Breaking Lease in Ohio- Help

This is a discussion on Breaking Lease in Ohio- Help within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I am looking to break my lease in Ohio do to a different job in a different city. There is ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Nov 3rd, 2012, 02:36 PM   #1
Junior Member
Country:  
xflipper86x's Flag is: United States
 

xflipper86x's Avatar
 
Join Date: Nov 2012
Posts: 2

Exclamation Breaking Lease in Ohio- Help

I am looking to break my lease in Ohio do to a different job in a different city. There is nothing in my lease about breaking lease. When I spoke with the one guy that handles lease breaking for my community he said it was a 60 day notice (2 months rent) and a $1000 fee. After doing my own research online on Ohio Laws and other people stories. I decided to try and find someone that wanted to move into my apartment, using the Landlord duty to rent act. I found a couple that understood that I couldn't sublet and that they would need to go through the application process and all and they were fine with it.

Then I called the Lease breaking guy back and tried to talk to him about this option. Besides his awful attitude and not even listening to me or hearing me out. I got no where. He kept saying he would be breaking state law by doing me a favor and would lose his job, he kept mentioning a fair housing law. I am not trying to get out for free, ill pay the 450 addendum in my lease for the special I had, and ill pay a months rent and cleaning fees. Is there a way I can do this where I can give them my written notice and the new couple request my apartment and move in when its cleaned by the property manager?

Any tips and advice would be greatly appreciated
xflipper86x is offline   Reply With Quote
Sponsored Links
Top crime attorneys
Old Nov 3rd, 2012, 03:08 PM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 18,067

Default Re: Breaking Lease in Ohio- Help

I wish to inform you that you can terminate lease and in such a case you will have to pay for the loss of the landlord. In this regard you can terminate lease at any time but may find a new tenant and in this you cannot be held liable for any loss of landlord because you have arranged for alternative tenant. A landlord is supposed to take necessary legal steps to reduce his loss. Further you can inform landlord about his duty to reduce loss which includes finding new tenant. You can be held liable to pay for loss arising because of breach of contract which may include rent loss within lease period till new tenant is not found.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Nov 3rd, 2012, 05:36 PM   #3
Top Level Member
Country:  
Disagreeable's Flag is: United States
 

Disagreeable's Avatar
 
Join Date: Oct 2012
Posts: 9,995

Default Re: Breaking Lease in Ohio- Help

I suggest you to talk him in person and explain.

Last edited by Disagreeable; Nov 3rd, 2012 at 08:50 PM.
Disagreeable is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Nov 3rd, 2012, 07:05 PM   #4
Moderator
Country:  
sandyclaus's Flag is: United States
 
sandyclaus's Avatar
 
Join Date: Jun 2009
Location: The North Pole, silly ;)
Posts: 6,359

Default Re: Breaking Lease in Ohio- Help

Quote:
Originally Posted by xflipper86x View Post
I am looking to break my lease in Ohio do to a different job in a different city. There is nothing in my lease about breaking lease. When I spoke with the one guy that handles lease breaking for my community he said it was a 60 day notice (2 months rent) and a $1000 fee. After doing my own research online on Ohio Laws and other people stories. I decided to try and find someone that wanted to move into my apartment, using the Landlord duty to rent act. I found a couple that understood that I couldn't sublet and that they would need to go through the application process and all and they were fine with it.

Then I called the Lease breaking guy back and tried to talk to him about this option. Besides his awful attitude and not even listening to me or hearing me out. I got no where. He kept saying he would be breaking state law by doing me a favor and would lose his job, he kept mentioning a fair housing law. I am not trying to get out for free, ill pay the 450 addendum in my lease for the special I had, and ill pay a months rent and cleaning fees. Is there a way I can do this where I can give them my written notice and the new couple request my apartment and move in when its cleaned by the property manager?

Any tips and advice would be greatly appreciated
Contrary to what this guy says, there is no such law that governs what a LL can charge for an early termination, nor is there any law that prohibits subletting. The general rule is that unless there is a written clause that specifies an early termination fee, then whatever you and the LL can agree to is enforceable. Keep in mind that in an early termination situation, you can be held liable for unpaid rent until the end of the lease, or until a replacement tenant is found, whichever occurs first. The LL also has a duty to mitigate their damages by making reasonable efforts to re-rent the vacated unit. Most courts will limit a LLs damages to no more than 2-3 months' worth of rent, as long as the LL can demonstrate sufficient efforts to re-rent the unit.

IMHO, charging 60 days' worth of rent PLUS $1,000 seems extreme to me - especially because you already have replacement tenants lined up, and they won't be out the rent while they find someone else to move in. I, personally, would pay the $450 addendum (because you'll owe that for not fulfilling the entire lease term), hire a cleaning service to come in and clean the place really well (so they can't use the excuse to keep a significant portion of your security deposit for this purpose), and then let them come after you for their damages. As long as this couple you have found can pass the complex's screening and qualification requirements, once they move in, there shouldn't be any further damages due to unpaid rent.
__________________
"If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."
sandyclaus is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Nov 4th, 2012, 11:15 AM   #5
Junior Member
Country:  
xflipper86x's Flag is: United States
 

xflipper86x's Avatar
 
Join Date: Nov 2012
Posts: 2

Default

I talked with the property manager and she was very helpful, I a, trying o speak to someone above this lease breaking guys head. He is the only one that days with early termination.

What's the best bet, sounds like I can move out. Clean my apartment. And let front office know, have this couple go through application process and if approved then they move in after property manager cleans and inspects (she said 5-7 days), lease break guy said min 30 days turn around. Do I need to go through this lease break guy at all? Or can I pay the 450 addendum and just move out, and work through property manager only.

Thanks all for help!!
xflipper86x is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Nov 4th, 2012, 03:53 PM   #6
Top Level Member
Country:  
Disagreeable's Flag is: United States
 

Disagreeable's Avatar
 
Join Date: Oct 2012
Posts: 9,995

Default Re: Breaking Lease in Ohio- Help

It sounds on the surface like the property manager is sympathetic. Usually, they can charge you until the unit is rented again. It would be beneficial that you have people ready to jump in. Make sure they specify the unit you vacate. Make sure to do your move out damage sheet and compare it to the move in damage sheet. Congrats on the new job.
Disagreeable is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
landlord, lease break, ohio law, tennants, tennants rights

This thread has 5 replies and has been viewed 5899 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Breaking lease, due to mold, and other issues - Ohio hiimhaley Landlord vs Tenant Issues 10 Aug 20th, 2014 01:21 PM
Breaking a lease in Ohio cider27 Landlord vs Tenant Issues 4 Feb 7th, 2014 12:36 PM
Breaking a lease; I am an international student of Ohio University anjali82 Landlord vs Tenant Issues 7 Jan 24th, 2013 07:44 PM
breaking lease due to break in-Ohio abauchmoyer Landlord vs Tenant Issues 1 Nov 29th, 2010 09:00 AM
Landlord breaking lease before it begins -- Ohio law Unregistered Landlord vs Tenant Issues 2 May 12th, 2010 08:05 AM


Top crime attorneys


All times are GMT -5. The time now is 04:12 AM.