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  1. #1
    Join Date
    Sep 2020
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    3

    Default Lease

    My question involves landlord-tenant law in the State of: Ohio
    I signed my lease in 2018 and it said i had a 5 day grace period to pay rent. A few months ago i told my landlords daughter that i was going to use that 5 day grace period and paid my rent in 4 days. My rents due on the 3rd i paid on the 7th. On the 6th my landlord told me he was changing the grace period to 3 days and i signed the revised lease on the 10th. My landlord said that i still had to pay a late fee because i didn't pay rent that month within the 3 days. I thought i was still under the old lease until i signed the new lease and i refused to pay the 75 dollar late fee and now he sent me a notice too leave the premises... Im scared im going too be homeless because i have no where else too go. I have never been late on my rent and if i end up being wrong ill pay whatever Money i owe him. It states in the lease he can change it whenever but i thought that its not valid until i sign it... Am i wrong ? And any advice on what i should do?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,423

    Default Re: Lease

    Quote Quoting RyanLee1989
    View Post
    My question involves landlord-tenant law in the State of: Ohio
    I signed my lease in 2018 and it said i had a 5 day grace period to pay rent. A few months ago i told my landlords daughter that i was going to use that 5 day grace period and paid my rent in 4 days. My rents due on the 3rd i paid on the 7th. On the 6th my landlord told me he was changing the grace period to 3 days and i signed the revised lease on the 10th. My landlord said that i still had to pay a late fee because i didn't pay rent that month within the 3 days. I thought i was still under the old lease until i signed the new lease and i refused to pay the 75 dollar late fee and now he sent me a notice too leave the premises... Im scared im going too be homeless because i have no where else too go. I have never been late on my rent and if i end up being wrong ill pay whatever Money i owe him. It states in the lease he can change it whenever but i thought that its not valid until i sign it... Am i wrong ? And any advice on what i should do?
    He needed to give you notice of changes. He cannot make changes retroactively. If he tried to evict you over that I am pretty sure that he would lose. What is the term of the new lease? Is it a month to month or longer lease? The problem is that if he loses in court, he could give you 30 days notice to move out.

  3. #3
    Join Date
    Sep 2020
    Posts
    3

    Default Re: Lease

    Quote Quoting llworking
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    He needed to give you notice of changes. He cannot make changes retroactively. If he tried to evict you over that I am pretty sure that he would lose. What is the term of the new lease? Is it a month to month or longer lease? The problem is that if he loses in court, he could give you 30 days notice to move out.
    The only thing that changed in the lease was the grace period, it changed from 5 days to 3 days. Im looking for another place right now i just need time to save up money and find a place and he only gave me 30 days on the notice to leave the premises. I've always paid rent on time and if i knew he was going to change the lease i would have taken out a loan and not even used the grace period.

    And it's month to month

  4. #4
    Join Date
    Oct 2006
    Posts
    16,423

    Default Re: Lease

    Quote Quoting RyanLee1989
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    The only thing that changed in the lease was the grace period, it changed from 5 days to 3 days. Im looking for another place right now i just need time to save up money and find a place and he only gave me 30 days on the notice to leave the premises. I've always paid rent on time and if i knew he was going to change the lease i would have taken out a loan and not even used the grace period.

    And it's month to month
    I didn't realize that he had given you 30 days notice. He doesn't need a reason for that since you are month to month.

    Then you really do need to pay the $75.00. However, only do that if he agrees, in writing, to rescind the 30 days notice.

  5. #5
    Join Date
    Sep 2020
    Posts
    3

    Default Re: Lease

    Quote Quoting llworking
    View Post
    I didn't realize that he had given you 30 days notice. He doesn't need a reason for that since you are month to month.

    Then you really do need to pay the $75.00. However, only do that if he agrees, in writing, to rescind the 30 days notice.
    The 30 days notice is to leave the property after i refused to pay the late fee. He told me he was revising the lease 3 days after my rent was due. If i knew he was going to do that i would have made sure i had rent money but i was still on the original lease... Ill write up a timeline to give you a better idea.

    8.3.20: told landlord i was using 5 day grace period.
    8.6.20: landlord told me he was revising lease.
    8.7.20: paid rent in ful
    8.10.20: i signed revised lease agreement tar changed 5 day grace period to 3 days.

    I can't believe they can do that. I guess my only option now would be to sell everything i own and sleep in the woods by my work until i can get a place to live... Ill never trust another lease... Thank you for your help.

  6. #6
    Join Date
    Sep 2020
    Posts
    134

    Default Re: Lease

    Pay the $75 along with sweet apologies for causing this big mess. As part of that, ask (very politely and sweetly) if he will rescind the 30-day notice.

    With that said, you are almost definitely in the right here...but if $75 will keep you from being homeless on the street, it's a very VERY small price to pay.

  7. #7
    Join Date
    Nov 2009
    Posts
    879

    Default Re: Lease

    I agree with Zigner above. The problem with landlords is that itís not exactly a level playing field, and as a practical matter it often works better not to challenge them until AFTER you are safely moved into a new place. By then itís likely there will be other issues such as if he makes an unreasonable claim for damage and keeps too much or all of your deposit. At that time you can freely serve him with a small claims summons and settle all your disputes with the help of a judge.

    In Ohio per ORC 2305.6 you have 8 years after the cause of action occurred to sue him, so really thereís no hurry. Meanwhile you will need to keep good records of all dealings with the landlord.

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