Land contract states: "Real estate taxes shall be the responsibility of the Vendee as of the date of the execution of this agreement. Said taxes shall be escrowed and added to the principal and interest payment required hereunder." Vendee has not paid anything toward real estate taxes,... Read more »
Ohio has a very specific statute for Land Installment Contracts; R.C. Chapter 5313. If the land installment contract has been in effect for less than 5 years or the purchaser has paid less than 20% of the purchase price, you may proceed by giving a notice of forfeiture. This notice places the...Read more »
(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months...Read more »
Your purchase agreement usually has a provision in it as to the real estate agent cannot release the funds to either the seller or the purchaser in the event the purchase agreement is cancelled or breached. Typically, there has to be a written agreement signed by both, or a judgment directing the...Read more »
We recently built a new home and took possession in Dec 2018. The blueprints for this home show a well basement exit with stairs "exiting to grade". The new home builder made a mistake when pouring the concrete steps and they now exit about 20 inches above the grade. The builder is unable... Read more »
I believe that you have a breach of contract. However, your damages maybe severely limited by the diminution of fair market value. The damages would be the cost to correct or cure, but those damages are limited by the amount that the fair market value of your home is diminished by the failure to...Read more »
I cosigned a vehicle and the other person turned it back into the dealership, now they are coming after me for the money, am I responsible for that? Can they garnish my wages for a vehicle they took back?
Yes. You can be held liable as a co-signor. Yes, they can garnish your wages, IF they obtain a judgment against you. Depending on the language of the contract you co-signed the finance company may have had to give you notice that the vehicle was being turned back in, if payments ere behind, if...Read more »
The failure to record is probably insufficient to obtain an extension. The law may provide for an extension in that if you have paid for more than 5 years or you have paid more than 20% of the purchase price, then the owner cannot simply evict you. Instead they must foreclose your interest in the...Read more »
and final satisfaction of her liability herein" is the other party still responsible for the remaining debt? Nowhere in the contract does it specify that either of the parties are responsible for a certain portion of the debt. It appears to be considered 1 debt. If her debt is satisfied,... Read more »
You both are liable to the creditor for the entire amount of the debt. Between the two of you there may be a claim of contribution if one party pays more than his/her proportionate share. With the language of "full and final satisfaction of her liability herein" it sounds as though one...Read more »
A seller has to disclose on the Ohio Seller's disclosure form when the seller has actual knowledge of the issue. If the Seller has never lived in the house, the Seller may not have actual knowledge about a number of issues. If the Seller lived in the house for a number of years, it may be...Read more »
If you were involved in scheduling the closing or have acquiesced, I do not think this sounds like a material breach. But you could cancel the contract and maybe the purchaser will not be willing to fight
Yes. You should be able to get your deposit back. You did not sign the lease so it is not enforceable. A verbal lease agreement should only be enforceable once possession is taken. Did you sign anything when you paid the deposit. Was the deposit to act as a hold. Th e landlord will likely...Read more »
There are two people on the lease the other one is saying that I formally have to evict him because he's lived there for 30 days on and off does not have mail delivered there his ID does not show him living there at this point both tenants just want him to leave I need to know if I can give a... Read more »
You could treat the individual as having a non-oral lease on a week to week basis, and that can be terminated by giving a written notice 7 days before the termination date. If he is there after the termination date, you then have to give him a three day notice, file an eviction complaint, and...Read more »
If your name is not on the deed, then the house will be distributed according to the laws of descent and distribution. An estate will have to be opened and the house will be distributed according to the will. If the will does not leave the house to the surviving spouse, then you will have to...Read more »
I've always been the first one to contact him and ask about any update (application approval, status of lease etc). He has stated that I'll have the lease at the end of the week (didn't happen) or the following week (after the next time I reached out - still hasn't happened). He... Read more »
The answer to your question depends on additional facts. Are you living in the apartment? If you are living in the apartment then you should be concerned that you have entered into an oral month to month lease that can be cancelled upon 30 days notice.
The purchase agreement should provide for a time period within which the buyer must take certain steps. Check to see if those steps have been taken. If not advise the buyer that the contract has been materially breached and you are cancelling the same.
The failure to disclose on the seller's property disclosure statement provides limited remedies and a very limited time period. I believe the remedy is to rescind the contract; rent to the home for the return of your money. However, active concealment is fraud. You have four (4) years from...Read more »
I live in ohio and I resigned my lease for 2019/2020. I decided I didn’t want to live there anymore and found someone to take my lease. She can’t move in until August 19. She technically took my resigned lease and the lease I’m currently in ends 7/22/2019. But the office said I am responsible... Read more »
You have a written contract obligating you to lease the apartment through 2020. It sounds as though you have someone who is willing to sublet the apartment from you. However, you are ultimately responsible for the tenant's obligations when you sublet. On the other hand, if the landlord is...Read more »
The renter left the house on April 15th, as she ran up an electric/water bill so high that the village turned off both that day. Both the water and electric are still off today, so it is uninhabitable. She has not lived in the house since April 15th, nor has she paid rent since then. I have asked... Read more »
You can enter the real property with reasonable notice. Typically, you have to provide 24 hour written notice. However, under the circumstances, I believe knocking on the door would be reasonable notice. You can make repairs.
I suggest that you file an eviction action. The tenant will...Read more »
The teacher has the administrative right to challenge the performance rating by the terms of the teacher's contract. There are very specific objections or challenges to the performance rating that have to be brought within strict time limits.
The three owners that want to sell the property can file a petition for partition. The petition should be filed in the County in which the property is located, and should attach the deed demonstrating the current ownership interest. The petition then simply states that there is a disagreement...Read more »
All elements of house build were signed by all parties (builder/homeowner). There was a specific electrical plan for entire house that was signed off. We identified they were not following signed electrical plan. When confronted why they weren’t following they stated “we don’t follow those... Read more »
Yes. Unless the deviation from the signed electrical plan is relatively minor or the result of an extreme increase in the cost. You should be able to require the contractor to follow the signed electrical plan. Regarding the 2 1/2 month delay, you may be able to sue for breach of contract...Read more »
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