If I think that my landlord has lost my lease and I haven’t paid rent in 6 months but I still have no eviction notice, what do I do?

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If I think that my landlord has lost my lease and I haven’t paid rent in 6 months but I still have no eviction notice, what do I do?

Asked on October 11, 2012 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the landlord has lost his/her physical copy of the lease, you are still bound by its terms; therefore, if the lease has not yet ended or expired, you still are obligated to pay rent and may not leave the premises early (until lease end) without penalty. If the lease has expired, you are now a month-to-month tenant, and either you or the landlord may terminate the tenancy on a month's notice.

Whether the lease expired and you're month to month, or still is in effect, you owe rent for all the time you have lived there. If you have failed to pay rent, the landord may seek to evict you; the landlord could also sue you (such as in small claims court) for the money.


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