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Ohio Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Small Claims for Ohio on
Q: Would a secondary renter on a lease also be responsible for a debt owed due to breaking the lease

I was on the lease as a primary renter and my roommate was the secondary. She lost her job and couldn’t pay rent leaving me unable to pay rent in full. They kicked us out and charged us a debt that was sent to a debt collection agency. Both our names are on the debt. If I pay the debt and she... View More

0 Answers | Asked in Real Estate Law for Ohio on
Q: What process should be followed for a person deciding to end a relationship and move out.

The property is owned by 2 brothers and is a home they both inherited. The individual that is moving out is the ex of one of the brothers and will not return the key. Can the locks be changed to ensure both property and privacy of the second brother are protected from potential damage from the... View More

0 Answers | Asked in Real Estate Law and Environmental for Ohio on
Q: In a mobile home park, where landlord owns the land, roaches are migrating to my house and manager says the park won't

treat mine. Question is, isn't that their responsibility. They evicted these people and it is beyond nasty in there roaches everywhere.

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Contract dispute over house square footage that was misrepresented.

We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More

Joseph Jaap
Joseph Jaap
answered on Nov 6, 2024

Most house listings have a disclaimer stating that the information is not guaranteed to be accurate, and buyer should verify it. Most purchase contracts also state that any statements by agents are not to be relied on by buyer. Most purchase contacts also advise buyers to get whatever inspections... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?

My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More

Joseph Jaap
Joseph Jaap
answered on Oct 16, 2024

Talk to the surveyor who set the new pin and compare to the plat or legal description of your parcel. You might have to hire your own surveyor to confirm your boundaries and determine if the carport encroaches. Even if there is no encroachment, it might not meet the zoning setback requirements.... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: What do I do if I was named in a foreclosure for a property I no longer own?

I currently live in FL; however, recently I was named as a defendant for a property that is being foreclosed on in Summit County Ohio. I owned the property in 2014 and sold it in 2016 and currently have no interest in the property. I am not sure how I was named in this situation with the courts.... View More

Nicholas P. Weiss
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answered on Oct 8, 2024

It is likely that you were named in an abundance of caution as having a potential interest in the property. All parties with an interest in a property must be named in a foreclosure. You can likely do nothing and be fine, but if you'd rather file something with the court disclaiming your... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Ohio on
Q: I have a timeshare loan I want out of. I can't use the services due to health and time restrictions. Is there any hope?

I have a points program with Bluegreen. I have been paying down the loan and kept yearly fees current. I still owe a good portion of the loan. I have rarely been able to use my points before they expire due to family and work time restrictions. I have also recently developed solar urticaria, and... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 4, 2024

There are attorneys who concentrate their law practices in taking in timeshares. Consult with experienced attorneys. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I have a question on buying a property with rented mobile home lots.

The lot is a .5 acre lot in Adelphi Ohio. There are two mobile homes on the lot they rent the lots but own the homes. We want to buy our own mobile home to move to the lot. Can we have the current tenants move if given a reasonable time to vacate? Would we be legally responsible for any cost in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 3, 2024

You are on notice of a rental agreement so you are bound by the terms. Once you know the terms and conditions as well as the length of the agreement (term) you can cancel the contract or refuse to renew.

There are very specific laws regarding mobile home parks and the eviction process. It...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Ohio on
Q: I was in a land contract and the landlord kept renewing it every year n raising the rent now he is making us month to mo
Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 29, 2024

The terms of the land installment agreement should be in writing and recorded with the County Recorder.

Unless the contract allows the rent to be modified by the landlord, the landlord cannot change the amount of the rent or the term

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: What are my options if I was sold a property without knowing the boundary line is inside my garage?

I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 24, 2024

Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Constitutional Law and Landlord - Tenant for Ohio on
Q: Can a halfway house keep me from going to a home that I own.

