Legal Question in Real Estate Law in Ohio
Tenant's Rights
I have rented a apartment in the Cincinnati, Ohio area for four years. I had a lease that was only for one year from that point it was a month to month rental. I had notified my Landlord on November 8th 2000 that I was leaving. I plan to move on the weekend of December 2. He tells me that I have to pay him for the full rent for the month of December. I called the Better Housing League, and they told me if I gave my notice on December 8th I only have to pay him up to December the 8th. The problem is that he says I must pay him the whole moth, and the Better Housing League say I only have to pay him up to the 8th of December. They gave me a book stating this and I should my Landlord, and he said it was wrong and that I owe him the whole month. Can you please let me know what is the right way. I need to know this before I move. If I am correct then I should not have to pay him the full amount only the eight days. Thanks for your help.
2 Answers from Attorneys
Re: Tenant's Rights
Once a tenancy converts to month-to-month, you are only obligated to give one month's notice that you are leaving. Therefore, if you gave notice on November 8, 2000, you must pay for this last month (through December 8, 2000) and no more. You must vacate before the next month begins. This is codified in Ohio Revised Code 5321.17(B).
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Re: Tenant's Rights
Ohio Revised Code Section 5321.17(B) states:
"(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."
If your rent is due the first of the month then the Courts in Toledo interpret this to mean that you have to notify the landlord thirty days before the first of the month.
You can not just pick a date in the middle of the month and notify them 30 days before that.
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