Breaking a lease in Ohio

Chapter 5321 gives a tenant no general right to end a fixed-term lease early, and no right tied to domestic violence. A tenant may end the rental agreement after certain landlord failures: unlawful or harassing entry, a condition left unremedied under the rent deposit remedy, and retaliation. Chapter 5321 also requires landlords to comply with the rights of tenants under the federal Servicemembers Civil Relief Act; that federal law was not read for this page.

Ohio Rev. Code § 5321.04(B) Ohio Rev. Code § 5321.07(B) Ohio Rev. Code § 5321.02(B) Ohio Rev. Code § 5321.04(A)(10)

• A domestic violence civil protection order may grant the petitioner or another family or household member possession of a residence leased solely by them, by evicting the respondent, or may order a respondent who jointly leases the residence to vacate it. Where the respondent is the sole lessee and has a duty to support the petitioner or another family or household member living there, the order may grant possession to the petitioner or that family or household member and order the respondent to vacate. Ohio Rev. Code § 3113.31(E)(1)(b) Ohio Rev. Code § 3113.31(E)(1)(c)
• After an unlawful entry, a lawful entry made in an unreasonable manner, or repeated harassing demands for entry, the tenant may end the rental agreement. Ohio Rev. Code § 5321.04(B)
• After written notice and the reasonable-time-or-30-days period, a tenant who is current in rent may end the rental agreement. Ohio Rev. Code § 5321.07(B)(3) See Tenant repair remedies on the Ohio page
• A tenant who suffers retaliation may end the rental agreement. Ohio Rev. Code § 5321.02(B)(3) See Retaliation on the Ohio page
• A college or university may end a student tenant's rental agreement early only after a hearing, preceded by written notice, that finds a violation of the agreement or of its code of conduct or other policies. Ohio Rev. Code § 5321.031
• Chapter 5321 does not state the reletting duty. In Frenchtown Square (2003), the Ohio Supreme Court discussed Dennis v. Morgan and explained that landlords must make reasonable efforts to re-rent after a tenant's breach, with reasonableness decided at trial. Frenchtown itself concerned a commercial lease and did not set a fixed reletting deadline. Frenchtown Square Partnership v. Lemstone, 2003-Ohio-3648, paragraphs 15-21
• The opinion qualifies its broader statement about all leases for contrary contract provisions. Whether a particular clause is enforceable requires separate review; this selected case is not a review of every residential lease term or later decision. Frenchtown Square, paragraph 20 and footnote 6
• As a practical way to document reletting efforts, keep dated advertisements, inquiries, showing records, offers and the replacement lease. Keep a clear account of rent received and the amounts claimed, so a court can assess the losses and the steps taken. Frenchtown Square, paragraphs 15 and 19-21

Either you or the tenant may end or decline to renew a month-to-month tenancy by notice given at least 30 days before the periodic rental date, and a week-to-week tenancy by notice given at least seven days before the termination date the notice states.

Ohio Rev. Code § 5321.17

• Section 5321.17 requires notice to be given but does not say it must be in writing. Ohio Rev. Code § 5321.17(A) Ohio Rev. Code § 5321.17(B)
• A tenant who holds over after the tenancy ends can be evicted after the three-day notice to leave. Ohio Rev. Code § 1923.02(A)(1) Ohio Rev. Code § 1923.04(A)
• You may not bring or threaten an eviction to retaliate for a protected complaint or collective negotiation, but you may still bring one against a tenant holding over the tenant's term. Ohio Rev. Code § 5321.02(A) Ohio Rev. Code § 5321.03(A)(4)
• These notice periods do not apply to a termination for breach, except the drug-activity notice. Ohio Rev. Code § 5321.17(D)