Legal Question in Landlord & Tenant Law in Ohio

My daughter signed a lease for a carriage house in may to be rented in July. She just found out that the landlord is selling his properties and taking a job in another state. He has told her that there is nothing to worry about concerning the lease, but now my daughter wants out. We feel the lease was misrepresented and the landlord knew he was putting the property up for sale but did not disclose this. Now she will be subject to people viewing her apartment and what if the new people don't want to contine renting the carriage house? I feel the landlord misrepresented the lease so it should be terminated before it starts. What are our rights in this matter?


Asked on 6/10/12, 10:09 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, if the lease is assignable by the landlord (there may be a clause in the lease to this effect) then it is not a breach of the lease on the laandlord's part to sell the property after signing the lease with your daughter. However, there is a case in Ohio law called Dearwester v. Lagos that you might want to take a look at (just google it). It seems to stand for the proposition that if you notify the landlord before taking possession that you want out of the lease, then you can be out.

You might also think about checking out http://www.ohiolandlordtenant.com/getout.html.

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Answered on 6/10/12, 10:27 pm


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