Breaking a lease in Ohio is trickier than you think. No one expects to break an Ohio lease agreement, especially after moving long distance. But you may need to break your lease for many reasons, including landlord harassment. Most people don’t know how to get out of a lease in Ohio, and some people think it’s illegal to break a lease.
It is legal to break a lease, but you need to be careful. Understand the essentials of how to break a lease early, then talk to a landlord tenant attorney on what to do. Here’s what you must know about breaking a lease in Ohio.
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Ohio Lease Laws
There are a few Ohio lease laws and landlord tenant laws you need to understand. If you have questions, contact a housing attorney who can explain the Ohio landlord tenant law to you.
Keep in mind that your city or county may have additional laws about breaking a lease in Ohio. Cities like Newburgh Heights allow survivors of domestic violence and sexual violence to break a lease early. Here are the basics of important statewide Ohio lease laws.
Provisions for Writing an Ohio Lease Agreement
Chapter 5321 of the Ohio Revised Code provides important terms for Ohio lease agreements. Section 5321.01 states that an Ohio rental agreement is any agreement that establishes the terms of using, occupying, and renting a property. The agreement can be written or verbal. Under Ohio law, “rental agreement” means the same thing as “lease agreement.” Section 5321.06 specifies that a lease agreement can include any terms and conditions that aren’t explicitly prohibited by law.
Section 5321.13 prohibits the following terms and conditions in all lease agreements:
- A warrant of attorney to confess judgment; this would give your landlord the right to obtain a judgment in court against you without your consent
- A requirement for you to pay your landlord’s attorney’s fee if you sue your landlord
- An agreement that limits your landlord’s liability in court
- A condition that limits your landlord’s obligation to provide safe housing
Section 5321.18 provides provisions for a written rental agreement. Any Ohio lease agreement must contain the name and address of the rental property owner. If the owner has a real estate agent or a lawyer handling the transaction, the agent must be named as well.
Besides these details, your lease agreement can contain any provisions, including ones related to breaking a lease in Ohio. Your landlord can insect a clause waiving your right to start breaking a lease in Ohio or specifying penalties for breaking the agreement. Your Ohio lease agreement can also have any conditions on how to pay rent or a security deposit.
However, Section 5321.14 states that a court of law can decide if a lease agreement has unconscionable terms. These are terms that are so unfair they violate your rights. If your landlord inserts a very unfair term related to breaking a lease in Ohio, you can pursue legal action so the term is waived.
Provisions for Breaking an Ohio Lease Agreement
Section 5321.17 provides some terms for breaking a lease in Ohio. If you have a week to week lease, you can break it by giving your landlord written notice at least seven days before the end of your lease. If you have a month to month lease, you must provide a notice 30 days in advance. There are no specific details you have to include in your written notice, though you should include your address, especially if you’re living in a major city like Cleveland.
Your landlord is also allowed to end your lease early. They can do this if you’re violating safety codes or if you’ve committed a serious crime. However, they must give you a written Ohio landlord-tenant law lease termination notice three days in advance.
Section 5321.04 defines landlord obligations. Your landlord must do the following:
- Comply with all health and building codes in Ohio
- Make repairs when asked
- Keep common areas in a safe and sanitary condition
- Maintain in good order all important appliances, including electronics, plumbing systems, and HVAC systems
- Provide trash receptacles
- Provide hot water and heat
- Give you a notification at least 24 hours in advance that they will enter your rental unit
Section 5321.07 clarifies how to get out of a lease early in Ohio. If your landlord fails to comply with any of the above landlord obligations, you can send them a notice asking them to fix the problem. If they don’t comply, you can then break your lease early without penalty.
The Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) is a federal law for people conducting active military service. SCRA allows anyone completing active military duty to start breaking a lease in Ohio early. This includes someone working in the Armed Forces, activated National Guard, National Oceanic and Atmospheric Administration, and Public Health Service.
To break your lease early, you must send a written letter to your landlord at least 30 days before breaking your lease. Your letter must contain a copy of your deployment orders. Your orders must show that you entered active duty after signing your lease and that you will be on duty for at least 90 days.
Are you a soldier breaking a lease in Ohio and need help moving? Call 330-633-3633 for a free estimate now!
What Happens if You Break a Lease in Ohio?
It is not illegal under Ohio landlord tenant laws to break your lease. How much does it cost to break a lease in Ohio? There are no specific penalties for breaking a lease in Ohio, even if you don’t have a legal justification to do so.
However, your lease agreement can define a punishment for breaking a lease in Ohio. Your punishment can be:
- Paying a flat fee
- Losing your security deposit
- Paying the amount of rent your landlord would have gotten if you had stayed
Stern v. Taft (1976) is an Ohio Supreme Court decision requiring your landlord to find a new tenant after you break your lease. They must make reasonable efforts to find a new tenant, such as posting advertisements in newspapers. While your unit is empty, your landlord can require you to pay rent for it. If your landlord fails to find a tenant, you may pay several rent payments.
