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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default What Notice is Required to End a Verbal Lease

    My question involves landlord-tenant law in the State of: Ohio
    My sister moved in with an acquaintance, verbally agreed to pay $ each month, but did not state duration of residency, no deposit was required. She was on disability, forked over her full check to this woman each month and the woman misused the money leaving her with nothing. My sister wants to move back with her family in another state. The woman says my sister owes her for next month's rent and is threatening to take her to court. My sister never signed anything with this woman or the woman's landlord. Is this legal?

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Verbal Lease, No Time Limit, Can I Move Immediately W/O Paying Next M Rent Ohio

    Verbal rental agreements are legal. The difficulty is establishing what the terms are.

    It appears there is evidence that it was a month-to-month rental for the amount she paid each month.

    I do not understand what you mean by "the woman misused the money leaving her with nothing." What was the money supposed to be used for? Room and board?

    Ohio law Chapter 5321 governs these issues. 5321.17(B) in particular says 30 days notice must be given. That, however, is not necessarily the same as "next month's rent". The code does say "notice" and not "written notice", so, for example, if your sister told the acquaintance on April 20 that she was moving, your sister would owe rent through May 20, so if she paid on the first of each month, then on May 1 she would owe 20/31 = 64.5% of the month's rent.

    Although Code 5321.14 does say that unconscionable terms are prohibited, it restricts such terms to be matters of law. So if your sister agreed to pay far above the prevailing rate for similar services, that seems to be an issue of fact, not of law.

    If your sister could argue that part of her payments were for services (e.g., food preparation, or aid & assistance) that were not delivered, then that would be an argument that she had a positive balance, that may be sufficient cover the remaining rent due.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Notice is Required to End a Verbal Lease

    If your sister established a month-to-month tenancy with this other woman, then she has to give a 30 days notice to move. You don't need to have a written lease to establish a tenancy. An oral agreement will suffice. If your sister wants to move without giving 30 days notice and move to another state and her roommate / landlord sues her, odds are that her roommate / landlord will get a default judgment - not that it would be easy to enforce across state lines.

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