Legal Question in Landlord & Tenant Law in Ohio

self renewing residential leases (with monthly rent payments) have an expiration date?

my apartment lease was signed in 7/7/2009 with a term of 1 year stating that it'll "automatically renew itself for successive, similar, terms with a 2% rent increase until either party givens written notice of termination" within 60 days "prior to expiration of any renewal term" . (the lease has not been notarized)

if it does expire, does this default to a month-to-month tenancy (because i pay rent monthly)?

being that i have missed the 60 day notice window , would i have legal standing to move out without penalties with a 30 day notice or must i have to stay for the rest of the year?

note-im not sure if it matters but this years increase is $7 more than 2%

thanks so much for your time


Asked on 7/09/15, 8:53 pm

2 Answers from Attorneys

Eric Willison Law Office of Eric E. Willison

In Ohio, your answer is likely found in Meadowbrook Dev. v. Roberts, a copy of which can be found at http://r.search.yahoo.com/_ylt=A0LEVjIyR59VqrYA7YsnnIlQ;_ylu=X3oDMTByOHZyb21tBGNvbG8DYmYxBHBvcwMxBHZ0aWQDBHNlYwNzcg--/RV=2/RE=1436530611/RO=10/RU=http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2001/2001-Ohio-4176.pdf/RK=0/RS=YiSZkg8D9IcUWvAmIwWueyxcvAU-

Note that when you cut and paste this text into your browser, it will take you to a blank screen, but it will download a pdf of the case to your downloads file.

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Answered on 7/09/15, 9:20 pm
Jann Washington Jann C. Washington, Esq., LLC

You seem to understand the 60 day termination renewal requirement as stated in the lease so it would apply to your case. The lease renewed as of 7/7 and you will be liable under the terms of the lease. I would point out to the landlord that the rental increase is more than the terms of the lease allow and if they don't adjust it then you could claim that they are in breach of the lease, give them your notice of termination based on breach of the lease and move. You will most likely be sued for the balance by the landlord but I believe you would have a reasonable argument in defense of such a lawsuit should it arise.

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Answered on 7/10/15, 3:52 am


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