Question: I have a clause in my lease agreement in Ohio which allows me to terminate the lease early so long as I give 45 days’ notice to my landlord. My landlord says that he won’t honor this clause and insists that if I leave early he will sue me. What are my rights?
Answer: If the matter goes to a court, the court will read the lease as it is written and enforce this clause. Even if the lease clause is ambiguous, so long as your interpretation of the ambiguity is reasonable, the lease will be construed by the court against the drafter (meaning that the intepretation of the person who drafted it will lose out). This is justified because the drafter (usually the landlord) was in the best position to say what he meant, yet failed to speak clearly on the issue.
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Hi, I have tenants that floded my rental. There was a sewer blockage & the tenants were told to shut off the water. The female residint continued doing laundry & dishes despite water flowing out from under the wall next to the machine. (She did turn off the water at the toilet.) The plumber did come out & clear the line by pushing through what was thought to be TP, But at some point 3 rooms of carpet & lots of walls were wet. $8500 damage not including emergency clean up & sanitization. Licensed clean up & contractos were on the jor restoring immediately. How does this look like constructive eviction? The tenants filed a small claims case within 6 days of the damage while the repairs were being done?