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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: The landlord said I need to find another tenant or I won't receive my security deposit

It's a rooming house in Dayton Ohio and also she has failed to give me a copy of my rental agreement.. After making several request by me and my father the landlord has still failed to give a copy of the written agreement

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2020

An Ohio attorney could advise best, but your post remains open for two weeks. You could additionally repost your question in the Landlord-Tenant section. Look for the linked text below the main categories you already posted in that says, "Show More Practice Areas." That opens up more... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Can i stop my bldg from doing renovations in my apmt during the pandemic?

Workers plan to renovate 8 hrs a day and I'm told i can enter my place after they leave at 5pm. The workers will have touched almost everything while working which leaves me wide open to covid. Can l stop the renovations until pandemic is over? Ty

Joseph Jaap
Joseph Jaap
answered on Aug 31, 2020

If the landlord does not allow you in your place until after work stops, then that is "constructive eviction." Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you.

2 Answers | Asked in Real Estate Law for Ohio on
Q: My grandmother passed away and before we could get my sister's and I on the deed to the house. She had no will

Currently my grandmother and mother are on the deed but have both passed away so I'm still living in the house and don't know to get it in my name. My grandmother only had one child which is my mother so would me and my sister's automatically inherit the house?

Joseph Jaap
Joseph Jaap
answered on Aug 27, 2020

If there were no other survivors listed on the deed to the house, and your mother and grandmother have no living spouse, and grandmother did not have any other children or grandchildren, then you and any of your mother's children are heirs. Both the estates of your mother and grandmother must... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Tax question about property buyout.

I have the condo deed my name and will sign over after buyout but concerned large personal check may lead to tax issue? We lived there for 3+ years. Should I insist that when he goes to closing the bank give a check or does it matter as far as taxes go? Should be about 85k

Joseph Jaap
Joseph Jaap
answered on Aug 27, 2020

The manner in which paid does not affect whether any tax might be due. Contact your tax professional to determine if you will have any tax due on the transaction.

1 Answer | Asked in Real Estate Law for Ohio on
Q: We are closing on house in Ohio and the seller took the propane tanks that heat the gas fireplace, is this legal?
Taylor P Waters
Taylor P Waters
answered on Aug 27, 2020

It depends. If the propane tank was buried, it would likely be considered a fixture and transferrable with the property. It also depends on who the propane company was that set the tank. Often, the companies themselves retain ownership of the tanks. Lastly, it would depend on whether any term... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I am the homeowner with a roommate with no lease. Can I kick out their rude significant other?

The roommate doesn’t even pay half of the mortgage/utilities, so having an additional person living at the house for 3-5 days out of the week sometime is annoying. They also never signed a lease. On top of it, the S.O. is loud and rude. Can I tell my roommate their significant other is no longer... View More

Joseph Jaap
Joseph Jaap
answered on Aug 17, 2020

You can tell roommate to get the SO out. But if that doesn't work, you must go through the eviction process to do it legally and avoid being sued for unlawful eviction. Check your local court web site for the eviction process or use the Find a Lawyer tab to retain a local attorney to assist... View More

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Can I get a lawyer to review a lease?

I am communicating with a potential new landlord via email and he sent me the lease agreement. Is there an attorney that can review it and tell me if it's legit?

Joseph Jaap
Joseph Jaap
answered on Aug 17, 2020

Yes. Use the Find a Lawyer tab and hire a local real estate attorney to review the lease and advise you. But a landlord is unlikely to make any changes.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: hello , Can lease termination policy be changed after signing the lease?

I checked the lease termination policy over email before signing on the lease agreement document over email. Now, the landlord is saying that terms of lease-breaking is changed and i should consider the latest one if i want to break the lease. I have the email conversation as a proof of that.

Taylor P Waters
Taylor P Waters
answered on Aug 13, 2020

Your lease is the contractual terms that both you and the landlord agreed. They cannot unilaterally change the terms of your relationship.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a sub-tenant that is not on the lease and will not leave. What legal action can I take?

The sub-tenant has been living in my house for 2 years and will not sign a lease and now refuses to leave. He has moved his girlfriend into the house as well. Technically I am not allowed to have a roommate but my landlord knows he is there. I don't want to get evicted. He does pay his rent in... View More

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2020

Some courts require landlord to evict occupants, other courts allow a tenant to evict a sub-tenant. Check with your local court. If it does not permit tenant to file an eviction, and your landlord won't do it, then use the Find a Lawyer tab to retain a local attorney to review the situation... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Do you guys help with lease on apartments ?

