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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33791
Experience:  Attorney for over 15 years, landlord 26 years
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Commercial tenant in Ohio period of years enters into new

Customer Question

Commercial tenant in Ohio for a period of years enters into new lease requiring him to release a portion of the formerly leased [two story, 20 x 20] property to the landlord. Commercial tenant has not released the section of the property to the landlord, and landlord cannot take the section of property because it is filled with tenant's property and is in disarray.
Is a notice to cure necessary before a notice to quit?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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Was there any stated time limit for the tenant to return possession of that portion of the premises to the landlord?

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thanks

Barrister

Customer: replied 9 months ago.
Ohio. No stated time limit.
Expert:  barristerinky replied 9 months ago.

Ok, in a situation where a tenant is in breach of the lease contract then you would have two different options..

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First you can give them a 30 day written notice of violation with option to cure under Ohio Statutes 5321.11.

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Or you can give them a 3 day notice of termination for lease violation under Ohio Statues 1923.04.

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So to answer your question directly, no, you don't have to give them a notice to cure before a notice to quit if you don't want to.

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thanks

Barrister