How long do you have to stay in a rental house if your lease is up at the 30 of the month and the landlord doesn’t want to renew?

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How long do you have to stay in a rental house if your lease is up at the 30 of the month and the landlord doesn’t want to renew?

Our landlord wanted a 2 year lease after our first year was over and he wanted to increase the rent by 5%. We wanted to only sign for one additional year. He then states we still owed the deposit which I have the statement showing he cashed it . He then proceeded to say we must of missed a months rent but I also have a bank statement showing we did not. Our lease is up in 18 days; how long do we have before we must move out? And how can we avoid an eviction notice which is a permanent record in public records?

Asked on June 13, 2012 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can always move out early, so long as you are willing to pay any amounts you owe for the remaining balance of a lease term or for insufficient notice. If your current lease is up in 18 days, one possibility is to move out ahead of time and surrender possession to the landord (giving up no more than 18 days or rent): you would do so by returning the keys and also by sending him letters (sent some way you can prove delivery, like certified mail with return receipt, or fed ex) clearly indicating you are surrendering possession. Once you have surrendered possession, you cannot be evicted; if the landlord tries to evict you, at court tell and show the judge that you surrendered possession. The landlord can still try to sue you for any monetary amounts he claims you owe (and you can of course defend yourself against such a suit, such as by showing that you did in fact pay), but he can no longer evict you.


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