Ohio Code § 5301.33
Ohio Code § 5301.33. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5301.33.
Except in counties where deeds or other separate instruments are required as provided
in this section, a lease, whether or not renewable forever, that is recorded in any
county recorder's office, may be canceled or partially released by the lessor and
lessee, or assigned by either of them, by writing the cancellation, partial release,
or assignment on the original lease, or upon the margin of the record of the original
lease, and by signing it. That cancellation, partial release, or assignment need not be acknowledged, but
if written on the margin of the record, the signing shall be attested to by the county
recorder. The assignment by the lessee, whether it is upon the lease, or upon the margin of
the record of the lease, or by separate instrument, shall transfer all interest held
by the lessee under the lease in the premises described in the lease, unless otherwise
stated in the lease or in the assignment. For copying the cancellation, partial release, or assignment upon the margin of
the record, if written upon the original instrument, or for attesting it, if written
upon the margin of the record, the county recorder shall charge the fee provided by section 317.32 of the Revised Code for recording the assignment and satisfaction of mortgages. A lease, whether or not renewable forever, that is recorded in any county recorder's
office, also may be canceled, partially released, or assigned by deed or by other
separate instrument acknowledged as provided in section 5301.01 of the Revised Code . Unless in the form of a deed, a separate instrument of cancellation, partial release,
or assignment shall be recorded in the official records provided for by section 317.08 of the Revised Code . The county recorder shall charge the fee for that recording as provided in section 317.32 of the Revised Code for recording deeds. If a lease has been canceled, partially released, or assigned by deed or by other
separate instrument and that deed or other separate instrument recites the county
recorder's file number of the original lease or the volume and page of the record
in which the original lease is recorded, the county recorder shall note on the margin
of the record of the original lease the county recorder's file number of the deed
or other separate instrument or the volume and page of the record in which the same
is recorded. “ Lessor ” and “ lessee ” as used in this section include an assignee of the interest of either. “ Lease ” as used in this section includes a memorandum of lease provided for by section 5301.251 of the Revised Code . This section does not permit the assignment of any lease if the assignment is prohibited
by the terms of the lease. In a county in which the county recorder has determined to use the microfilm process
as provided by section 9.01 of the Revised Code , the county recorder may require that all cancellations, partial releases, and assignments
of leases be by deed or other separate instrument. The original instrument bearing the proper endorsement may be used as such separate
instrument.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5301.33
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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