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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29716
Experience:  30 years of real estate practice experience.
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I had a stroke on Oct 28th 2015. My sister is living with

Customer Question

I had a stroke on Oct 28th 2015. My sister is living with me. We are moving. A new leasing company took over the collection when I was in a hospital. I never signed a new lease. I originally gave them notice on Nov 1st, saying we are leaving Dec1st. Northlake Management, an out of state company, claims that my notice is insuffiecient, I will be charged December rent. I am on a month to month. What are my rights?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: They I am grandfathered into my original lease. I say Nov 1st is still 30 days if we are out Nov 30th Ohio
JA: Has any paperwork been filed?
Customer: No. just emails
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want my sister and I to be able to move out without paying December rent to a place where I won't be living
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Loren replied 2 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Customer: replied 2 months ago.
What are my rights?
Expert:  Loren replied 2 months ago.
Unfortunately, Ohio statute requires a termination notice 30 days BEFORE THE NEXT SCHEDULED RENT PAYMENT DATE. Partial months are not prorated. So, if you rent is paid on the first day of the month, a notice given Oct 1 would be sufficient to terminate by Nov 1. To terminate on Dec 1 you would need to have given notice by 10/31. A notice given on 11/1 for 12/1 is 29 days.
Since partial months are not prorated, you do, indeed owe for December. Of course, the landlord can waive the one day, but they gave no legal obligation to do so.
Expert:  Loren replied 2 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 2 months ago.
It is not the date you move out which is determinitve of the rent obligation. Otherwise, you could just terminate a month to month lease by leaving, regardless of notice. The full 30 days is what defines the termination of the obligation to pay rent.
I am sorry to be the bearer of bad news. I wish it were otherwise for you.
Expert:  Loren replied 2 months ago.
Here is an excerpt of the relevant portion of the Ohio statute:
5321.17 Termination of tenancy.
(A) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified in the notice.(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 is not applicable to your situation.
Expert:  Loren replied 2 months ago.
Did you have further questions? Have I answered your question?
Expert:  Loren replied 2 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

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Thank you!

Loren

Customer: replied 2 months ago.
Soi am able to just leave in a month to month situation, correct?
Expert:  Loren replied 2 months ago.
after giving the appropriate notice, your tenancy is terminated and you have no further obligations.

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