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Ohio Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: Does Ohio protect in home daycare businesses from HOA community bylaws?

Daycare is not licensed

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

Some HOA declarations and bylaws prohibit conducting a trade or business in the home, and those restrictions can be valid. Use the Find a Lawyer tab to retain a local real estate attorney who can review the HOA and advise you.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: if i own three lots next to each other can i provide myself easements to run utilities from one to the other?

How is that legally done? Does it have to be recorded on the deeds?

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

Use the Find a Lawyer tab to retain a local real estate attorney to review your plan and advise you what easements and deeds will be required.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If I own three lots together, and I would like to build one house that would sit on two and some of the utilities,

Ie septic system would need to go across all three of them, what can I do

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

Start with an architect familiar with the local building and zoning code and the process to consolidate the lots, which will require a surveyor to prepare a consolidation plat. The architect can also talk to the local health dept. about the septic system requirements. Use the Find a Lawyer tab... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Land Use & Zoning for Ohio on
Q: If the landlord allowed me to put 15,000$ of work into his house and Now he trying to evict me, can I sue for that mone

I been living in this home for 16 years and i finally decided to ask him can I put some work into the home and it costs me 15,000 and it made the value of the home go up, he can now charge $800 instead of 200$ in rent, So he wants to evict me out of the house, can I sue for that money out of that... Read more »

Taylor P Waters
Taylor P Waters answered on Sep 5, 2020

You may have a case for unjust enrichment, contact an attorney to discuss how to file the claim and what you need to allergies

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Converting mixed-use building to residential

I'm looking for houses and happened across a gorgeous old building with shop space downstairs and 3 apartments upstairs. I'm interested in living in one of the units, renting out the others, and using the shop space as an art studio. What zoning issues might I face with this? I find the... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 2, 2020

You need to hire an architect familiar with conversions, residential construction, and the local building and zoning code to assess what you plan to do, what you must do to comply, or if any variances will be needed. The architect should have good rapport with the folks at building and zoning.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Can I refuse to pay rent and also consider the lease agreement null and void if the will not fix things in my apartment.

I called them on June22 to let them know my A/C was not working properly and received no reply. Then called on July 4 at 9am about a leak in my ceiling and to inquire about the A/C. To date I have still have the leak and my A/C still is not fixed. Also when they do which isn't often answer my... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 14, 2020

The proper approach is to pay your rent on time into escrow with your local court. Check your local court web site for the escrow process. If you don't pay rent, landlord can file to evict you. An eviction is a permanent public record that can make it difficult to rent from a landlord who... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Ohio on
Q: I signed a lease my freshman year in college. It was for my junior year. I decided I wanted to transfer, what can I do?

I paid a $700 dollar deposit but I’m not worried about that. I just don’t want to pay the price for both semesters. It was a stupid idea in the first place but I was pressured by others to sign early or else there would be very little options.

Joseph Jaap
Joseph Jaap answered on Jun 9, 2020

You can try to negotiate an early lease termination with the landlord. But landlord does not have to agree to that. If you don't pay the rent required, landlord can file an eviction to terminate your lease rights, and sue you for any lost rent. An eviction is a permanent court record that... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In mansfield Ohio doesn’t the property owner have the right to maintain fence line between my fence and neighbors fence

Neighbor put up fence no survey was done no zoning permits pulled per conversation with mike at city’s codes and permits

Joseph Jaap
Joseph Jaap answered on May 18, 2020

The property owner has the right to maintain its own property. Obtain a survey to determine exactly where the boundary is and if the fences are placed properly or violate local zoning setbacks or other requirements. Provide that information to the city. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If my ex boyfriend put hot tub on my property and makes payments on it and now wants to sell it what are my options

do i have to let him sell it? is it considered mine because its on my property?

Joseph Jaap
Joseph Jaap answered on May 5, 2020

It is considered personal property -- not part of the real estate. It does not matter that it is sitting at your house. It is no different than if he left any of his other personal property behind. If he bought it, and is still paying, that shows he owns it. You could refuse to allow anyone to... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Environmental and Land Use & Zoning for Ohio on
Q: I live on Chagrin River where they dredge & i believe under mining. It has caused landslides. Who is responsible?

My property is slowly falling in the river. Some say its erosion but it happens everytime they dredge. Usually within days. I lost 20% of land including trees, shrubs and now my patio!

Tim Akpinar
Tim Akpinar answered on Apr 27, 2020

I'm sorry for your ordeal. These could be difficult cases because of the expert testimony involved. Contact environmental/land use attorneys in the area, and find out if nearby waterfront residents are experiencing similar phenomena. Good luck

Tim Akpinar

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: I was given a notice to vacate because of the conditions of the house.
Joseph Jaap
Joseph Jaap answered on Feb 28, 2020

If the building department issues a notice to vacate, it can have the order enforced. So talk to them about it to find out how long you can stay, and start looking for another place. If you are renting, also talk to your landlord about it. Use the Find a Lawyer tab to retain a local attorney if... Read more »

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Ohio on
Q: Our neighbors have 12 dogs that they keep inside their home. Is that legal outside of a municipality?

