Breaking a Joint Lease Agreement in Ohio
When tenants in Ohio sign a lease together, they're both legally responsible for following all the terms of the lease. Thus, if one tenant breaks the lease in any way, the landlord can take legal action against both tenants. Similarly, if both tenants decide to move out early, they are both responsible for any financial consequences for the decision, such as having to pay extra rent as an early termination fee.
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Escrow Account
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Ohio allows you to place your rent in escrow if your landlord doesn't solve a problem you have brought to his attention, such as a broken air conditioner or other health hazard. You and your joint tenant must send a certified letter to your landlord stating the repair needs to be made. If the landlord doesn't make the repair within 30 days of receiving the letter, you can go to court and ask it to set up an escrow account, order the landlord to make repairs or terminate the lease. You must continue paying rent unless the court tells you the lease is terminated to be eligible for these options.
Responsibility for Rent
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Ohio tenants are jointly and individually responsible for the rent. Thus, if one tenant decides to move out, the other tenant is still responsible for paying the entire rent, even if his agreement with the joint tenant was to split the rent. If either tenant moves out before the lease is up, the landlord can require both tenants together to pay an early termination fee or hold them both responsible for rent until the end of the lease term.
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Evictions
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If either tenant on a lease breaks lease terms, such as not paying rent or creating excessive disturbances, the landlord may evict both tenants. Both tenants are equally responsible for following the terms of the lease, so in most cases the landlord won't evict just one tenant. This is especially true in the case of rent, as both tenants are responsible for paying the entire amount of rent.
Security Deposits
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Landlords in Ohio usually collect one security deposit from all tenants on a lease. When the last tenant moves out of the apartment, the landlord returns the security deposit, minus any payments for damages or unpaid rent. Thus, if one tenant moves out early, the landlord won't return the security deposit. If both tenants move out early, the landlord may use the security deposit to cover unpaid rent or damages. It is the tenants' responsibility to split any security deposit they receive back between themselves.
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