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In a rental-lease agreement that contains a 30-day written notice of intent to move out requirement how does that work?

Massillon, OH |

What I mean is , say the signed lease is threw Dec / 2013 , can the tenant give the landlord a 30 - day written notice of intent to vacate the apt . say by Mar . 31 , 2013 and be free of his lease commitment threw Dec / 2013 or is the 30 - day notice intended for use near the end of the lease to indicate that the tenant has no wish to renew the lease and will be moving out at the end of the lease period on or near Dec / 2013 ? Thanks !

Apparently I didn't write this question clearly. A: I am the Landlord. B: There is a written provision in the lease requiring the tenant to give me a written 30-day notice prior to moving out of their intent to do so. C: The lease is through Dec/2013 so does this written notice apply only near the end of the lease or can the tenant give me '30-day written notice to vacate' say in April/2013 and they are no longer bound by the Dec/2013 lease? Or are they still bound by the lease even if they move out as long as I make a 'good faith' effort to re-rent the apartment to 'mitigate' the tenants damages? thx

Attorney Answers 3


  1. Typically if the lease contains a definite end term date (like your contract - December / 2013), then that means you are "locked" into that end date and the 30 day notice to vacate has more to do with you not planning on renewing the lease or becomes most applicable after the term expires and you go to a month-to-month tenancy.

    I am licensed attorney in Ohio & Kentucky. Posting a response to your question or issue does not create an attorney-client relationship and I am not providing you legal advice. Every case is fact specific; therefore my response should not be construed as a legal opinion. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights or right to recover damages. This communication does not create an attorney-client relationship with Joseph L. Beyke or Mills, Mills, Fiely & Lucas, LLC.


  2. It depends on how the lease reads...IF the lease reads that it AUTOMATICALLY renews, then your notice may be irrelevant, as you moving out in March, would be a violation of the year renewal. IF you want this to be a month to month, and not renewing a full year, you need to speak with the landlord and see if he is agreeable. If not, then one of two things happens, 1) you are out at the end of the lease, or 2) you automatically renewed for a full year, and you are bound by that. Good luck.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.


  3. You are bound to the lease contract for the full term. If you decide to vacate before the term ends consult your lease to see what the lease breakage fees anf.penalties are. It never hurts to talk to your landlord and nicely ask if they can work with you on the fees. If the lease term is ending or approaching just give thirty days written notice

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