I am trying to go home on an ankle monitor, my brother lives in my home and he has pending charges so they said I can not go there on an ankle monitor and I can not go there at all while he resides in my home. So I made plans to go stay at a friend's house. I then asked the halfway house if... View More

James L. Arrasmith
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answered on Sep 8, 2024

You have the right to ask for clarification and challenge the decision if you believe it's unreasonable or not based on actual regulations. If the halfway house is saying you can't go to your own home due to your brother's pending charges, they may be following a policy aimed at... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: How can I get my mother out of my house she does not have a lease and is not honoring our verbal agreement.

supposed to split all bills. all she has done, increased our utilities. accuses us of stealing. she is extremely paranoid.she has destroyed property. she has broken our washing machine. she has brought roaches into ourhome. she does very sneaky things. my husband and I both are seeing a doctor and... View More

Joseph Jaap
Joseph Jaap
answered on Aug 28, 2024

That sounds like a difficult situation. The proper eviction process can take several weeks, and that can create a tense situation before a tenant can be removed. Some landlords don't follow the proper eviction process to remove tenants and lock them out, and the tenant then sues the landlord... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: My husband and I are buying on a land contract, my husband passed away in June. I continue to make payments and our

Contract will be paid off next year. Does his death present a problem?

Anthony M. Avery
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answered on Aug 14, 2024

Husband's death should not alter the execution of the contract. However you should know that you do not own the property, only a contractual right to demand a deed upon the final payment with no other defaults. Be very careful. You may wish to pay the remaining payments off now and... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: If my HOA is "cancelled" by the Secretary of State, can it be resurrected by the majority without my consent?

My Ohio home was built in 2005 in an HOA. The HOA was cancelled by the Secretary of State for non-compliance in 2007. At that time we were "informally incorporated" into a neighboring HOA. This HOA announced in 2023 that we were no longer in their HOA, but they will attempt to gain... View More

Anthony M. Avery
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answered on Aug 14, 2024

Hire an OH attorney to search your title. The recorded restrictions will control whether you have to be subject to a new HOA or not.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Hello. My landlord has put the house I'm renting up for sale, the Realtor wants to show it with me not being home.

I have serious health issues, and I dont feel comfortable with someone going in and out without me watching what's being touched. Would I b able to walk through the house with them, I am a single female, I could get someone to b here with me, and stay out the way.

Hunter G. Cavell
Hunter G. Cavell
answered on Aug 16, 2024

You'll have to read your lease. Typically, the owner can have access with 24 hour's notice, and can request you leave during showings. Sorry you're dealing with this!

1 Answer | Asked in Real Estate Law and Civil Rights for Ohio on
Q: if someone was looking through my windows and took photos, can i build a case on them??

the person is someone who works in the office for my neighborhood, i own the home, we just rent the land its on.

James L. Arrasmith
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answered on Jun 15, 2024

If someone is looking through your windows and taking photos, you may have grounds to build a case against them for invasion of privacy. This behavior can be intrusive and might violate your right to privacy within your own home. It's important to document the incident, including any evidence... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I transfer a deed from my mother to myself? It was left to me
Joseph Jaap
Joseph Jaap
answered on May 9, 2024

It depends on exactly how she left it to you - by will, by joint ownership deed with survivorship, by Transfer on Death Affidavit, etc. Use the Find a Lawyer tab to retain a local real estate attorney to review the deed and advise you of the process to follow to make the transfer.

1 Answer | Asked in Collections and Real Estate Law for Ohio on
Q: Large collection attorney firm out of Cincinnati Ohio has placed over 30K on my credit report for a three year lease.

I have disputed tirelessly for four years. Illegal in Ohio to "double dip" someone moved into my apartment one month ( less than one month ) after I moved out and they will not remove this collection. This collection began during COVID (2020) so no attorney would even discuss with me... View More

Nicholas P. Weiss
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answered on May 6, 2024

1) Contest the debt on the three major credit bureaus.

2) If it comes back corrected, then you are done.

3) If it comes back disputed, bring an action under the fair credit reporting act.

The above only applies IF THERE IS NO JUDGMENT. If their is a judgment, then you will...
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2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Does a Trust have to be created in the state of residency or could it be in the state where you own real assests?

I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.

Does one state trump the other or is it a free for all?

Aaron Epling
Aaron Epling
answered on Apr 22, 2024

You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My house is contingent on me finding a house. We have made an offer on a house and they accepted.

But then my realtor told me that if the new home does not appraise for what the offer was

I still have to go through with the sell of my home. That leaves us without a home. Is this so

That I have to go through with the sell.

Todd B. Kotler
Todd B. Kotler
answered on Apr 18, 2024

Well it sounds like this might be the case, there's really no substitute by for investing in the time of an attorney to actually review the language of the agreement about what you're talking. It's the contract for sale of the home and your agreement with the realtor that's... View More

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