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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: How to fill out form in ohio Called forcible entry and detainer after serving 3-day notce to leave

Renter is 3months late. Trying to evict

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 6, 2023

You obviously need to hire an OH attorney to regain possession from the tenant.

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Environmental for Ohio on
Q: 18acres of a farm adjoining to our farm, is building 90 townhouses . They are removing the woods between us exposing our

They are removing the woods between us exposing our privacy. What rights to do we to protect our privacy ?. And what happens if these new townhouses block our well water or contaminate it?

Joseph Jaap
Joseph Jaap
answered on Feb 6, 2023

If the developer purchased the property with the woods, then it can remove the trees. Talk to the local building and zoning office that issues permits for the construction about your concerns.

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Ohio on
Q: Am I legally required to pay back previous owner for paying the gas bill after I bought the house?

I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?

Joseph Jaap
Joseph Jaap
answered on Feb 2, 2023

The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you... Read more »

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: I am married. We bought a home while married. Only his name was put on deed. What are my rights ? I want on deed

Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... Read more »

Aaron Epling
Aaron Epling
answered on Jan 27, 2023

He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Co borrower on home loan application and On bank note but not mortgage or title. Wife never had job and I paid everythin

J

Joseph Jaap
Joseph Jaap
answered on Jan 17, 2023

If you are getting a divorce, the house is marital property no matter whose names are on the deed, loan, or mortgage.

Your spouse has an interest in the home, even if she paid nothing, and that interest will be divided in the divorce. Use the Find a Lawyer tab to retain a local attorney...
Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I am filing a transfer on death affidavit for my mothers property in Ohio.

My father and mother purchased land in 1963 to build their home and the deed transferred to my mother in 2002 at my fathers death. There is a certificate of transfer on file but there is no volume and page number which the form requires. Can I reference the deed from 1963 that has a volume and page... Read more »

Joseph Jaap
Joseph Jaap
answered on Jan 17, 2023

If the certificate of transfer was recorded in the county recorder's office, the book/page recording reference will be in their on-line records or in their records. If it was not recorded, it must be recorded now. To be sure your TOD affidavit will be valid, use the Find a Lawyer tab to... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: How can I get someone off the deed?

My ex-fiancée put zero money into purchasing the home. I sold my house and my credit got this currently. She has only paid half mortgage. Nothing else. No house bills, nothing. I only put her on the deed because we were going to marry. Turns out she used me to leave her parents house and had no... Read more »

Joseph Jaap
Joseph Jaap
answered on Jan 6, 2023

Once a person is added to the deed to a home, they have to agree to any transfer to remove their name. Without a written agreement with her in which she agreed to pay her share, you can't force her to pay anything on the mortgage or any other bills. You can offer her some amount of money to... Read more »

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Ohio on
Q: OH TOD deed to one person, then a new TOD deed to another but that one was revoked. Is the first one still valid?

My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... Read more »

Joseph Jaap
Joseph Jaap
answered on Dec 22, 2022

It depends on how each was worded and if they were properly executed and recorded. They would have to be reviewed by an attorney to give an accurate answer. A properly worded, executed, and recorded TOD affidavit would take precedence over a different designation in a will. Use the Find a Lawyer... Read more »

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1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Ohio on
Q: Does transfering property into an established Partnership-LLC affect ownership levels, like initial capital contribution

If I were to be in a partnership LLC, and my partner wants to transfer a property into the company, would that automatically affect his amount of ownership like an initial capital contribution would? Or is there a choice to not give over ownership for the contribution to the company

The... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

This first question is "what does your operating agreement say about it?" If you don't have one, then the question becomes whether this is being transferred for value received, transferred without value, and why the transfer is being made.

If it is being made for value from...
Read more »

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: We live in an OH duplex that is being sold. We have no lease. After year one they go M2M. Do we have any rights to stay?

