Full question:
If a person pays a deposit for a rental house and signs the lease on that same day in advance of the date the lease starts, then decides not to move in still prior to the agreed upon date, can the landlord still charge the tenant rent until the dwelling is re-rented even though the tenant has not received keys?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Ohio
Answer:
The terms of the lease should be read carefully to determine if there are provisions allowing for early termination. If a tenant wishes to terminate a lease before the lease expires and it's not due to any fault on the landlord's part, the tenant may be held liable for the full term of the lease and the security deposit may be used for rent due. However, the landlord has a duty to mitigate, or minimize, damages by making a resonable attempt to relet the premised to another tenant, such as by advertising the property and showing it to prospective tenants. It is possible in some cases for a tenant to negotiate to terminate a lease early, usually by offering some form of compensation to the landlord.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
