Asked in Landlord - Tenant for Ohio

Q: My lease is up on June 19th and the new rental can not guarantee it will be ready until June 30th. What are my rights?

I have left several messages with our current property manager but have yet to hear back from them. We have been legal tenants for just over 2 years with no issues. The landlord offered us a lease renewal, but we elected to decline and turned in a 60 day notice as is required in our lease. The new rental property has not sent us a lease agreement and said we will not sign until our move in date. In mid-May they informed us they could not guarantee our new rental would be ready until June 30th due to Covid related worker shortage and logistical delays. Someone from the front office at our current rental (not the property manager) said we could not extend our occupancy until June 30th. There are 2 adults and 2 children in our household. Do we have any legal rights to continue occupancy until our new rental is ready? Can the landlord immediately treat us as trespassers on June 20th or do they need to go through the courts to evict us? Would we qualify as tenants in sufferance?

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1 Lawyer Answer

A: Your landlord would have to evict you, yes. But you don’t want an eviction just especially before you’re set to sign a new lease. After all, the new landlord may decide not to rent to you. So yes you have the legal right to get evicted, which would take longer than the two weeks, but that’s not a good solution.

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