I signed a two year lease on a second floor apartment. Recently I was told by my doctor that I had a silent heart attack and needed to move to the first floor, their is only two appts in our building and my landlord does not own any other apts . I advised him due to my health condition I needed to move and he said that I would have to pay him the balance of the lease in rent. I am on SSD due to a quadruple bypass in 2011 and do not have any money left in the bank, I used all my 401k to try to keep my home which we lost any way. I am presently seperated from my husband and raising my 17 year daughter by myself. Can he sue me if I move. I did not have a heart attack on purpose and I can not prevent it from happening again but if I continue to walk up and down these steps I could die.
1 Answer from Attorneys
In Ohio the landlord can sue for the balance of the rent due and owing under the lease if you move out early. However the landlord is also under a duty to mitigate his damages meaning that he must take reasonable efforts to find someone else to rent the apartment and apply that person's rent to the debt that you owe. If you can show that he is sitting back and not making reasonable efforts to re rent the apartment Then that would be a valid defense to any unpaid rent claims he may have in court.
Whenever you do move out of this apartment you would be wise to document this condition. It is best to do this with pictures or with a video So that you will not be facing bogus damages charges From the landlord. The landlord must also apply whatever security deposit you have with him To any unpaid rent is claiming.
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