My building was bought out by a management company and lease is or was valid till the end of the year. The new owner posted a letter on my door of eviction in 3 days because I didn't pay a $10 utility fee which isn't in my lease with the old owner. I guess my question is , is my original... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 7, 2020

Old lease is still valid. Of course, if you do not comply with new lease, the new landlord will not renew your lease in December

1 Answer | Asked in Real Estate Law for Ohio on
Q: Hello, My neighbors HUGE tree roots have TOTALLY damaged my driveway....he says he doesn't have the money to cut it down

I believe he should have to pay for my driveway repair/replacement...of course if the tree falls on my house/garage he is totally free an clear because my insurance would have to pay..this is what he is hoping happens...it could fall on his house as well but either way he wouldn't not have to... View More

Joseph Jaap
Joseph Jaap
answered on Aug 6, 2020

Get an estimate for driveway repairs and give it to your neighbor. If he doesn't pay, then you can sue him in small claims court up to $6000, and the judge will decide if he is liable to pay for the damage.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: My apartment told me via email that I would get a rent discount for August. Now they are saying I won't. What can I do?

They told me I would get a $350 rent credit for a resident referral. I confirmed twice with them if I would still be receiving the credit, and they told me that I would and to expect it on my August rent. When it wasn't added to my account,they are now saying that another person was put down... View More

Joseph Jaap
Joseph Jaap
answered on Aug 3, 2020

You could sue them in small claims court for breach of contract. But for $350, it might not be worth the time and effort. You could tell them you are filing in court, but that might not make them give you the credit. But they might decide not to renew your lease. Check your local court web site... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: How difficult is it to have a shared driveway/easement rescinded?

90% of the driveway is on our property. The easement was granted by former owners of our house in the early 1900s, and the current neighbors lived there since the 1940s. The matriarch of the family passed away in December, so no one is living there while it’s cleaned out and prepared to sell.... View More

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2020

The other people would have to sign a release of their easement rights to be recorded in the county records. But they are under no obligation to agree. If they are willing to do that, and they might want payment, then use the Find a Lawyer tab to retain a local real estate attorney. Talk to... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: I closed on my house, then found out the seller is married. The spouse did not sign off.

After closing, I started moving in to my new home, then received a call from my agent, saying that we could not take ownership of the home. The seller is still married, and lied to her agent about it. What are my rights? Any options? What does this mean for my loan, that has already settled?

Joseph Jaap
Joseph Jaap
answered on Jul 31, 2020

If the deed indicated that seller was unmarried, and seller then signed it, you have a claim for fraud against seller. If you purchased title insurance, talk to them first, then use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you of your options.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: I have leased a home for 9 years, the lease expired after a year and never signed another lease. Can I be sued damages?

There have been no upgrades, maintenance etc over the nine years I have done all upkeep myself. The home will need new carpet, drywall repairs and paint.

Joseph Jaap
Joseph Jaap
answered on Jul 30, 2020

Unless the original signed lease specified otherwise, then when it expired, you became a month to month tenant, and either tenant or landlord can terminate that occupancy at the end of any month by giving 30 days written notice. Tenant is responsible to pay for any damages to the premises beyond... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Real estate doc was shared to a list agent on a Sat evening via Dotloop when is it considered received?
Joseph Jaap
Joseph Jaap
answered on Jul 28, 2020

That could be argued in court. Check if the contract offer specifies a particular method of delivery. If there is a dispute about whether it was timely delivered or received, then if the parties cannot work it out, a court might have to decide. Use the Find a Lawyer tab to retain a local real... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Am I liable if my rental agency lost the money order given when signing lease?

Company lost money order after move in. Instructed me to request refund from western union, there has been delays due to Covid-19 and rental company giving inaccurate information about what money order was lost. Constantly being harassed by notices posted on my door and emails stating I need to pay... View More

Joseph Jaap
Joseph Jaap
answered on Jul 27, 2020

They can't force you out. They would have to evict you to get you out, and that could take weeks. So don't let them bully you. Try to get the refund a soon as possible. If you make any rent payment, be sure to always get a signed receipt. Otherwise, you can't prove you paid, and... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: What does this statement in my deed mean (omitted names, page #s, etc):

I bought a property and the neighbors are claiming they have an easement further into our property than we were made aware of. The easement in several places of the deed reads as being “18’ wide easement from south line of 10acre tract.” Then at the very end of the deed is this statement,... View More

Joseph Jaap
Joseph Jaap
answered on Jul 27, 2020

Whether or not you were "aware," does not matter. Your property is subject to the terms of the recorded document that established the easement. However, sometimes there is sloppy drafting when an easement is created, which might be true here. A "call" is the distance and... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can I deduct a % of my payment because the backyard landscape of the property has not been finished after 3 months?

I have moved into the property 3 months ago and the landscape was not done and is still not done today. I made all the monthly payments in full so far, but due to not being able to use the property appropriately I would like to deduct 10% of each monthly payment until the landscape is finished. I... View More

Joseph Jaap
Joseph Jaap
answered on Jul 27, 2020

If you don't pay in full, then they can take legal action against you for collection. Work it out with them, or use the Find a Lawyer tab to retain a local attorney to advise you.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Hello, I moved in with a friend 6 months ago and shes been telling me shes gonna have me put on lease, we have been

Paying rent and half the utilities even though our nams isnt on anything. I have multiple people who can say we have been living there. Well we recently found out that they arnt adding us and they are breaking there lease and moving. I was wondering if by law if they are just allowed to kick us... View More

Matthew Williams
Matthew Williams
answered on Jul 24, 2020

They would need to evict you.

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