Breaking a lease in Ohio is no light matter. The process of how to break a lease in Ohio is difficult, and many people face penalties if they do it wrong. It should be a last resort you use if you’re having trouble with your landlord or paying rent.
But can you break a lease in Ohio without paying penalties? Yes, there are plenty of legal reasons to break a lease. Even if you don’t have a legal reason, you can still find a way to avoid paying penalties. Here’s what you should know about breaking a lease in Ohio, including details on Ohio lease laws and renters rights.
Ohio Lease Laws
There is no one Ohio landlord tenant law in effect or any one law you should examine when breaking a lease in Ohio. Rather, you must be mindful of a few Ohio landlord-tenant laws. Here are the Ohio lease laws you should be familiar with.
Provisions for Written Lease Agreements
Section 5321.01 of the Ohio Revised Code defines a rental agreement, which is the same thing as a lease agreement. A rental agreement is any agreement or lease that establishes or modifies the terms and conditions for using a rental property. An Ohio lease agreement can be verbal or written.
Section 5321.18 provides provisions for written rental agreements. The provisions that your lease agreement must contain include:
- The name and address of the property owner
- The name and address of the property owner’s agent, if any
- The rights and responsibilities of the landlord, property owner, and tenant, including when to notify your landlord about terminating a lease
If you have an oral agreement, your landlord must provide a written notice with all the above details under the Ohio landlord tenant law.
Section 5321.06 clarifies that a rental agreement can include any legal terms and conditions, including clauses about breaking a lease. You can sign a week-to-week lease, a month-to-month lease, or a year-to-year lease. Your rental agreement can also clarify any details about breaking a lease. For instance, your landlord may ask to have a notice delivered to them by hand.
Section 5321.17 – How to Terminate a Lease
Section 5321.17 describes how an Ohio tenant can terminate their lease agreement. You can terminate a week-to-week lease by giving a notice to your landlord at least seven days before your lease term ends. You can terminate a month-to-month lease with a notice at least 30 days in advance. Your landlord can start breaking a lease in Ohio by sending you a notice within these time periods. The only exceptions are if your landlord suspects that you are dealing controlled substances in your rental unit. Your landlord can then give you a notice and terminate your lease in three days.
The law does not specify how you deliver your notice to your landlord. You can send them an email or write them a letter.
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Stern v. Taft – Re-Renting Units After a Lease Agreement
Stern v. Taft (1976) is an Ohio Supreme Court related to re-renting storage units. The Supreme Court ruled that a landlord must make reasonable efforts to find a new tenant after an old one leaves. This means that your landlord cannot claim rental payments for the time you would have been under your lease agreement. However, your landlord can insert a clause waiving your rights under Stern v. Taft. They can still claim money if you damaged items in your unit.
What Happens if You Break a Lease in Ohio
The landlord tenant law in Ohio does not impose penalties for breaking a lease. Most lease agreements specify that if you fail to provide written notice to your landlord on time, you will pay your next month’s rent. Even if you’re not living in the unit, you will continue to pay rent until you give your landlord a proper notice.
Some lease agreements specify penalties or legal consequences for breaking your lease early. Read your agreement to see if you must pay this penalty.
If you caused any damage to your apartment beyond wear and tear, your landlord can require you to pay for it. The money can come out of your security deposit or in addition to your deposit. If you didn’t cause any damage, your landlord must give you your security deposit within 30 days of your move.
If you refuse to pay for breaking a lease in Ohio, your landlord can sue you in small claims court. If you are behind on rent payments, your Ohio landlord will likely file a lawsuit against you. If you lose your case, you may need to pay additional fees, including lawyer’s fees. The landlord can hire a debt collector to get back what you owe. The debt collector can then contact your credit card company, which can reduce your credit score.
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How to Get Out of a Lease in Ohio
You must follow a few steps in order to get out of a lease in Ohio. Here is what you need to do.
Review Your Ohio Lease Agreement
Many people ask, “What happens if you break a lease in Ohio?” The answer largely depends on what’s in your lease agreement. Before you contact your landlord, you should read over your lease agreement, especially any early termination clause in your lease. If you’re having trouble understanding it, talk to a housing lawyer or a landlord tenant attorney in Ohio. Make sure you understand how to get out of a lease in Ohio according to the terms of your agreement. You can also get advice from your attorney on how to break a lease legally in Ohio and tips for moving into an apartment.
Study Legal Reasons to Break a Lease in Ohio
Federal laws and the landlord tenant law in Ohio protect a few groups of tenants when they break a lease early. These tenants can avoid paying penalties entirely, even if their lease agreement has a penalty clause. Here are the legal reasons to break a lease in Ohio.
