Q: does a tenant have a legal right to argue a land contract that was not recorded in Ohio? tenant wants an extension
land contract in ohio, not recorded, owners want to evict and tenants want an extension based off of land contract was not recorded
A: No. In Ohio, the Seller must record the land contract within 20 days after the sale. If the Seller does not record, the Buyer should to protect her interest. The Buyer can go record the land contract now, should she choose. Under most land contracts, if the Buyer fails to comply with other terms, the Seller must provide the Buyer with written notice of default. The notice must provide 30 days to cure the default under the Land Contract. Seller's failure to record is not usually a reason for the Buyer to get around any non-compliance with terms.
A: 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 property. This process is more time consuming and expensive and therefore you may be able to obtain an extension by asserting your statutory rights.
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