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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Ohio on
Q: Hello

I have a rental property, and my step daughter was living in it for rent free. We recenlty parted ways and she wants to take the shed from the property. can she leggally do that or is that a permanant fixture.

Andrew Popp
Andrew Popp answered on Jul 20, 2021

Typically it is considered a fixture, but it could theoretically vary depending on the specifics. See Section 5701.02 of the Ohio Revised Code (link below).

https://codes.ohio.gov/ohio-revised-code/section-5701.02

If the issue continues, you may want to retain an attorney to...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: If a seller disclosed that they were occupying a property when they were not, if that considered fraud?
Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

It would depend on all the facts and if a buyer incurred any damages because of it. Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and all the facts, and advise you if there is any basis for a fraud claim.

1 Answer | Asked in Real Estate Law for Ohio on
Q: In Ohio, how soon after a COA annual meeting should the board distribute the minutes?

Our condo board (in Ohio) maintains that they do not have to publish annual owners meeting minutes until the notice of the following annual meeting. This is a year from now and will reduce transparency and accountability in the meantime. We expected to be able to review these minutes after two... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 16, 2021

The Owners Association is governed by Ohio Revised Code Chapter 5311. The Association is controlled by the Board of Directors, and the Board is governed by the Association's by-law. According to R.C. 5311.08 the by-laws can determine:

These rules may govern any aspect of the...
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2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Can the sole executor of a will add a family member to the estate to refinance a property in the estate?
Aaron Epling
Aaron Epling answered on Jul 15, 2021

This leaves a number of questions unanswered. You should seek counsel.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: My fence is 6" inside the property line. Can I stop my neighbor from connecting to it? How close can he build to it?

My fence was installed prior to current neighbor living nextdoor. Original neighbor did not want fence so I specifically had it built inside the property line. Now the current neighbor wants to connect to my fence. I do not want to ajoin. If I say no, how close can they install a new fence on the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 15, 2021

You need to check first with your local zoning ordinance. There should be a provision regarding fences and set back from property line. Your fence may be in violation of the set back rules. Allowing your neighbor to connect to your fence may be less expensive than removing your fence and placing... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Can my mom still use a well for water.

My grandfather had some land where his house is. He gave some to my mom and uncle. My mom and grandfather and mom went half on the well. The well sits on his property. My grandfather passed away and his second wife is selling the house. My mother has used the water for 14 years. Can my use the well?

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

If there is no written document regarding use of the well, then it could be a problem for her. Your mother can use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise her.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I need help with the translation of a HOA for a home we wil be purchasing.

The HOA is 76 pages and looks to be for the builders, developer presented to the City of Huber heights and Tipp City from 2008 or 2009.

Joseph Jaap
Joseph Jaap answered on Jul 12, 2021

HOA Declarations are typically that lengthy, but are fairly standard. Use the Find a Lawyer tab to retain a local real estate attorney who can review it with you. But they are not negotiable, and are nearly impossible to amend. So you have to be able to follow all the rules and restrictions.... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: In ohio can a HOA charge late fees for upon late fees for 1 late payment

I have been charged $25 17 times for 1late payment.

Joseph Jaap
Joseph Jaap answered on Jul 12, 2021

An HOA can impose late fees as specified in the HOA declaration and in any rules enacted by the HOA board of directors. If a payment account is past due, whether for HOA monthly assessment, late fees, or other charges that are delinquent, then if the HOA rules allow, the board could impose the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Does seller have any rights to tell buyer what can or cannot be done on the property once closing has occured?

The previous owner/builder is harassing my neighbor telling them what they can or cannot do with the dwelling and property as if he still owns it.

William Lehner
William Lehner answered on Jul 5, 2021

It is possible that the property is subject to covenants or that the seller retained an interest. Your neighbor should hire a lawyer.

1 Answer | Asked in Real Estate Law for Ohio on
Q: can a village create an ordinance that restricts atv's from being on a covered trailer
Joseph Jaap
Joseph Jaap answered on Jun 17, 2021

Local governments can do a lot of crazy things and enforce crazy rules, until someone takes them to court and a judge invalidates a crazy rule. Use the Find a Lawyer tab to consult a local attorney.

2 Answers | Asked in Real Estate Law for Ohio on
Q: Seller backed out of real estate contract at closing, what can I do as a buyer?

I was under contract on a property set to close on 6/14/21. As the buyer, I fulfilled all requirements per the contract. My down-payment and closing fees were wired and waiting at title office. When I arrived at the title office for closing I was informed by my realtor that the seller did not sign... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 16, 2021

You could sue seller and ask the court to order the closing to proceed. But that could take months. Talk to the real estate agents. Perhaps the issue with 2nd mortgage can be quickly resolved. If not, use the Find a Lawyer tab to retain a local real estate attorney.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Why would a apartment complex send out a fine through a lawyer verse the security team as usual?

