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Old 07-09-2014, 10:05 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727

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Ohio law decrees 30 days minimum notice which can be agreed upon to go by calendar month. If your rent is due on the 1st of the month that would mean you would give notice May 31 and vacate by June 30. You didn't give notice until June 8 and didn't move out until July 8 and technically your Ll could charge you rent for the whole of July. You said you would move out by July 8 and just because you moved out before that means nothing, and particularly since you retained possession until June 8 when you handed over the keys.

Consider it fortunate that the LL is only charging you pro-rated rent for the eight days in July. This will come out of your security deposit which will be returned to you within 30 days of July 8.

Since you were scheduled to leave July 8, the power should have stayed on until then and ideally you should have discussed it with your LL.
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Old 07-09-2014, 10:33 AM
 
Location: Ohio
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Basically he could have charged us for all of July but hes not and he can charge us for the time we were there- until July 4.
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Old 07-09-2014, 11:14 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by Ohky0815 View Post
Basically he could have charged us for all of July but hes not and he can charge us for the time we were there- until July 4.
Wrong. You specifically told the LL you would be out by July 8th and this you have to abide by. It makes no difference at all that you moved out a few days prior. You owe pro-rated rent to July 8th and this is the date you not only said you would leave but the day you handed over possession of the place to the LL by giving him back the keys.
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Old 07-09-2014, 11:47 AM
 
Location: Ohio
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Ok. Well thanks everyone for the help. We will try talking to him when we meet again Friday and hopefully get it all sorted out and handled.
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Old 07-09-2014, 12:31 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
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I'm not sure what you think you have to "sort out" and suggest you tread with caution. Under OH landlord tenant laws, "... the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date." Your periodic rental date is the 1st of the month and your LL can thus legally charge you rent for the whole month of July. Not sure how to explain this any more clearly to you.
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Old 07-09-2014, 01:43 PM
 
Location: Ohio
5,624 posts, read 6,844,919 times
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Quote:
Originally Posted by STT Resident View Post
I'm not sure what you think you have to "sort out" and suggest you tread with caution. Under OH landlord tenant laws, "... the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date." Your periodic rental date is the 1st of the month and your LL can thus legally charge you rent for the whole month of July. Not sure how to explain this any more clearly to you.
I understood you. he could of/still could charge all of July. So far he has only said the 8 days. I meant sorting out anything else- he hasnt inspected the apartment yet (which should go fine).
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Old 07-09-2014, 02:01 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
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Thanks for clarifying. Hope the inspection goes well!
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Old 07-09-2014, 08:03 PM
 
Location: Columbus, OH
575 posts, read 1,469,059 times
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I gave my apartment a 30 day notice on June 12 so I would be leaving July 12. I paid for 12 days worth of rent. July 1 - July 12. You don't owe all of July. You owe the 8 days you said you would be there regardless of whether or not you were really there. For example, I'm actually moving July 11 but I still paid the extra day anyway.
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Old 07-09-2014, 08:14 PM
 
Location: Silicon Valley
18,813 posts, read 32,505,733 times
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You are required to give 30 days notice. That means, you have to pay for all of those 30 days. In your case, this ended July 9th. So, you owe rent through the full 30 days. If you haven't paid for those days, then your LL can take it out of your deposit.

Doesn't matter if you actually moved out before the 30 days was up.

If what you are proposing was legal, then someone could give 30 days notice today, and move out tomorrow, and only have to pay one day's rent. Doesn't work that way.

Also, for future reference, until you turn those keys over, you can be charged rent, in most cases.

I don't see how the LL can expect you to keep paying for the utilities after you vacate, though. Especially, since you don't have a written lease that spells out that you have to let him know when you're turning it off, etc. I think he loses on this point.

And as others have said, you're lucky he only wants to charge you through the 8th. He doesn't have to do that for you.
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Old 07-11-2014, 12:43 PM
 
Location: Ohio
5,624 posts, read 6,844,919 times
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hubby met with landlord:

He wants all 8 days of July.
He is charging us for a hall light globe.
Hes charging us for a fridge shelf.
Hes saying the 1 bdrm closet doors are messed up (the bi folding kind that NEVER stay on the track).

Thats it. The over all condition was good. Just those things, which are thankfully not major things but things we overlooked.
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