Military Service
The Servicemembers Civil Relief Act (SCRA) allows soldiers engaged in active military service to end your lease early without penalties. Qualifying soldiers under the Servicemembers Civil Relief Act include:
- Active-duty members of the regular forces
- National Guard members and reservists performing active military duty
- Coast Guard members performing active military duty and supporting the armed forces
The SCRA protection applies to you from the day you start your active duty. It lasts for your entire active-duty career, ending 30 to 90 days after your service. However, you must prove that you signed your lease agreement before you started active service. You must also be on active duty for at least 90 days.
You must send your landlord a written notice terminating your lease and your military orders. You should provide these materials at least 30 days before you plan on terminating your lease.
If you signed your lease after beginning military service, you may be able to terminate it without penalty. The SCRA protects you if you have received recruitment or Permanent Change of Station orders lasting over 90 days. You still must give your landlord written notice and a copy of your orders 30 days in advance.
Your landlord can insert a clause into your lease agreement waiving your SCRA protection. Read your lease carefully. Once you waive your SCRA protection, you cannot get it back.
Your lease can also contain a military clause that gives you additional rights. A clause can reduce the time you must submit a notice or waive the requirement for a written notice. Many landlords who rent out properties near military bases will include these clauses, so examine your lease agreement to see if it contains one.
Safety Codes Violations
Section 5321.04 of the Ohio Revised Code requires landlords to provide a safe and comfortable home. Your landlord must follow all local, state, and federal laws regarding providing a safe and comfortable home. If your landlord violates any safety code, you can terminate a lease early. However, these violations must be substantial, like failing to provide running water or heat during the winter.
If you have a qualified disability, your landlord must make accommodations for you. For example, if you use a wheelchair, your landlord should provide ramps and handrails so you can move around easily. If your landlord fails to do so, you can terminate your rent early.
You should try to resolve these violations before terminating your lease early. Talk to your landlord and see if you can resolve the situation.
Landlord Harassment and Privacy Violations
Section 5321.02 of the Ohio Revised Code prohibits a landlord from retaliating against you. They cannot change your locks, increase your rent, or decrease your services for complaining about a violation of safety codes. If they do, you can terminate your lease agreement immediately.
Your landlord must give you written notice before entering your unit for any reason. Most landlords follow this law by sending their tenants a letter 24 hours in advance of their visit. If your landlord keeps entering your unit, you can terminate your lease agreement under Ohio law.
Early Termination Clause
You or your landlord can insert an early termination clause into your rental agreement. The clause can clarify when you can terminate your lease and how much notice you need to provide. As long as you follow the clause, you can avoid paying rent or being sued for your lease termination.
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Send a Notice to Your Landlord
You should then send your Ohio landlord a written notice telling them you intend on breaking your lease. You don’t have to say why you’re breaking it, but you may want to give a legal justification for it. You should provide a justification if you’re using SCRA protections. If you want to pay the remaining rent, you can mention that to avoid a lawsuit.
Wait to hear back from your landlord about breaking a lease in Ohio before taking any additional actions, like moving to Cincinnati. If they agree to let you end your lease, you can move out.
How to Minimize an Early Termination Penalty
You can still start breaking a lease in Ohio even if you don’t have legal protection to do so. Many people break their lease after buying a house in Cincinnati or moving for work. If you don’t want to pay a penalty, you can negotiate with your landlord. You can contact them and explain the situation. If you have to terminate your lease for medical reasons, your landlord may waive the penalty.
A landlord may waive your penalty if you can find a new tenant for them. Ask your friends or family and see if anyone’s interested in moving in. You may be able to sublet or sublease your unit. The new tenant will take over your lease and make rent payments for you while living in the unit. Talk to your landlord to see if you can do this.
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FAQ
What Happens When You Break a Lease in Ohio?
There is no one thing that happens when you break a lease. To determine what will happen, you should talk to your landlord and read over your lease agreement.
How Much Does It Cost to Break a Lease in Ohio?
Ohio does not impose a cost or fine for breaking a lease. However, your landlord may make you pay a penalty if you fail to give them a timely notice or damage your property.
Can You Break a Lease for Medical Reasons in Ohio?
Ohio law does not provide an exemption for people with medical needs to violate their lease. However, you can talk to your landlord if you need to leave for medical reasons.
How Long After Signing a Lease Can You Back out in Ohio?
There is no grace period for backing out of a lease after you sign one. Whether you have one week, one month, or one year left in your lease, you can face penalties for backing out.
What happens when you break a lease in Ohio? Breaking a lease in Ohio can be tricky. In general, you must submit a notice to your landlord in advance of you getting out of your lease. You should read over your lease agreement and talk to a lawyer to avoid legal problems. Active-duty soldiers and people who experience landlord harassment can avoid paying penalties entirely. But you may need to pay a penalty, even if you have a good reason to do so.
Once you break a lease, you should move out as soon as possible. Bell Moving has the best Cincinnati movers. Call 513-942-7500 for a free quote today.
