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Ohio Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law and Probate for Ohio on

Q: My mother passed away without a will, her and my dad have a home he’s in prison can I stop him selling home

He said he had to have my mom removed from mortgage and the potential buyer has a lawyer and they sent me a paper I haven’t signed about my passing instate and not wanting notified of probate hearings. I have not signed anything.

The sale of the house was stopped last month but idk why... Read more »

Nina Whitehurst answered on Sep 12, 2019

Whatever you are being asked to sign, you should take to an attorney for advice.

Depending on how the house was titled when your mother passed, and also depending on whether you are the biological or adopted child of both of them (the individuals you are referring to as mom and dad), you...
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1 Answer | Asked in Real Estate Law for Ohio on

Q: can the landlord keep us off the property that our son rents? The landlord is his father my wife's X

There are two other tenants also

Joseph Jaap answered on Sep 10, 2019

Landlord can try to get a court order keeping you off, if there is a good reason. But when property is rented to a tenant, unless there are restrictions in the lease, the tenant gets to decide who can visit.

2 Answers | Asked in Real Estate Law for Ohio on

Q: can HOA ban a fence unless you have an in-ground pool if there are many houses with fences and no pool

HOA is banning putting up a fence for our backyard claiming that you can only do so if you have an inground pool. Yet there are many houses in the sub-division that do not have in-ground pools but do have fences. In addition, they updated their bylaws online hours after talking to me.

Joseph Jaap answered on Sep 10, 2019

If they deny your request, and you do it anyway, they could sue you. Or you can get an attorney to advise the HOA that because of its inconsistent enforcement, a court might refuse to enforce their no-fence policy. Use the Find a Lawyer tab to retain a local real estate attorney to review and try... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on

Q: If a Landlord removes a person from a lease, is that breaking the lease?

In February, my daughter and i co rented a house together and a few months into the lease, the landlord removed her from the lease, did they break the lease and am i still responsible for fullfilling the lease? Is that legal? Can i move because i can not afford it on my own. They would never have... Read more »

Joseph Jaap answered on Sep 3, 2019

A court would have to sort out the facts and whether what landlord did permits you to vacate without being liable for rent for breaking the lease. Try to work it out with landlord, or use the Find a Lawyer tab to retain a local attorney to review the facts and advise you.

1 Answer | Asked in Civil Rights, Intellectual Property, Land Use & Zoning and Real Estate Law for Ohio on

Q: I was rented home by a scammer real owner showed up with police saying I had to leave by Monday that property is vacant

I have a lease from scammer I’ve paid 1000 deposit and 850 first months rent what are my rights can they really make me leave like that

Joseph Jaap answered on Aug 30, 2019

If the police don't force you out, the owner could file criminal trespass charges against you, and also file an eviction against you. Try to work it out so that an eviction and charges are not filed against you, since those are permanent public records, and can make it difficult for you to rent... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: I was presented with an offer on my property, I countered and the buyers realtor is not relaying anything to my realtor

or her clients. How long can an offer be valid?

Bruce Martin Broyles answered on Aug 29, 2019

I believe your counter offer effectively rejected the original offer. Your counteroffer remains open until the deadline you set passes, or you withdraw your counteroffer.

1 Answer | Asked in Real Estate Law for Ohio on

Q: Developer hasn't conveyed common area. Retention pond walls are becoming weak & need repair Who pays? Developer or Assoc

Bruce Martin Broyles answered on Aug 27, 2019

In discussing common areas you are either discussing a condominium or a home owners association. Either way the answer is most likely found in the declarations. Most likely, the association will be responsible, but the developer still owns a large number of units.

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

Q: What are the repercussions for landlord interrupting quiet enjoyment?

Landlord showing house to prospective tenants and allowing 11 year old son to fish in pond unsupervised and did not ask permission. Also has electrician come to house without giving adequate notice. Was told on a Wednesday he’d be there the next day and didn’t show up until Saturday. Lease is... Read more »

Joseph Jaap answered on Aug 26, 2019

There really are no repercussions. There is no practical remedy for a tenant against a landlord who acts that way. You can advise landlord that proper advance notice is required.

1 Answer | Asked in Real Estate Law for Ohio on

Q: Tenant is on month to month lease. He has been given a 30 day notice. Claims can't get out in time. What do we do now?

Tenant has defaulted on bills that were then attached to tax bills that we had to pay. The house has been

damaged. What happens at the end of 30 days? Tenant claims he can't lift heavy things due to bad back and age 70. If he leaves stuff in the house, what are our responsibilities for... Read more »

Joseph Jaap answered on Aug 26, 2019

If tenant does not vacate after proper notice of termination, then you will have to proceed with an eviction, which would require a 3 day written notice, and then filing the eviction complaint with the local court. Check the court web site for the forms and process or use the Find a Lawyer tab to... Read more »

3 Answers | Asked in Estate Planning, Real Estate Law and Foreclosure for Ohio on

Q: I lived with my fiance for 12 yrs. and he passed away on May 31. His house is in mortgage and they want their money.

I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.

Taylor P Waters answered on Aug 22, 2019

That depends, there are a few ways to delay foreclosure and hold the bank off depending on where you are in the process. It would be difficult to answer without more information.

