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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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In the state of Ohio do you have to give a 30 day notice if ...

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In the state of Ohio do you have to give a 30 day notice if moving? Even if you have never signed a legal document with that company?


Yes. Once your one year written lease expired and you did not execute a new lease, your tenancy converted to a month-to-month tenancy by operation of law. This is so even though a new owner purchased the building. The new owner purchased the building subject to your existing tenancy which by that time (as mentioned) had become month-to-month. Since you never entered into any new written agreement with the new owner, your tenancy simply continues a month-to-month tenancy until one of you decides to terminate it. And Under Ohio Revised Code § 5321.17(B) month-to-month tenancies must be terminated by 30 days notice. It provides as follows:

5321.17 Termination of tenancy

(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date. (division (C) does not apply in your case).

I hope this answers your question.


Thomas Swartz and 8 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Thomas Swartz's Post: What if I gave a notice but it was not a full 30 days and I will be out by the end of the month. Could I just have let them keep my deposit?

Yes, you can do that. But that may not even be necessary. Since you did not give the required 30 days notice, technically the landlord could sue you in court for an additional month's rent. The likelihood that the landlord would actually do that is actually pretty low. It is expensive and a hassle to take a tenant to court for one month's rent. The landlord will probably just look for another tenant and be satisfied. So, I would still request my deposit back, and if at that point the landlord threatens to take you to court because you did not give the 30 days notice then you can offer the security deposit to settle the matter. If the landlord is reasonable he will probably just let the matter slide, or maybe just take a portion of the deposit.

Good luck.


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