Is this legal? (Landlord/Renter issue)

Emveach

Senior member
Feb 3, 2003
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I moved out of my last apartment when my lease was up. It was ending on Feb 28. I informed the office on Feb 1st that I would not be resigning. They told me I had to give them 45 days notice. My moveout day stayed the same, and I was out by Feb 25.

Yesterday I receive a bill stating that I owed them for rent from March 1-14, as well as a late fee for not paying rent on time.

Can they bill me for rent during a time when I was no longer under a lease or even living at the apartment? (Takes place in Ohio, if thats needed.)
 

spacelord

Platinum Member
Oct 11, 2002
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They might have a clause in the lease about automatic month-to-month after lease expires..
Of course I would assume that if my lease was done on a certain day, I was no longer liable after that...
 

BlueWeasel

Lifer
Jun 2, 2000
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I'm not sure exactly what my lease says, but I think it says you must give them XX days notice regardless of when the lease expires. If it says nothing about that, then you could tell them one day before your lease expires that you are moving out.
 

Vette73

Lifer
Jul 5, 2000
21,503
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also what state? I know NC has a 1 full month notice clause for renters, but may be different from state to state.
 

FlyLice

Banned
Jan 19, 2005
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It doesn't matter what the contract says. Check Ohio law and see how many days you're suppose to give notice. I would imagine it's 30 days...45 just sounds too oddball.
 

CptObvious

Platinum Member
Mar 5, 2004
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I don't know the law in OH but in FL, landlords are allowed to require notice before vacating, provided it isn't over 60 days.
 

Toasthead

Diamond Member
Aug 27, 2001
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Originally posted by: spacelord
They might have a clause in the lease about automatic month-to-month after lease expires..
Of course I would assume that if my lease was done on a certain day, I was no longer liable after that...

thats what i am thinking.
 

Jzero

Lifer
Oct 10, 1999
18,834
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Originally posted by: halik
If the tenant rents month-to-month, either the tenant or landlord can end the tenancy by giving notice 30 days before the rent is due.

linky

If the tenant is under a written lease for a term greater than one month, the lease ends at the end date of the lease, unless the lease states the lease will continue. Rent cannot be raised during the term of the lease.

Of course this leads us back to the first question - what does the lease say?
 

DaWhim

Lifer
Feb 3, 2003
12,985
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81
does the lease say the lease will automatically renewed?

for most leases, you have to renew the lease every year. you can do whatever you want upon the lease expired.
 

Yossarian

Lifer
Dec 26, 2000
18,010
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:music: p-lease re-lease me, let me go :music:

p.s. even if it's only 30 days you're still screwed because you only gave them 27 days notice.
 

PingSpike

Lifer
Feb 25, 2004
21,758
602
126
Originally posted by: FlyLice
Originally posted by: FoBoT
probably. if you didn't give proper notice, then you screwed up. read your lease

lease doesn't mean sht if it's illegal.

Just because the legal minimum is 30 days, doesn't mean a legally binding contract couldn't require otherwise.
 

Emveach

Senior member
Feb 3, 2003
319
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My lease says: That I have to give 1 month notice. It doesn't say any day amount. It's not my fault that Feb only has 28 days. The 45 days was told to me verbally by the managers office. A month-tomonth plan was offered after my first year there, but they said it was a different contract that I had to sign for, not an automatic contract that begins when the current lease expires. It's also not set up for auto renewal of my 1 year lease. I had to resign every year.