Legal Question in Landlord & Tenant Law in Ohio

My (now ex) boyfriend and I have lived together for approximately 2 years, his house in his name only. We have no lease or written agreement between us for how we split the bills...however, we have always contributed half the mortgage payment, split other household expenses and maintenance with no problems. We recently ended the relationship. I am currently looking for a new place to move and hoping to be moved out by November 1. I have told him verbally that I would at least give him 30 days notice and would pay my share of October so he has a little time to prepare or look for roommate if he chooses. He wants me to sign a rental agreement (without giving me time to take to a lawyer if I want) that states a number of things including rent, purchasing all groceries, giving 30 day notice, paying half the utility bills for the month after I am moved out, repainting a spare bedroom because he doesn't like the color (though he had no problem with all the painting and fixing up I did at my own expense during the relationship), repairing any damages to the house until I'm moved out and so on. I told him I didn't see the point in starting a rental agreement when I plan on being out in approximately a month, but he is now threatening that if I don't sign it, he will get an eviction notice to force me to leave and states that he can legally charge me far more than what I normally pay for the time I am still here. This doesn't seem right to me at all and doesn't sound legal. I believe he has already talked to a lawyer and could do 30 day eviction notice (which is fine because I will moving out around then anyhow). What, if anything, am I obligated to pay him for the time I am still living in his home? Am I required to give him notice of moving out?


Asked on 9/22/14, 8:06 am

2 Answers from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, the Ohio landlord-tenant act of 1974 would define your relationship with your ex-boyfriend as a residential landlord-tenant relationship. Even though you do not have a written lease, this does not mean that you do not have a lease agreement with your ex-boyfriend. Leases can be written or they can be oral or they can arise out of the actions of the parties. In this case you're paying half the mortgage and half of the other expenses would be seen by the court system as an oral lease or a lease arising out of the actions of the parties.

The duration of the lease agreement between you and your ex-boyfriend would be a month-to-month tenancy. Ohio revised code 5321.17 discusses the termination process in Ohio for month-to-month tenancies. What it basically says is that either party can terminate a month-to-month tenancy merely by giving 30 days written notice to the other side. However, the only tricky part about this is that the 30 days only begins to From the beginning of the next rental period. This means that if one party gave notice to the other on September 15 to leave the premises, the party receiving that notice would not start counting the 30 days until October 1. Thus the tenant would have to be out on October 31 and would be responsible for paying the rent through that date.

If your ex-boyfriend posted a three-day notice before that and you were current on your rants then you would have a defense to that eviction action.

I would not sign a new lease agreement with your boyfriend if you are moving out. Whatever you do with that you want to document the condition of the premises by making you videotape so that he cannot attempt to charge you for damages that you did not do.

You can learn a lot more about your rights as a tenant in Ohio by going to Debbie Debbie Debbie.Ohio landlordtenant.com and clicking on the FAQ section.

Very truly yours,

Eric E. Willison

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Answered on 9/22/14, 8:59 am
Eric Willison Eric Eastman Willison

In Ohio, the Ohio landlord-tenant act of 1974 would define your relationship with your ex-boyfriend as a residential landlord-tenant relationship. Even though you do not have a written lease, this does not mean that you do not have a lease agreement with your ex-boyfriend. Leases can be written or they can be oral or they can arise out of the actions of the parties. In this case you're paying half the mortgage and half of the other expenses would be seen by the court system as an oral lease or a lease arising out of the actions of the parties.

The duration of the lease agreement between you and your ex-boyfriend would be a month-to-month tenancy. Ohio revised code 5321.17 discusses the termination process in Ohio for month-to-month tenancies. What it basically says is that either party can terminate a month-to-month tenancy merely by giving 30 days written notice to the other side. However, the only tricky part about this is that the 30 days only begins to From the beginning of the next rental period. This means that if one party gave notice to the other on September 15 to leave the premises, the party receiving that notice would not start counting the 30 days until October 1. Thus the tenant would have to be out on October 31 and would be responsible for paying the rent through that date.

If your ex-boyfriend posted a three-day notice before that and you were current on your rants then you would have a defense to that eviction action.

I would not sign a new lease agreement with your boyfriend if you are moving out. Whatever you do with that you want to document the condition of the premises by making you videotape so that he cannot attempt to charge you for damages that you did not do.

You can learn a lot more about your rights as a tenant in Ohio by going to www.Ohio landlordtenant.com and clicking on the FAQ section.

Very truly yours,

Eric E. Willison

Read more
Answered on 9/22/14, 8:59 am


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