Clifton, NJ asked in Real Estate Law for Ohio

Q: A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restart?

A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restarts every month and therefore we need to go before the board every month to get this "new" lease approved. Is he a$$ backwards like he seems?

Related Topics:
2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: How often a lease review is required, depends on what your lease says and what the condominium declaration and bylaws say, and any rules established by the board for leases, and how the board implements those rules. If you don't comply with what the board requires, they can take those actions against you that are authorized by the declaration, bylaws, and rules. If you disagree with what the board's attorney has advised the board, then send a letter to the board and ask to meet with the board to discuss it. Or use the Find a Lawyer tab to hire your own attorney to review all those documents and communicate with the board.

Bruce Martin Broyles agrees with this answer

Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Lancaster, OH
  • Licensed in Ohio

A: My understanding of a month to month lease is that it automatically renews as between the Landlord and the tenant. It does not cancel and restart. It sounds as though the Condo Association is simply trying to make it difficult for you to rent the condo.

However, I agree with Attorney Japp, if the Association bylaws require a monthly lease review, then you are required to follow the bylaws.

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.