Q: Landlord auto renewed lease. I am bound to a new one year lease term. What are my options for getting out of new lease?
In April 2017 I gave verbal notice to my landlord/property management team that I did not intend to stay past my 7/31/2017 lease because I had found a more flexible housing situation. The employee I spoke with made a note, but nothing official was signed. I sent the landlord an email on 7/23/2017 of my intention once again and that the apartment would be cleaned and ready to turn in before 7/31. Management replied that since I had not given 60 day written notice per my lease, that it was automatically renewed for a full year. It does state that in the lease agreement. Can the landlord enforce this Evergreen Clause as there is precedence in Ohio Law where an automatic renewal lease did not apply because "strict enforcement of contractual language requiring a written notice of an intent not to renew a lease agreement can be both hypertechnical and unconscionable"?
A: If the lease states that it will renew unless notice is given, and the landlord wants to enforce that, then the landlord can sue you for breach and seek monetary damages for lost rent. The court will then determine if your notice is valid or the renewal is enforceable. Even if landlord doesn't sue, the landlord could make an adverse entry on your credit record, lowering your credit score, and making it difficult to rent from a landlord who checks your credit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
