Legal Question in Landlord & Tenant Law in Ohio

i have a lease for a house that i am renting. rent is 575 a month, 25.00 for dog, and 200 for utilities. it expired awhile ago, but been going month to month with no new lease. so total that is written on my lease is 800.00 a month. they are now trying to say that i owe them 1600.00 for overage on utilities. no where in my lease does it say that i owe more if the bills are higher than the 200 a month. she is willing to drop it 1100 if i pay her in full and have an answer by friday. my problem is, how do i fight her, i need an attorney and that will cost me to take her to court for the deposit money i know she wont' give us. which is 925.00 and i'm sure she will kick us out immediatly also. and we have no where to go. i mean we are leaving in about 3 months anyways, but don't really want to leave before that because of school. please help


Asked on 2/12/13, 6:28 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, relations between landlords and tenants are governed by the terms of the lease agreement and by Ohio Revised Code Section 5321.01 to .18. If your written lease expired but you kept on living there and paying rent under the same agreement, then you are on a month to month tenancy with terms identical to that of the written lease agreement.

If the landlord is wanting to change the terms of that agreement by insisting upon getting an extra $1,100.00, that is fine, but she needs to adhere to Ohio Revised Code Section 5321.17 which deals with the termination of periodic tenancies (month to month lease agreements).

Any time the landlord or the tenant wants to change the terms of a month to month lease agreement, what that really is is a termination of the old month to month lease agreement and an offer to the tenant to enter into a new month to month lease agreement on the altered terms.

The problem for your landlord is that while she is free to insist that you pay an extra $1,100.00 (or an extra $11,000.00 if she thinks she can get it from you), she has to first give you proper notice that the old month to month tenancy between you is over. R.C. 5321.17 states that either the landlord or the tenant can terminate the tenancy by giving 30 days notice to the other side. But there is a timing catch. The 30 days does not begin to run until the start of the next rental period. Thus is your landlord gave you notice that she was terminating the old tenancy and offering a new one on February 10, 2013, that 30 day notice would not start to be calculated until March 1, 2013. So you would still pay the same amount as you have been all along for February and all of March.

At the end of March, you would have to make a decision as to whether or not you wanted to continue to rent there or find some new place.

If you think that she won't give you back your security deposit, then you will want to go to http://www.ohiolandlordtenant.com/faq40.html to find out how to put yourself in the best position for recovering it.

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Answered on 2/12/13, 7:17 am


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