Receiving a 200 dollar fine for something they just put into order. Normally fines , 30 day notices ect are sent out through security but this time they said it will be send via mail from their lawyer. When asked they wouldn’t supply a reason as to why it was being done this way

Andrew Popp
Andrew Popp answered on Jun 15, 2021

Perhaps they want additional formalities to show proof that notice was received? Without more facts it would just be guessing.

2 Answers | Asked in Estate Planning, Health Care Law and Real Estate Law for Ohio on
Q: My mom has stage 4 lung cancer. I am her only living relative. How do I plan for estate, financial, health care, etc….

This all came up sudden but my mom has stage 4 lung cancer with Mets. I am her only living relative. From a legal aspect what do I need to start doing to get her affairs in order? I am very new to this and not sure what to do. She does have a will with me as executive. She does not have a... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jun 8, 2021

You should contact an attorney who can help you set up a financial Power of Attorney and a Healthcare Power of Attorney.

That way, you can manage her affairs while she is alive.

A will only takes effect upon death.

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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for Ohio on
Q: My dad died and left me his house.. My mother is trying to take it.. Will she get it??

My dad just died on the 23rd of this month.. He left me his house and called his attorney to put it in the paper work.. My mother left him.15 yrs ago n now sleeps with and lives with another man..my dad really didnt want her to have anything.. The last 2 yrs of his life im all he had.. My husband... Read more »

Joseph Jaap
Joseph Jaap answered on May 27, 2021

If your father did not complete the paperwork to transfer the house to you, then as his spouse, your mother could inherit the house. She could file to handle his estate in probate, and could evict you and your husband. Talk to your father's attorney to find out what paperwork there is, or... Read more »

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Ohio on
Q: I lived with this man for 27 years and he just passed away his daughter is trying to take the house can she

My son is still living in the house we had it up for sale and his daughter wants us out and take it from me can she do that

Joseph Jaap
Joseph Jaap answered on May 24, 2021

If he did not have a will giving you the house, or if you are not a joint owner on the deed, or if he did not record a transfer deed or affidavit for the house giving it to you, then the house would likely pass to his spouse or children according to Ohio law. The heirs can file to open his estate... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Do the cops have the right to search a a hotel room

The hotel room was in my name I was at the store my boyfriend got arrested in the parking lot for possession when I returned from the store I was told I was being evicted in the cop search my room do they have the right to do that

Matthew Williams
Matthew Williams answered on May 19, 2021

This is actually a really complex question that requires knowledge of a whole bunch of facts not contained in your question. For example, when your right to possession of the room ended and the hotel regained the right to let the police in themselves depends upon a number of factors. The police may... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: As a seller- how far back (years) do I have to disclose ? If my basement leaked 17 yrs ago, didn’t the time I moved out

I kept up with maintenance, sealing and painting, gutters and down spouts.

Joseph Jaap
Joseph Jaap answered on May 18, 2021

There is no set time limit. All information considered important must be disclosed to buyer by seller, because if a problem develops and seller failed to disclose it, the buyer can sue seller for fraud.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Ohio on
Q: Estate buyout agreed upon in Ohio. How long before payment?

Hello,

I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... Read more »

Joseph Jaap
Joseph Jaap answered on May 4, 2021

Check the court order for timing of payments. Then talk to the other beneficiary or the attorney to work it out, or use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Why are the renters rights so limited, especially when we've done nothing wrong but be in the wrong house during a sale.

I've been renting at the same place for 7 years. There are now new owners who want to do walkthroughs while I'm still residing there. They raised my rent by $250 and want $1000 security deposit. They have now issued a 30 day notice to vacate. It's so unfair because I have nowhere to... Read more »

Andrew Popp
Andrew Popp answered on Apr 30, 2021

Look to the politicians you vote for. They are the ones that create the laws. If you are renting and the owner chooses to terminate the lease, you need to go. For assistance in finding a new place you can always hire a realtor.

Best of luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What rights do we have to take possession of our new house per contract?

We are closing on our new home and the seller has her daughter living there on a month to month lease. She gave her a 30 day notice to vacate On March 2 and again on April 1st. The contract is signed by both the seller and us that we take possession 5 days after close. If the daughter has not... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 27, 2021

If the month to month lease was recorded you would have constructive notice of the lease. As it is, you have actual knowledge that a month to month lease existed, and was terminated by giving a thirty (30) day notice of cancellation on March 2, 2021. As of April 1, 2021, the tenant no longer has... Read more »

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