I receive many inquiries on how to break a residential, landlord-tenant lease in Ohio. Unfortunately, breaking a lease is very difficult. What are the various options a tenant has to break a residential lease in Ohio. First, let’s dispel some myths about breaking a lease.
- There is no three-day rescission period in Ohio where a tenant has three days to change his/her mind after signing a lease. Once you sign a lease, you have committed to its terms and cannot change your mind and unilaterally void the lease. The same holds true for a landlord or property manager.
- Spelling mistakes and related typographical errors in the lease do not make it void.
- A party’s failure to sign the lease may not be consequential if both parties have acted in a manner conforming to the terms of the lease.
- If a tenant has gone to a month-to-month tenancy after a lease has expired, the terms of the lease still apply even though the rent or other terms of the lease have been changed.
- Buying a house does not justify breaking a lease.
- Getting a new job far away does not justify breaking a lease.
- Moving in with your boyfriend or girlfriend does not fly.
- Withdrawing from school – no bueno.
What are a tenant’s options for early lease termination or getting out of a lease?
- The lease may contain an early termination clause allowing the tenant to break the lease for a pre-determined charge.
- The lease most likely does not contain such a clause, but the tenant could attempt to negotiate an early termination agreement with the landlord by paying an agreed upon amount to break the lease.
- The tenant could find another person willing to take his/her place on the lease; however, the landlord may still require the original tenant to be liable for any unpaid rents and damages to the premises even though the original tenant has moved out and the replacement tenant has moved in.
- If the living conditions at the rental unit are significantly compromised by a landlord’s failure to make repairs or for other reasons not the fault of the tenant, the tenant can request an inspection from city code enforcement. That agency may determine that the rental unit is uninhabitable and require the tenant to move out. That agency may also require the landlord to make repairs within a certain period of time. If the landlord repeatedly fails to do so, code enforcement may require the tenant to move out.
- If a landlord’s failure to make repairs results in intolerable living conditions, the tenant may, pursuant to ORC §5321.07, terminate the lease. A tenant attempting to break a lease may try claim that minor inconveniences have resulted in intolerable living conditions. Minor inconveniences will not warrant breaking a lease.
- If the landlord or other tenants have significantly disrupted the quiet enjoyment (ability to reasonable live in a certain place), the tenant could bring an action in court seeking to terminate the rental agreement for such breach. Any such action will require convincing someone not familiar with the situation (a judge) that the breach justifies breaking the lease. So getting up and telling your side of the story probably won’t cut it in court. You will need the testimony of other witnesses (perhaps your guests or neighboring tenants), a detailed log of events justifying the request to break the lease, photos, videos, police reports, etc. Most people lack the ability to gather such evidence and present it to the court in an efficient and understandable manner.
- The tenant could simply move out and return the keys to the landlord. Ohio law requires the landlord to make a reasonable effort to re-rent the premises. The tenant would owe for the time the unit was vacant and for reasonable fees related to re-renting the premises. Any tenant that does this should adequately document the condition of the premises upon move-out to avoid charges for items beyond ordinary wear and tear. The downside to just moving out and giving landlord notice of the move-out is the tenant will not know in advance how long it will take to re-rent the premises.
If you have read this far and would like to read more, take a look at our guide on how to get out of your lease in Ohio.