How to Transfer a Lease to a New Tenant in Ohio

If you are a renter in Ohio and need to move out before your lease ends, you may wonder if you can transfer your lease to someone else. This process—formally known as a lease assignment or subletting—can help you avoid early termination fees and fulfill your rental obligations. Understanding your options, rights, and the legal steps involved is essential for a smooth handover.

Understanding Lease Transfers in Ohio

In Ohio, transferring a lease to a new tenant is called an "assignment" or, in some cases, "subletting." These terms are similar but have key differences:

• Assignment: You transfer all your rights and responsibilities for the remainder of the lease to the new tenant.
• Subletting: You remain on the lease, but allow someone else to rent and live in the property temporarily. You still hold some responsibility if the subtenant does not follow the lease terms.

Most standard Ohio leases require landlord approval to assign or sublet. Always check your original lease agreement for specific rules or restrictions. In many cases, you must get written permission from your landlord before moving forward.

Ohio Law and Lease Assignment

Ohio’s main rental law, the Ohio Revised Code Chapter 5321: Landlords and Tenants, does not specifically force landlords to allow lease assignments or subletting. This means your right to transfer a lease will depend largely on your lease agreement. However, landlords cannot unreasonably withhold consent if the lease permits assignment, and any denial should be provided in writing for your records.^[1]

Key Steps to Transfer Your Lease

Here's an overview of what you need to do when considering transferring your lease in Ohio:

• Check your lease for clauses about assignment or subletting.
• Notify your landlord in writing of your request to transfer or sublet the lease. Include details about the proposed new tenant.
• Get written approval using an official form (see below).
• The new tenant may need to apply and be screened by the landlord, just as you did.
• Sign a lease assignment agreement if approved, and be sure all parties receive a copy.

Official Forms for Lease Transfer

• Sample Lease Assignment Agreement (no state form number):

  Ohio does not have a statewide required form, but landlords often provide their own. If not, you can use a standard lease assignment template from the Ohio Legal Help site. This form is used to document that the new tenant accepts all lease obligations and the landlord agrees to the swap.

  Example: If you accept a job in another city and want to assign your apartment to a friend, you would both fill out this assignment, submit it to the landlord, and await approval.

• Lease/Contract Addendum:

  If your landlord requests it, you may also use a lease addendum document, which formally updates the original lease to reflect the change of tenants. This is typically provided by your landlord or property manager.

Actions to Take If the Landlord Says No

If your lease allows assignments or subletting and you meet the procedures, but your landlord refuses without good reason, you can:

• Request a written explanation for the denial.
• Contact the Ohio Bar Association or local legal aid for help.
• Reach out to the civil division of your local County Court of Common Pleas, which handles landlord-tenant cases.

Quick summary: Getting landlord approval and following your lease's assignment clause is key to a legal transfer.

Practical Example

Suppose you find a replacement roommate after a job relocation. You check your lease, which allows assignments with landlord permission. You notify your landlord in writing, submit a completed lease assignment form with your replacement’s details, and both wait for your landlord to screen and approve the new tenant. Once approved and the assignment is signed by all parties, you are released from further obligations.

1. Can I always assign my lease to someone else in Ohio?
   Not always. Your specific lease agreement must allow it, and you usually need the landlord’s written approval.
2. Will I be responsible if the new tenant fails to pay rent?
   If you formally assign your lease and are released in writing, you are typically not responsible. With subletting, you may remain liable.
3. Does the new tenant need a background check?
   Most Ohio landlords will screen the new tenant, just as they did with you. This is normal and helps keep the rental safe for all parties.
4. Is there a state agency that handles lease transfer disputes?
   Residential tenancy disputes in Ohio are handled by the County Court of Common Pleas in your area.
5. Do I need to pay a fee to assign my lease?
   Some landlords may charge an administrative fee for processing the assignment. Check your lease or ask your landlord.

Conclusion: Key Takeaways for Ohio Renters

• Transferring a lease in Ohio requires landlord approval—always check your lease and put all requests in writing.
• Official assignment forms are usually provided by landlords but can be sourced from Ohio Legal Help if needed.
• Ohio courts handle lease assignment disputes if they can’t be resolved directly.

Need Help? Resources for Renters

• Ohio Legal Help – Renting: Practical guides and downloadable forms for Ohio renters.
• Ohio Courts of Common Pleas: Find your local court to address landlord-tenant disputes.
• Ohio Revised Code Chapter 5321: Landlords and Tenants: Full Ohio rental law text.
• Ohio State Bar Association – Landlord and Tenant Law
• Ohio Legal Aid Directory: Find free legal aid and organizations in your region.

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1. See Ohio Revised Code Chapter 5321: Landlords and Tenants for details on landlord and tenant obligations.

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