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Ohio Land Use & Zoning Questions & Answers
1 Answer | Asked in Criminal Law, Land Use & Zoning, Real Estate Law and Landlord - Tenant for Ohio on
Q: How to get a drug addict roommate to leave the house as quickly as possible in Ohio?

My friend is living in her aunt's house (the aunt no longer lives there) with no lease. She lives with her boyfriend and his stepdad. She has children and found a crack pipe the stepdad has been using. Since then she has tried multiple times to ask him to leave and he refuses to. He also... View More

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2017

Your friend is in a tough spot. The aunt has to be the person to evict him, as she is the owner of the house. That process requires a 30 day notice, then a 3 day notice, then a couple weeks for a hearing, then a week or so for the eviction. There are special provisions for a landlord to evict a... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Ohio on
Q: The lease I signed says lease is up on 1-30-2018.but next to it the lease say this lease is for 24 months

Can I get out of the lease without have to stay the 2 years...also was not advised of a murder that had happened in the home in 2012

Joseph Jaap
Joseph Jaap
answered on Aug 14, 2017

Try to resolve it with the landlord to determine the lease expiration date. If you and landlord cannot agree, contact a local attorney using the Find a Lawyer tab, and you can also ask about the failure to advise you of the murder.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Do realtors round up when listing land for sale? For example if the vacant lot is 1.98 acres do they round up to 2 acres
Joseph Jaap
Joseph Jaap
answered on Aug 1, 2017

Round up the acreage for what purpose? In their listings of property for sale, the fine print often says that "acreage is approximate and not guaranteed." Their listing agreements and form contracts typically disclaim liability for information about the property, and advise buyer to... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Someone knowingly bought a land locked parcel without road access behind my parcel, now wants to sue to make access???

Addendum to orig * details:

The parcel is in the very rural rough Appalachian back hills. In the known last 50 years it hasnt had a dwelling nor vehicle access (i.e. driveway), nor any evidence it ever has. Due to topography there is only a 45' wide part of my yard that could be used... View More

Joseph Jaap
Joseph Jaap
answered on Jun 7, 2017

Depending on how the parcel became land-locked, an "easement of necessity" might already exist automatically across adjacent lands to access that parcel, because the law does not want parcels to be land-locked. But if you don't agree, the owner of that land-locked parcel would have... View More

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1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Municipal Law for Ohio on
Q: Is it illegal to have 6 people living in a two bedroom apartment...three of those people are children.

There are 3 children and 3 adults. Two boys who are about 3 and a 2 year old baby girl. Also their 2 parents and a grandmother. They also work for the landlords and I wanted to know if that's illegal as well. I'm pretty sure that they get special treatment.

Joseph Jaap
Joseph Jaap
answered on Jun 5, 2017

It might not be "illegal," but could violate local zoning codes. Check with your local building department.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: problem house on St. for 10+yrs. tenants,etc. City poor law/code enforcement. can we withhold our property tax $

house was declared nuisance, additional complaints, fines/legal action not done by city. now halfway house and caregivers not on site...just a terrible nuisance. can we put our tax money or a portion of property tax in escrow until this issue is abated completely?

Joseph Jaap
Joseph Jaap
answered on Apr 24, 2017

No, you cannot withhold or escrow your tax payment because of that. If you do not pay taxes in full when due, you can incur penalties and interest. Talk to the local building department and local politicians. Enlist other neighbors to make similar contacts and complain. The more contacts, the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: What type of easements could possibly be applied to private land in a "cottage community" in Geauga County?

I have a 30' x 95' lot in Geauga County. 40 years ago (or so) a road was mistakenly cut through on the lot. I would like to get my property back for my sole use (private driveway), it is deeded to me and I've paid taxes on it for all these years. What possible easement could there... View More

Matthew Williams
Matthew Williams
answered on Oct 17, 2016

The utilities almost certainly have an easement, and whoever created the road may have one depending on all the facts. An easement can be created by what's known as adverse possession. For example, if you own a property and the neighbor uses a dirt road to drive through it onto the street for... View More

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: is there an occupancy law - so many per bedroom
Matthew Williams
Matthew Williams
answered on Jan 9, 2016

There generally is, and it is generally governed by local ordinance.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Can a long standing prior property use (boat storage) be eliminated by implementing traffic and parking laws against it?

Vacant residential lots were used by a boat club to store/park boats prior to the existence of village regulations prohibiting it. The deed to the lots restricts the use to residential (allowing churches and lodges). The boat club's use (boat parking) has not been residential but that... View More

Matthew Williams
Matthew Williams
answered on Nov 14, 2015

Yeah...you've pretty well summed up what you've got here: an expensive lawsuit that you may lose and that no lawyer is going to take for free because there is no hope of a big payoff at the end. The other approach would be to try to defeat the new ordinances through city council or a... View More

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If a County is not zoned does that mean AEP can put a pole anywhere on your property?

AEP has no easement but says they went by the zoning laws and can also claim adverse possession since the pole has been there for about 19 years (They think, but cannot find any records). All we want for them to do since their pole has been almost destroyed by wood peckers is to move the pole to a... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 29, 2015

What is AEP? Consult with a local real estate lawyer about these problems.

2 Answers | Asked in Land Use & Zoning for Ohio on
Q: Are local officials allowed to enforce a certain section of the zoning resolution in some cases but not others?

Our local zoning resolution prohibits all forms of agriculture on fewer than three acres. It goes on to define agriculture as including the growing of fruits and vegetables.....poultry products....

We have been cited for having backyard chickens. The township does not enforce this code on... View More

Matthew Williams
Matthew Williams
answered on Jun 27, 2015

As long as the enforcement and interpretation of the provision is uniform, i.e., as long as they go after other people with chickens too, their action would likely be upheld in court. Lax enforcement on a separate provision regarding the growing of fruits and vegetables isn't really relevant.... View More

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