Legal Question in Real Estate Law in Ohio

landlord

if a lease is month to month but states that a 90 day notice is required, does the landlord have the right to demand 90 day notices even if it's month to month? Isn't that contradicting itself?


Asked on 11/18/08, 10:09 am

1 Answer from Attorneys

Justin Smith J.M. Smith Co., LPA

Re: landlord

It is contradictory and, if the lease is clearly month-to-month, then one month's notice will suffice. Under Ohio law, a tenant may terminate a month-to-month tenancy in accordance with Ohio Revised Code 5321.17(B) by providing the landlord with one month's oral notice. This is the case notwithstanding any rental agreement requiring written notice. See Seginak v. ABC Management Co., No. 3816 (11th Dist. Ct. App., Trumbull, 9-18-87).

R.C. 5321.17(C) states in relevant part, "the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given to the other at least thirty days prior to the periodic rental date." Ohio Revised Code R.C. 5321.06 allows parties to include any terms in the lease that do not conflict with R.C. 5321, but if (as in your example) the clause is inconsistent with R.C. 5321.17(B), then it will be unenforceable.

Though written notice is not required, the best practice is to give your landlord thirty days notice of your intent to vacate the premises in writing and send the notice via certified mail with return receipt requested.

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Answered on 11/18/08, 2:36 pm


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