use the security deposit as the last months rent and she said NO. What kind of situation is this since there is no lease that either of us are working off of? I have the feeling she wants to keep all the money. Can I just let her have the deposit that she took 6 years ago for the 1 year lease agreement for the last month's rent?
2 Answers from Attorneys
Re: Lease agreement that expired 5 years ago, still renting.
You are what is commonly known as a "hold over" tennent. You continue with your original lease, but on a month to month basis. Everything else in the written lease still applies. If you wish to move out you must give at least 30 days written notice , and you must be move out at the end of a month (31st). Your security deposit is security that you will leave the property un damaged and with your rent paid in full. Once you move out and give the landlord your forwarding address in writting the landlord has 30 days to return the security deposit or give an itemized list of damages that have used up your security deposit.
Re: Lease agreement that expired 5 years ago, still renting.
You are on a month to month tenancy. The security deposit should be returned within 30 days after vacating the premises, not necessarily the end of the lease. Technically, there is no lease, but you may still use the terms and conditions of the written lease. It will come into play when either you want to leave or the landlord wants to raise the rent.
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