Tenant Can Cancel Lease Agreement Before Move In in the Absence of Lease Clause to the Contrary

By | April 1, 2013

Ohio”s 2nd District Court of Appeals ruled that a tenant can cancel a lease agreement before possession: “In the absence of a contract provision to the contrary, a prospective tenant may cancel his new lease prior to its effective date and receive his security deposit, as well as damages equal to the security deposit (‘the amount wrongfully withheld’), for the landlord’s failure to timely return the security deposit upon demand.” Gladden v. Mitchell, 2005 Ohio 529.

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