Legal Question in Real Estate Law in Ohio
renewal term. Tenant shall have the right, exercisable as hereinafter provided, to extend the term of this lease for one successive period of 1 year upon the same covenants, terms and conditions as those provided in the lease for the lease term. If tenant desires to preserve the right to extend the lease term for a renewal term, tenant shall give landlord and notice no later than 30 days before the end of the lease term.
that is verbatim the renewal term of my current lease. My lease ends in the middle of August and my landlord is unwilling to renew it. We were told first that the condo association does not allow renters. Even though they rented it to us anyway. They told us they were going to work with the condo association so that we could stay and we have been waiting on that. I was contacted a few days ago and told that because of the condo association we were not going to be able to continue living here for additional year. When we contact the landlord and told her that we were going to contact the condo association ourselves and try to plead her case she told us the truth. Evidently the condo association had said nothing to them but because we do not want to buy it, she is going to rent it to her son. Can she legally do this? And what are our rights, and what type of compensation can we expect?
2 Answers from Attorneys
Dear Condo Lessee: Your contract terms, as presented, appear to provide you with an extension of the term of your lease.
In order to assert your rights, you may have to bring an action for specific performance, to permit you to stay on, with claims for damages including: relocation expenses, misrepresentation, fraudulent inducement, failure to disclose, etc..
Your legal fees and trial expenses may be worth the cost. An experienced Attorney can assist and advise you, to protect your rights and interests against a conniving landlord.
Sincerely,
J. Norman Stark, Attorney
(216) 531-5310 Ext. 22.
You need to provide the notice required in the lease to extend the term. In the event that they bring an eviction action I believe that the terms of the contract will allow you to stay for the additional one year when presented to the judge.
I respectfully disagree with Attorney Stark that you need to bring a specific performance action to assert your rights. You only need to provide the required notice in the lease and plead your case should they file an eviction.
Sincerely,
T. Sacerich 440-974-8081
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