The other tennant is new and has a lease until July of 2023. If the new owner wants to live in one half are we the one's that will be forced out? Our 13 year old is in special classes in this school district as well as counseling. It took a whole year to set up these badly needed services.... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 22, 2022

Without a written lease, a tenant is in a risky position. A month-to-month tenancy can be terminated by either tenant or landlord at the end of any rental period (typically the end of the month) by giving at least 30 days notice in writing to the other. If landlord gives notice, and tenant does... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a mental health illness and I want to break my lease less than 24 hours of moving in. Am I able to do so?

I took the keys on Friday November 11th around 3:30 pm and by Saturday the 12th at 11:00 am I told the property manager I wanted out of my lease. I signed a 12 month lease, and the place gives me severe anxiety to be in the unit, I haven’t moved all my belongings in yet, and I have 2 cats... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

A tenant can try to negotiate a lease termination with the landlord, but the landlord doesn't have to agree. The tenant wouldn't have a good basis for termination, unless a court finds tenant was not mentally competent to sign a lease. A tenant is not required to move in, but if tenant... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In Ohio, is a Property Owners Association allowed to revoke owners gate pass access for past due annual fees?

1. No notice given about late dues and or gate access being revoked. 2. There are two gates one is automatic which can only be opened by a gate access card or by a key fob whether you're entering or leaving as well. The other gate is chained and locked shut with no keys given to property... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 14, 2022

It is very unlikely that a judge would allow that. But you might need a judge to put that in writing. Use the Find a Lawyer tab to retain a local real estate attorney who can review the homeowner documents, contact the board on your behalf to demand access, and file in court if necessary.

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: If I record a new OH property deed, will it sever the survivorship tenant rights created in the prior deed?

The new deed contains express language that I do intend to preserve the survivorship tenant rights, rather than severing those rights.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Nov 9, 2022

The easier thing to do would just be to include new survivorship language in the deed. Don't overcomplicate things.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio. My husband and I are both on the deed. He wants to allow someone to hunt and I don't. How does this work

Do both owners need to agree or just one? My husband says he is going to give the person written permission. Can I tell the person to leave?

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

If you tell the person to leave, and they don't, the local police are not likely to do anything if your spouse says it is ok.

Each co-owner can use the property how they choose. If co-owners can't agree, then they can go to court, and a judge will decide. If unmarried co-owners...
Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I'm co-owner of two time shares. Is there a way I can remove me from the deed(s). Is it possible to do a quit claim?

The other party is being very uncooperative and will not answer calls or letters...

Nicholas P. Weiss
Nicholas P. Weiss
answered on Oct 19, 2022

Yes, you can quit-claim your interest in the property to the other co-owner.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio I found an 1947 easement that allows me to have foot traffic across my neighbors parcel. mentioned 1974

the easement was restated in 1974 then no ,mention to date. would the easement still be valid ?

Joseph Jaap
Joseph Jaap
answered on Oct 18, 2022

Whether it is valid depends on the exact terms stated in the grant of easement as recorded in the county records. There is no need to keep re-stating and re-recording an easement to keep it valid. Use the Find a Lawyer tab to retain a local real estate attorney to search the county records and... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I'm living in a house that was recently sold and I'm wondering what my rights are

My parents sold the house and now there are new owners and I don't know when I have to be out and don't know any rights I have

Joseph Jaap
Joseph Jaap
answered on Oct 10, 2022

If you had a written lease with your parents, the new owner must honor that. If there was no lease, then you are a month to month tenant, and the new owner can offer you a new lease, or terminate your occupancy by giving you 30 days' written notice.

1 Answer | Asked in Real Estate Law and Divorce for Ohio on
Q: If my husband purchased our home before we were married, and I am not on the mortgage, am I also financially responsible

We are divorcing. Can I record a Quit Claim deed to him for my marital equity prior to divorce so I can obtain another home?

Joseph Jaap
Joseph Jaap
answered on Oct 6, 2022

The divorce will divide assets, equity, and debts between the spouses, to determine who gets what and who pays what. A Quit Claim Deed would not be effective until after the divorce has been finalized by the court. Talk to your divorce attorney about it, or use the Find a Lawyer tab to retain a... Read more »

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