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1 Answer | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Ohio on

Q: Renting in Ohio, landlord did not disclose mouse infestation and mold before leasing. Can I break my lease early?

Been dealing with mouse infestation since moving in to house in November 2019. Landlord admits to issues x 12 years with pest control and bait stations around the house to keep "in-check" however we continue to catch mice in regular traps and have droppings in drawers and on the floor. I have to... Read more »

Taylor P Waters answered on Aug 21, 2019

Likely, yes. As part of the landlord tenant act, landlords must do the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the... Read more »

2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Ohio on

Q: I own both a car and house with a girl, we are not married. If I die will she take full ownership or do I need a will?

We live in Ohio and I’m not sure if I need to make a will and leave my half of these things to her, or if the intestate laws will guarantee she gets full possession of the house and car? I don’t want my family trying to claim half of these items if something happens to me.

Moshe Toron Esq answered on Aug 20, 2019

If you own an asset together and the title contains the words " joint owners, with rights of survivorship" then the asset would pass to the other person automatically upon the first to die.

Otherwise, you need a will that names your girl friend.

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2 Answers | Asked in Contracts and Real Estate Law for Ohio on

Q: My condo asstn. has been misappropriating funds & or ignoring request for audit info for years. Do I have any recourse?

My condo association has used scare tactics and harassing tactics to squeeze money out of homeowners. Some have filed bankruptcy not not knowing the management company that has been receiving payments for the last 13 years, has been cancelled by the state. Yet they have still used a law firm to... Read more »

Bruce Martin Broyles answered on Aug 16, 2019

The articles of incorporation are often cancelled for failure to pay annual fees. The corporation can have the articles reinstated and ratify the conduct by a shareholder's meeting. As a shareholder, I believe that every owner is a member of the association, you are entitled to receive the... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on

Q: Is there a limit on how much early lease termination fee a landlord can charge in Ohio?

My tenant wants to end the lease early by five months (rent is $1300). I don't have an early lease termination clause but want to work with the tenant. Without me asking, they offered $3500 and forfeiture of their security deposit ($1500) to end the lease early (we would do this in writing).... Read more »

Joseph Jaap answered on Aug 15, 2019

There is no limit set by law. It is whatever the landlord and tenant agree for the early termination.

1 Answer | Asked in Real Estate Law, Environmental and Insurance Bad Faith for Ohio on

Q: If a neighbor did major work next to your property line to run storm water pipes on to your property should you be told

And to find out the neighbor had been plotting this move for over a year after the head of soil and conservation advised neighbor not to block the watercourse THATS been their for 100+ years so the neighbor gets a permit to put in a WMSC and now we are getting all of the pollutions from the... Read more »

Bruce Martin Broyles answered on Aug 15, 2019

Your neighbor cannot alter the course of the natural flow of water onto your property. The permits and zoning do not determine whether he has a right to adversely effect your property. You have rights that should be enforced through a complaint for trespass and request for mandatory injunctive... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: I’m in the cleveland area. I just received a 3 day notice today. Will all be forgiven if I pay in full today?

Joseph Jaap answered on Aug 13, 2019

After being given a 3 day notice, landlord can refuse to accept any rent payment, and can proceed to file an eviction. Try to work it out with landlord to avoid having the eviction filed, because that becomes a permanent court record, and can make it difficult for you to rent from a landlord who... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Ohio on

Q: home is under contract. just found out have to repair septic at min $15,000. can I get out of sales contract as seller?

Joseph Jaap answered on Aug 12, 2019

It depends on how the inspection contingency is written in the sales contract. Try to work it out with the buyer, or use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise you.

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1 Answer | Asked in Real Estate Law for Ohio on

Q: How is a manufactured home valued for loan purposes if the county has it recorded as real property?

It is on a foundation so the title was surrendered in lieu of a deed. The tax dept says its real estate but the appraiser says its a trailer basically which under values it by about $40,000. How or can we change the way they value the house?

Bruce Martin Broyles answered on Aug 11, 2019

once you surrender title the auditor should describe it as real property and you should no longer be taxed as personal property. show this information to the appraiser

1 Answer | Asked in Real Estate Law for Ohio on

Q: How does a Vendor enforce a Land Contract when Vendee fails to pay real estate taxes?

Land contract states: "Real estate taxes shall be the responsibility of the Vendee as of the date of the execution of this agreement. Said taxes shall be escrowed and added to the principal and interest payment required hereunder." Vendee has not paid anything toward real estate taxes, although... Read more »

Bruce Martin Broyles answered on Aug 9, 2019

Ohio has a very specific statute for Land Installment Contracts; R.C. Chapter 5313. If the land installment contract has been in effect for less than 5 years or the purchaser has paid less than 20% of the purchase price, you may proceed by giving a notice of forfeiture. This notice places the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: Is it legal in the state of Ohio to sign two lease ?

Joseph Jaap answered on Aug 9, 2019

A person can sign as many leases as they want. They have to pay rent on each one. But if the lease requires them to occupy and not leave it vacant, and they don't occupy it, then the landlord can evict them to terminate the lease.

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