When my lease ends, am I still obligated to give 60 days notice before moving out?

Question

I live in Ohio, and my lease is over January 1st. My landlord says I have to give 60 days notice before I move. Doesn't my lease ending mean that I no longer have any obligation to them (with the exception of repairs). If I am required to give 60 days notice by law, what actions can she take on me if I lease is over?

Isn't the lease there to legally require you to pay rent and not allow you to move out, so how does it work out that even though my lease is up, I'm required to pay two extra months rent because I haven't given 60 days notice yet??

Answer 1

I wish I could tell you but it depends what the lease says. In some leases there is an automatic out clause but it depends what form he used. Can you reply with the text of the lease ?

Answer 2

Even if your lease expires January1, you still need to give a written notice that you are leaving. The lease will tell you how much notice that should be. For most leases, if the lease ends Jan. 1, you would have to give a 30 day notice to quit. When the lease ends on Jan 1st, you unusally go to a month to month agreement unless your lease says something else or you have signed a new agreement with the landlord. I don't know where this 60 day thing is coming from but I would check with Fair Housing. They should be able to give you advice for your area.

Also, the landlord cannot receive rent for the same apt. for the same time period. It is the landlord's responsibilty to do the best they can to re-rent the apt. If they do rent it, you are no longer responsible for the rent from that point on. Don't let them bully you. A lot of them do that cause they think that you don't know the law and will just let it go. Most people don't pursue it. It takes a lot of work sometimes, but they will back down if they are wrong. Just tell them that you are checking with Fair Housing and will report them if they aren't following the law. That is all it usually takes.

Both landlords and renters have rights. You just have to find out what your rights are. Fair Housing!!!

Answer 3

Your landlord should have provided you with a 60 day lease renewal notice...this is in effect your notice to her and her notice to you.

Normally, the lease agreement is renewed or not, 60 days prior to the end of the current lease taking place which in this case means you should have received a Lease Renewal agreement sometime in Oct which you would sign to indicate yes you are staying or no you are not.

If the lease renewal was never negotiated you automatically go on a Month to Month tenancy agreement beginning Jan 1 and in that case you are required (as is your landlord) to give a minimum of 30 days notice if you move out or if she wants you out.

If you never received the notice, ask the landlord why not...she is just as obligated to ensure you have sufficient notice to vacate as you do to let her know that you will vacate or stay. If she chooses to use the assumption that she never heard from you etc., the door swings both ways. In this case you may end up having to stay now til the end of Jan in order to fullfil the sufficient notice clause of your tenancy agreement...but in the same token, the landlord now has to fulfill it too and no, she cannot charge you additional rent over and above your normal monthly amount and if she intends on increasing rent...she still can't do this unless she notifies you in writing in advance as well.

Check with your local Tenant and Landlord Office for specifics on ensuring that your landlord is acting accordingly.

Answer 4

You have to check your lease. Most leases require a 30 day written notice to the landlord that you will be vacating the premises on January 1st. Your's may say that you have to give 60 days. Look at it. Leases are extremely hard to break. You may lose your security deposit if you gave no notice and vacate. If you do not have a lease, you are on a month to month lease. This still requires a 30 day written notice prior to vacating. Good luck.

Answer 5

Landlord-Tenant Law is usually very precise (it is in Florida where I live). Look up Landlord-Tenant Law under the Ohio Statutes and READ THEM. They are usually very easy reading and will spell out exactly what your rights are as a tenant--and what the landlord can realistically require of you in a contract. However, if your lease specifies 60 days notice and YOU SIGNED IT prior to taking residence on the property, well then, you are probably screwed. Consensually signed contracts are usually golden and usually supersede the state law because the landlord can argue in court that you were aware of enhanced stipulations in the lease agreement.

I agree with jeah114--once the lease expires--it should revert under state law to 30 days notice if you paid rent every 30 days. Good luck.

Answer 6

I think all the other answers are not understanding you question. If you have a lease you are not required to give notice if you intend to move on the last day of your lease. You didn't even need to give him the 30 day notice that you did. That was nice of you but not required. And no you don't owe the months rent after your lease is up.

Answer 7

Go and read the fine print on the lease. Does it say the lease automatically renews? I am certain that she would want some advance notice if you don't plan to remain there. If there is no automatic renewal and you don't feel that being considerate is warranted, I don't believe she has a case. Have your lease looked at by an experienced business person or law student.
If you paid an advance and deposit, that seems to be what you may forfeit by leaving, although not without recourse, perhaps.

Answer 8

Usually, when your lease expires, your rental automatically becomes a month-to-month lease. That means that you just need to give your landlord 30 days notice. It protects both the landlord and the tenant since if your landlord wants you to vacate the property, she must give you 30 days notice as well.

If your lease specified 60 days notice, then technically your landlord can hold you to that....but only for the period in which your lease is valid (once it expires, it reverts to 30 days notice).

Answer 9

If you pay rent, you are allowed to stay.

What does your lease say? Your landlord may be interpreting that generously on their behalf, when the wording could help you out. Typically, the landlord asks if you wish to renew and you say yes or now, and move on. If the lease auto renews on a month to month basis, then you do have to give 30 days notice, but not 60 since you (and he) are only agreed to month to month tenancy. If it auto-renewed to another year term, you might have to give the 60 days.

Answer 10

Even though your lease expired and it now reverted to a month to month tenancy you are still obligated to the original terms of said lease if this included a 60 day notice you will still be obligated to perform .