Q: Hello I lived in NC and binding to lease in OH starting on MAY26th 2018, my family cannot move to OH, can I break lease?
I informed landlord on March29th 2018, paid security deposit, first and last month rent and pro rate in MAY26 to MAY31. A total of cash I paid is 4470.96 usd in total. Can my family get some of this money back ?
Is there any legal action i can do to break lease legally and get some money back, I prepare to lost security deposit which is 1400 usd but i think the landlord needs to refund me my first month and last month rent since I informed them at least 60 days. And if I need a lawyer for my case, how much is it ?
( I drove to see the house on March28th and on March29th I emailed landlord and agent that we cannot move in, during the time before March 28th, I felt that I got rush to signed the lease via email before seeing the house and asked to send money to them to hold the house and used some money to replace new carpet in 3 bedrooms, and buying washer and dryer in basement.) Last email, landlord dont want to return my money and asked me to pay for all costs mentioned earlier.
A: Use the Find a Lawyer tab to retain a real estate attorney in OH to review the lease and the facts and advise you if you have a basis to try to terminate the lease or to sue in small claims court to recover any amounts paid to landlord. Or landlord could sue you for the rent, minus any rent collected from a new tenant. Landlord also could make an adverse entry on your credit report, lowering your credit score and making it difficult to rent from a landlord who checks your credit.
A: You provided the Landlord with 60 day notice that you were breaching or terminating the lease. The landlord has a duty to mitigate his damages by finding another tenant to lease the apartment. If the 60 day notice provided a return address, I would assert that the landlord has failed to timely return your deposit. The Ohio Landlord Tenant Act at R.C. 5321.16 provides for the return of the deposit plus damages equal to the amount wrongfully withheld, as well as attorney fees.
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.
