ATTENTION: The following information is NOT legal advice. If you need legal assistance regarding a lease, contact a lawyer.

WHAT IS A LEASE?

A lease is a contract between a landlord and a tenant that provides for the rental of real property. A lease is binding and enforceable through the courts. A lease is usually in writing but it can be oral. If the lease lasts longer than 1 year, it must be in writing. The Ohio Landlord-Tenant law imposes several requirements for residential leases. These requirements are described below. Commercial leases are not covered by the landlord-tenant statute.

BENEFITS OF A LEASE

Most leases last for a period of time such as 6 months or 1 year. These leases usually cannot be changed before they expire, so a tenant is protected from rent increases while the lease lasts. However, a month-to-month lease can be changed or terminated upon 30 days notice. If you want protection from rent increases then a lease may be a good idea, but read the lease carefully to see if it can be changed before it expires.

DRAWBACKS OF A LEASE

The biggest benefit of a lease is that it protects a tenant from rent increases during the length of the lease. The biggest drawback of a lease is that the tenant is bound to stay for the lease period. Therefore, if you plan to move in the near future, think twice before you sign a lease.

WHAT IS INCLUDED IN A LEASE?

A lease by law must contain the name of the owner and the owner’s address. If the owner is a corporation, association, or other entity, the address shall be the principal place of business in the county where the property is located. Common provisions of a lease usually include the names of the landlord and tenant, the address of the rental unit, the length of the lease, the amount of the rent, when the rent is due, the amount of the security deposit, and any house rules.

WHAT PROVISIONS ARE ILLEGAL OR UNENFORCEABLE?

The Ohio Landlord-Tenant law prohibits a lease from containing the following: (1) any language that reduces a tenant’s rights under the landlord-tenant law; (2) any confession of judgement where the tenant gives up the right to legal proceedings; (3) any provision to pay the landlord’s attorney fees; (4) any language that reduces or eliminates a landlord’s liability, or shields the landlord for that liability; (5) any provision that reduces or eliminates a landlord’s obligations described above; (6) any language found by a court to be so unfair that it is "unconscionable."

If your lease contains an illegal or unenforceable clause, your lease remains valid, but a court can strike the language if you and the landlord go to court.

TERMINATION OF LEASES

If a landlord does not comply with his/her obligations under the lease or under the law, the tenant may terminate the lease. First, the tenant must give the landlord written notice of the conditions that violate the lease or that violate the law. Second, the tenant must give the landlord a reasonable time to correct the problem. A reasonable time is usually 30 days but can be shorter in emergencies. Third, if the landlord does not take care of the problem, then the tenant may give written notice to the landlord that they are terminating the lease because the landlord has not corrected the problems mentioned in the tenant’s first letter. Remember, you have signed a legal contract, so before you break a lease, check with CTO or an attorney.

If you move out before your lease expires, your landlord can’t prevent you from moving. However, you run the risk of being sued for the rent remaining on the lease. Also, the landlord can report your name to the credit bureau.

Your obligation to pay rent under the lease ends when the landlord re-rents your unit. Under the law, a landlord must make reasonable efforts to re-rent your apartment. So take steps to make sure that the landlord makes reasonable efforts to re-rent your apartment. Notify the landlord as soon as possible of your intent to leave. Advertise the premises and provide the landlord with the names of qualified persons who wish to rent the premises. Keep copies for your records. If the landlord sues you, the names will help to show that the landlord did not make reasonable efforts to re-rent the premises.

RENEWAL OF LEASES

Most leases state how long the lease will last. A lease expires on the last day of the stated term unless the lease has an automatic renewal clause or unless the parties agree to extend the lease. A lease with an automatic renewal clause renews automatically unless either party notifies the other party before the lease expires (usually 30 days or 60 days before the lease expires). If your lease has an automatic renewal clause, make sure that any notice to terminate satisfies the notice required by the lease.

When the parties agree to renew a lease, the landlord can increase the rent, increase the security deposit, add new terms, and alter old terms of the lease anytime before the new lease begins.

A month-to-month lease can be terminated upon 30 days notice by either party. The notice must be given 30 days before the rent is due. For example, if the rent is due on May 1, and the landlord gives a notice to vacate on April 15, the notice is not good until June 1, NOT May 15.

When a lease expires, a tenant may continue to occupy the premises unless the landlord has given the tenant proper notice to vacate. If the landlord accepts the rent for the month following expiration of the lease, then the parties have entered into a month-to-month rental agreement. Therefore, the lease can expire and the parties can continue on a month-to-month basis. This is perfectly valid, but the tenant loses the protection of the lease.