ohio - rent payment wording and possibly breaking lease

[wesawitbleed]

What is the name of your state (only U.S. law)? ohio


the husband and i may break our lease if we buy a house. the lease ends march 2010. we signed an agreement that we will have to pay the month of free rent we received and we can do that without an argument. the part i'm unclear about is the part below.

"you will pay as rental the total sum of $8160.00 during the term of this lease, at the rate of $680.00 per month, payable in advance on or before the first day of each month...."
and
"upon your default, all future rent for the term of this lease shall be accelerated and shall be due and payable to us on the date the lease is terminated."

lets say in september we break it would we still be liable for the full remainder since they worded the entire price into the lease, or would they not be able to collect the full amount if a new tenant were to move in a month later?

it's not a given that management will work with us so we are just trying to understand what the parts above mean entirely. if it works against us then we'll just wait it out.

thanks for any insight.

 

[Gail in Georgia]

You would owe rent until your lease ends OR new tenants are found to take your place.

Management cannot "double dip" i.e., expect you to continue paying when they've already gotten tenants in place in this rental.

Gail

 

[wesawitbleed]

but the default sentence, does it sound like management would expect us to pay the remainder at the time if we were to give notice of our intent to break our lease?

i'm just not familiar with ohio l/t laws and just afraid this could be a loophole of sorts. i understand they are not allowed to double dip but like i said, i'm afraid this could a legal loophole for them to collect the full remainder at time of default.

 

[Some Random Guy]

i'm afraid this could a legal loophole for them to collect the full remainder at time of default.

Well since it is clearly stated in the lease that you read and signed, it is not a loophole, but rather a feature of the contract.

If they re-rent the unit before your lease is up or else fail to try to rent it, then you can demand a refund for the time that the unit is re-rented as part of your state's landlord tenant laws.

 

[Cvillecpm]

You can make payments on rent per month and if you do NOT, mgmt can accelerate the ENTIRE amount owed for the balance and sue you 1X.

 

[Cheeseknife]

When you break a lease a landlord must make a reasonable effort to rent the property. During that time you can be liable for the rent for a reasonable duration In other words the landlord has to try and find new tenants, the instant that happens you are off the hook for the lease. Equally so, there is a period of time in which the landlord must find new tenants or the courts are going to view it as a matter of not making a good faith effort to rent the property to new tenants.

 

[wesawitbleed]

so if i have it correct...

-we will be liable for the full term of the lease once we break it.
-they still have to put effort in re-renting it.
-if they do get new tenants in our unit before our lease were to expire then they would have to refund us from the date of the new tenancy to the end of my lease.

i guess we'll wait it out and start the process a few months before our lease converts to mtm.