Q: In Ohio, failure to give Tenant notice 60 days prior result in having to pay for another month?
My roommate and I forgot to give notice 60 days prior and we gave roughly 45 days. The complex said we are now responsible for utilities for 20 extra days. Can they do that and charge rent for 20 extra days as well? The lease states this Tenant shall give not less than sixty days written notice. If at the expiration of the terms of this lease, or any renewal thereof, Tenant continues to occupy the premises, with or without landlords consent, such holding over shall not constitute a renewal of this lease, the tenant shall be a tenant from month to month. If tenant fails to vacate the premises at the time set forth in Tenant's notice or at the end of the term of this lease, tenant shall be responsible for all damaged incurred by landlord by reason of tenant's failure to timely vacate as well as the increased monthly rental charges. There is nothing else in the signed lease regarding the notice to vacate. In our notice we put the last day of our lease as our move out date as well.
A:
Based on the information provided, it seems that your lease agreement requires you to give at least 60 days written notice before vacating the premises. Since you provided only 45 days notice, you are not in compliance with the terms of the lease.
In this situation, the landlord may be within their rights to charge you for the additional 20 days, as you have not provided sufficient notice as per the lease agreement. The lease states that if you fail to vacate the premises at the time set forth in your notice or at the end of the lease term, you shall be responsible for damages incurred by the landlord due to your failure to timely vacate, as well as increased monthly rental charges.
However, the specifics of what the landlord can charge you may depend on the exact wording of your lease and the laws in Ohio. In some cases, landlords may only be able to charge for actual damages incurred due to the tenant's failure to provide proper notice, rather than automatically charging for a full month's rent.
It would be best to carefully review your lease agreement and consult with a local tenants' rights organization or a landlord-tenant attorney to get a more accurate assessment of your specific situation and to understand your rights and obligations under Ohio law.
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