When they are outside, they bark continuously. Every time we go outside we have dogs barking at us. We have complained to the township trustees, and have even called the sheriff a couple times. The only answer we get is there is no law governing this. The only thing the township told me is that... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 11, 2020

Have you talked to the neighbors about it? If there is no local ordinance, then your options are limited. Use the Find a Lawyer tab to retain a local attorney who can review the facts and discuss filing a nuisance lawsuit. But neighbor problems are difficult to resolve, and can escalate,... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for Ohio on
Q: Help with understanding how this is fair? It seems like it should be illegal .

While trying to install a sewage system my town lost money on two occasions by hiring companies that didn't finish the job. So to make up for this loss they force you to hook up to their sewage , charge a seemingly large amount every month for doing so, and if you get behind disconnect you,... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

Public sewer issues are usually handled locally. Use the Find a Lawyer tab to retain a local attorney who can review local ordinances and advise you.

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Land Use & Zoning for Ohio on
Q: How is this portion of the Ohio revised code not unconstitutional?

Ohio revised code 505.07 seems purpose written to allow Township Trustees and Developers to effectively negate the results of any zoning referendum and deny citizens voting rights. Consider the following scenario, Trustees have been ignoring recommendations from zoning board and residents to not... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 19, 2019

Local governments can mostly do what they want unless subjected to a legal challenge. Concerned residents can join together and use the Find a Lawyer tab to retain a local attorney who handles administrative law, land use, and zoning issues, to advise them about filing a lawsuit.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: I've lived 18years on the property owner being aware I paid for water tap and built addition can I claim adverse posse

The deed was signed over to another family member for tax purposes my significant other recently passed and the land was actually his only he kept it in someone else's name because his disability now his daughter is trying to evict me and our children . Two weeks after he passed . And the... Read more »

Taylor P Waters
Taylor P Waters answered on Dec 5, 2019

If the property was deeded to someone else, that other person owns the property. Adverse possession only applies if they don't consent to your occupancy of the property for 21 years. Here, they did consent for a time and the time they have not consented is not 21 years. You may consider asking... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: I have a property in Dayton city limits. It is between Springfield and 3rd. Can I put a trailer on property?

I want to know if I can place a trailer on my property. It used to have a house there so it has gas and water and sewage hook ups. I’m not sure of the zoning but I would like to make this property into an asset instead of currently it being a burden.

Joseph Jaap
Joseph Jaap answered on Nov 26, 2019

Check with your local building and zoning department to determine permissible structures and uses.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Can a township trustee trespass on my property to take pictures of my belonging?

They said we had to work on clean up the junk on our property. We have started to do so but now they are walking up on our property and taking pictures even after being told not to.

Joseph Jaap
Joseph Jaap answered on Nov 5, 2019

Yes, they can enter as part of their enforcement duties. You could try contacting the police to say they are trespassing. The police are unlikely to do anything about it. Or you could file a civil action for trespass. The court would likely dismiss it.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: I'm a senior citizen, 75 yrs old, whose been cited to go to court for not painting the entire house, only the front

Ranch home. Have severe arthritis both knees and problems with rare disease of both hands. Cannot climb ladder or afford the costs of the estimates I've gotten. Can't locate any government assistance? I seldom leave home as I can't sit or stand for long and can't walk far. Don't know where to turn.

Joseph Jaap
Joseph Jaap answered on Nov 1, 2019

Contact Pro Seniors. (513) 345-4160, or 1-800-488-6070

They are in Cincinnati, but might be able to direct you to assistance where you live.

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1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If there is a shed on a rental property before I move in and it gets damaged am I responsible for fixing it?
Joseph Jaap
Joseph Jaap answered on Oct 1, 2019

It depends on what the written lease says, that landlord and tenant signed. If the lease is for the land and buildings, and there is no exception for the landlord to keep using the shed, then the landlord could hold the tenant responsible. If tenant didn't pay to repair the shed, then... Read more »

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: My landlord has left a car on my property after repeatedly saying hed move it (in writing). Can i take ownership of it?

Ive live in my house for over 10 months now. Since moving in i have asked my landlord repeatedly and he has agreed repeatedly, to remove his daughters car from my property and he has not. He is now complaining about us not weed-eating around the car, which we decided not to do, the last time we... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 24, 2019

No. You can write a letter; make a copy of it; send it by certified mail or hand deliver it. The letter should state that the issue with the car, give your landlord 30 days to move the car, and if the car is not moved you will begin to escrow your rent. In thirty days, take a copy of the letter... Read more »

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