Akron, OH asked in Landlord - Tenant for Ohio

Q: Can I claim adverse possession of a home that I’ve lived in with my mother for 25 years. She’s paid rent, not me.

It occurred to me that I’ve never been included on a lease of any sort for this house, and my mother has paid enough rent to the owner to have paid for the house twice over. Recently he’s casually mentioned that he’s thinking about selling the house & honestly I’m infuriated that he wouldn’t first offer the place for purchase to her at a reduced rate. Aside from that, I don’t think it’s unreasonable to feel that we should have some rights to this property after all this time.

Related Topics:
1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Landlord Tenant Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: A tenant under a lease cannot claim adverse possession in those circumstances, because the occupancy under a lease is not "adverse" to landlord, but with landlord's permission. The landlord has no obligation to offer the tenant an opportunity to buy the property, unless there is a specific purchase option in the lease. Rent paid during the tenant's occupancy paid for the tenant's right to live in the property, and the landlord has no obligation to offer any reduction in purchase price to a long-term tenant, unless the lease specifically states that landlord will give tenant a credit for prior rent payments if tenant purchases the property. If landlord sells the property, the terms of any current written lease remain in effect, and the new owner must honor those terms until the expiration of that lease.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.