Breaking a lease in Ohio can damage your rental history. Your landlord can tell potential landlords about you and hurt your ability to get a new rental unit. You can also lose points on your credit score, especially if you broke your lease because you couldn’t finish paying rent.
Your landlord can sue you for breaking a lease in Ohio, though this is rare. Landlords can do this if you fail to pay rent, damage the rental property, or break an important law.
How to Get out of a Lease in Ohio
Now that you know about laws related to breaking a lease in Ohio, you can explore the process of how to get out of a lease in Ohio. Here are some steps you need to follow.
Insert an Early Termination Clause in Your Rental Agreement
Before you sign a rental agreement, you should ask your landlord to insert an early termination clause. This clause can specify terms for breaking a lease in Ohio, including what your written notice to your landlord should look like. The clause can provide a step-by-step process you and your landlord follow, making breaking a lease in Ohio efficient.
Some landlords may refuse to insert an early termination clause. Others may agree to insert a clause on breaking a lease in Ohio, but only if it contains terms beneficial to them. You can talk to an attorney to write a lease termination clause that satisfies both of you.
Keep a copy of your Ohio lease agreement in your unit at all times. Make sure you know what the lease term is and how you can start breaking a lease in Ohio. Pay your rent on time so your landlord has no grounds to remove you.
Make Reasonable Efforts to Resolve Problems
You should see breaking a lease in Ohio as a last resort. Even if you have a clear legal justification for breaking a lease in Ohio, your landlord can still harm your rental history, harass you, and sue you for breaking the lease.
If you’re thinking about breaking a lease in Ohio because your landlord is failing their obligations, you should send them a letter discussing that. Explain to them what they’re doing wrong and give them suggestions on what to do. Keep a copy of your letter so you have proof that you tried to resolve the problem.
Contact an Attorney
You should always contact an attorney before you break any written agreement. A housing attorney can look over your notice and explain to you how to break a lease in Ohio. They can also negotiate with your landlord to reduce or eliminate any penalties specified in your lease agreement.
If your landlord sues you, your attorney can represent you in small claims court. Your attorney can also file a lawsuit against your landlord for violating your landlord tenant law Ohio rights or including an unconscionable clause. Visit a few different lawyers in the largest cities in Ohio so you find the right one for breaking a lease in Ohio.
Plan to Move out in Advance
You should prepare to move out before you start breaking a lease in Ohio. Find a new rental unit or home for yourself and contact a moving company that can handle the move. Do not break your lease if you cannot find a new home for yourself. Remember to transfer your Cleveland, OH utilities and redirect your mail to your new address after breaking a lease in Ohio.
Are you preparing to move out after breaking a lease in Ohio? Contact Summit Moving now!
Write a Notice
Writing a notice lets you explain to your landlord what’s going on. You should provide a legal justification for why you’re breaking your lease in Ohio early and clarify what legal provision protects you. You can include evidence about any laws they’ve broken, like failing to provide heat or harassing you.
You cannot start breaking a lease in Ohio for medical reasons unrelated to your landlord’s treatment of you. You also cannot start breaking a lease in Ohio if you’re buying a house in Ohio. However, you can mention these reasons in your notice.
Remember to send your landlord the written notice at least 30 days in advance. Continue to make rent payments even after you’ve written your notice, so you don’t have to pay penalties. You can send the notice however you want, including through an email.
Minimize Your Early Termination Penalty
Even if your lease agreement mandates a penalty for breaking a lease in Ohio, you can talk to your landlord about minimizing or avoiding the penalty. Most landlords will waive the penalty if you find a new tenant for them. Ask your friends and family if they’re interested. You can also get advice from them on how to break a lease legally in Ohio.
You can also sublet the property. You can add someone to your lease agreement and allow them to rent out part or all of your property. The replacement tenant will pay rent to you, and you can then give the money to your landlord. This is a good strategy if you’re on active military duty and want to return to your unit at some point.
You don’t have to meet with your landlord if you don’t want to. You can ask your lawyer to talk to them and negotiate minimizing your penalty.
Move Out
Move out as soon as your negotiation is over. Waiting to move out can lead to your landlord harassing you. Ask for help from your movers so you don’t need to ask your landlord for anything.
How to Break a Lease in Ohio
Breaking a lease in Ohio can seem difficult, but the law is clear. You can break a lease if your landlord harasses you, denies you important services, and creates an unsafe or unclean place to live. You can also break your lease if it contains unfair terms or waives your rights to safe housing. Soldiers going on active duty can break their lease early as well.
No matter why you’re breaking a lease in Ohio, you should contact an attorney. Review the terms in your lease agreement and negotiate with your landlord to avoid legal consequences.
Be ready to move out as soon as possible with an experienced moving company. Summit Moving has over 60 years of experience in the moving industry. Call 330-633-3633 for a free estimate now.
