Breaking a Lease Early in Ohio: What Are My Options?

If you leave without a legal reason

1. 1

   In most cases, if you break your lease or move out early, you will probably owe rent. You owe it until your lease ends or until your landlord rents to someone else.

   Source:

   1. "Can I break my lease and not pay?" section, Ohio Legal Help. A nonprofit group.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

2. 2

   Your landlord must try to rent the home to someone else as soon as possible. Tell your landlord as soon as you can that you must move out. That gives more time to find a new renter. You could help find one. If it is rented again quickly, you may still owe costs, like rent for the empty time, re-rental fees, or damage you caused.

   Source:

   1. "Can I break my lease and not pay?" section, Ohio Legal Help. A nonprofit group.
3. 3

   For example, say you have 6 months left on your lease at $1,000 a month. Your landlord rents the home again after 1 month. You may owe about $1,000 for the empty month, plus any re-rental fees. That is far less than the $6,000 left on the lease.

   Sources:

   1. Our editorial rules.
   2. "Can I break my lease and not pay?" section, Ohio Legal Help. A nonprofit group.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

When you can leave early

4. 4

   Say you reasonably believe your landlord is breaking a repair duty in the law or your lease. Send your landlord a written notice that says what is wrong. The law gives your landlord up to 30 days after they get your notice to fix it, and less if the problem is serious. If they do not fix it and you are current on rent, you may end your lease.

   Sources:

   1. § 5321.07(A), Ohio Revised Code. Law.
   2. "Can I break my lease and not pay?" section, serious material problems, Ohio Legal Help. A nonprofit group.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   From Coalition on Homelessness and Housing in Ohio (COHHIO).
   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

5. 5

   Ending your lease over repairs this way does not work if your landlord has 3 or fewer rental homes and told you so in writing. It also does not work if you are a student tenant.

   Source:

   1. § 5321.07(C), Ohio Revised Code. Law.

How to leave

6. 6

   You or your landlord may end a month-to-month lease (a lease that renews each month). The notice must come at least 30 days before the day rent is due.

   Source:

   1. § 5321.17(B), Ohio Revised Code. Law.
7. 7

   Tell your landlord in writing when you want to end your lease, whatever kind of lease you have. A text or email might be enough, but it is a good idea to send a letter too.

   Source:

   1. "How do I tell my landlord I want to end the lease?" section, Ohio Legal Help. A nonprofit group.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

8. 8

   You can ask your landlord for a settlement agreement, also called a "buyout" (you pay to end the lease early). You might give up your security deposit and pay an extra month's rent, and your landlord accepts less than the full rent you owe. Get it in writing, signed by you and your landlord. It should say the lease ends and you owe no more rent.

   Source:

   1. "Can I work with my landlord to pay less?" section, Ohio Legal Help. A nonprofit group.
9. 9

   You can ask your landlord to let you sublet (find another person to take over your lease and pay the rent). Get your landlord's permission in writing first. If that person does not pay on time, your landlord can still come after you for the money.

   Source:

   1. "Can I work with my landlord to pay less?" section, Ohio Legal Help. A nonprofit group.

After you move out

10. 10

    Your landlord may use your security deposit for past due rent and for damage you caused. The landlord must send a written list of what was taken out, with the amount due. It must come within 30 days after your lease ends and you hand over the home.

    Source:

    1. § 5321.16(B), Ohio Revised Code. Law.
    Tip.

    Before you leave, clean the home and take photos of how you left it.

11. 11

    You must give your landlord a forwarding address (your new address) in writing. If you do not, you cannot win money or attorneys fees from your landlord under the deposit law.

    Source:

    1. § 5321.16(B), Ohio Revised Code. Law.
12. 12

    If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.

    Sources:

    1. Our editorial rules.
    2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
    3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
13. 13

    Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

    Sources:

    1. Our editorial rules.
    2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
    Tip.

    If you get court papers, do not ignore them. Go to court, or you can lose the case.

    From Consumer Financial Protection Bureau.

Special protections

14. 14

    If you are called to active-duty military service, you may be able to end your lease early without consequences, under the Servicemembers Civil Relief Act. Your landlord must follow your rights under that law.

    Sources:

    1. § 5321.04(A)(10), Ohio Revised Code. Law.
    2. "Can I break my lease and not pay?" section, active-duty military service, Ohio Legal Help. A nonprofit group.