Breaking a lease is a situation that landlords in Cleveland may come across from time to time. Whether it's due to unforeseen circumstances or a tenant's inability to fulfill their lease obligations, it's important for landlords to understand the reasons why a lease may be terminated and how to handle different instances of lease breaking. In this article, we will explore the various aspects of lease agreements, the significance of having a valid reason to break a lease, and some common valid reasons for tenants to terminate their lease in Cleveland.
Let's dive in!
Disclaimer: The information provided in this blog does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this blog are for general informational purposes only.
Understanding Lease Agreements
A lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions of the rental arrangement. It specifies the rights and responsibilities of both parties throughout the duration of the lease.
Lease agreements typically cover aspects such as rent amount, due date, duration of the lease, security deposit, maintenance responsibilities, and rules for terminating the lease. They can also include clauses regarding pet policies, noise restrictions, and subletting. It is important for lease agreements to be thorough and clear for the sake of managing potential disputes down the line.
The Importance of Having a Valid Reason to Break a Lease
Breaking a lease before its expiration date can have serious consequences for both parties. In the state of Ohio, landlords are required to make a reasonable effort to re-rent a tenant’s unit as quickly as possible, no matter the reason that the tenant gives for breaking the lease. If the landlord is unable to do so, however, the tenant is responsible for covering unpaid rent.
There are also legally protected reasons for breaking a lease which absolve tenants from any financial obligation to the landlord. It is important to know what circumstances are covered by these laws and how you can, in some cases, prevent lease breaking from occurring for these reasons.
Valid Reasons to Break a Lease
Ohio state law outlines the following three scenarios in which tenants may break their lease without penalty:
Health and Safety Risks: If a tenant faces ongoing issues that the landlord fails to address like pests, mold, or other health hazards, they have the right to break the lease to protect their well-being. Avoid this situation by adhering to a consistent maintenance schedule. If you are very busy or unsure how best to go about maintenance planning, a professional property management company can be a great investment.
Invasion of Privacy: Tenants have the right to privacy in their own homes. As a landlord you are not entitled to enter properties without permission or install security cameras that face inside tenants’ homes. Be sure to read up on rules regarding privacy in rental properties and respect tenants’ boundaries in order to avoid this issue.
Military Deployment: Active military personnel may receive sudden deployment orders. In such cases, the Servicemembers Civil Relief Act (SCRA) entitles them to terminate their lease agreement without facing financial penalties.
There are, of course, plenty of other reasons why tenants may need to terminate their lease early. Job relocation, financial hardship, new babies, medical issues, and family emergencies are just a few examples of situations where tenants may have no choice but to move earlier than anticipated.
While you can theoretically sue for unpaid rent in the event that you are unable to rent the property following a good faith effort to find a new tenant, this can be a costly and time consuming process. It is always in your best interest to come to a mutually agreeable solution first. See if you and the tenant can work together to find a subletter or replacement tenant to take over the lease so that neither of you end up having to lose money. Cooperation and empathy are valuable tools when it comes to dealing with these situations.
Every situation is different and it is important to evaluate each one on a case by case basis. Landlords should have a basic grasp of both their rights and those of tenants as outlined by Ohio landlord-tenant law and remember that, when in doubt, it is always a good idea to speak to an attorney.
Final Thoughts: Reasons to Break a Lease in Cleveland
As a landlord in Cleveland, it is extremely important to gain a solid understanding of lease breaking and when it is legally justified. Writing clear lease agreements, recognizing valid reasons for lease termination, and being responsive to tenants' needs can help you protect your interests and navigate lease breakages effectively. Remember that clear communication, empathy, and following local laws are key to minimizing disputes and ensuring a positive renting experience for all parties involved.
Need a Cleveland property management company to help with lease termination, maintenance, and more? Reach out to our local team to get the scoop on our services and how they can benefit your rental business!
