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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Civil Litigation, Mergers & Acquisitions and Real Estate Law for Ohio on
Q: I co own land and need to sell my interests. The other owner doesn't want to sell or buy me out. Am I stuck?

I have a buyer. I really need the money for medical bills. The co owner wants to keep it, and wants me to remain co owner. I feel stuck. How do I sell my share of the property. It is not divided by surveys, one 36 acre piece of woods.

Anthony M. Avery
Anthony M. Avery answered on May 28, 2020

Unless you get the other Tenant In Common to buy your 1/2 Undivided Interest, you will probably need to file an Action for a Sale By Partition. Hire a competent attorney that litigates real property.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My home has a mortgage on it but I have a clear title to my home. Can I file bankruptcy on the loan and keep my home
Joseph Jaap
Joseph Jaap answered on May 28, 2020

You don't have clear title -- the bank has a mortgage against the house for the amount of the unpaid balance of your loan. The bank is a secured creditor and can foreclose on the house if the loan is not paid, so the bank is able to get repaid up to the value of the house at a sheriff's... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: I got a new apartment on the 1st of May . On the 8th it caught fire and I lost everything . I did not have a lease or de

Do I have the right to get part of my rent back since I was only there a week

Joseph Jaap
Joseph Jaap answered on May 28, 2020

You could try asking landlord, but you'd have to sue in small claims court if landlord won't refund it, and without a written lease, that makes it more difficult to succeed. Check with your local court to find out if they are even handling small claims cases yet.

1 Answer | Asked in Real Estate Law for Ohio on
Q: we live above the garage on my inlaws property.we built it and paid for it How do we protect our property if they die

The property the garage is on as well as a work shop are in the will to go to us. If my in laws file bankruptcy or pass away how do we protest our investment. we don't want to fight other family or the state to keep what we have paid for.

Joseph Jaap
Joseph Jaap answered on May 28, 2020

If they lost the property because of bankruptcy or some other issue, so that they no longer owned it when they died, there would be nothing for your in-laws' wills to transfer to you. So you could be evicted and would get nothing. Use the Find a Lawyer tab to retain a local estate planning... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Collections and Landlord - Tenant for Ohio on
Q: Can I fight this?

I rented an apartment May 2019 to June 2020. On May 1st my rent was due. I was not going to have the money to pay the rent till after May 7th. On May 6th I got an eviction notice stating I needed to vacate by May 11th. To avoid legal action I left May 9th. I got a final statement yesterday saying I... Read more »

Joseph Jaap
Joseph Jaap answered on May 26, 2020

Yes you can fight it. If they sue you for the money, then you can file an answer to the complaint that they file, and then attend the hearing to offer the lease as your defense. Check with local legal aid, or if your local court has a clinic with volunteers to assist those without an attorney.

1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: How many times can a judgement lien on my property be revived? How many years before statute of limitations? Thanks

Ohio

Troy J Doucet Esq.
Troy J Doucet Esq. answered on May 26, 2020

Check out http://codes.ohio.gov/orc/2325.18 for general information regarding reviving dormant judgments and how long a creditor is allowed to revive it each time it goes dormant.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Hi. I live in my deceased parents home. I paid an attorney to probate their estates and the house is now in mine and

My three siblings name. The siblings do not want the house. The lawyer wants 200 more to put the deed in just my name. I've read in Ohio that a quit claim deed can be easy in this situation. Can I do this myself? Also once it's in my name how will I be informed about the property taxes... Read more »

Joseph Jaap
Joseph Jaap answered on May 21, 2020

You could try to do it yourself, but if you make a mistake, it could cost you thousands of dollars later to correct it -- just to save a bit of money now. Have the attorney prepare the deed.

1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: Grandfather passed away and didn't leave his 2 properties to anyone.

Other family members and myself are going through probate court now, and I'm residing at the property. I have to leave state and wanted to know if there away I can have a friend handle all affairs regarding the property?

Joseph Jaap
Joseph Jaap answered on May 20, 2020

The probate court will appoint an executor (if he had a will) or an administrator (if he did not) to handle the estate. That is the person who should handle the property. Or that person can hire a property manager to do it. Ask the attorney assisting with the estate about it, or if there is no... 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 Real Estate Law and Civil Rights for Ohio on
Q: A seller's agent contacted my loan officer without permission even though he was provided a preapproval letter
Joseph Jaap
Joseph Jaap answered on May 15, 2020

Agents tend to follow up on timing and progress of the loan process, especially now, with so much disruption because of the virus lockdown. If the loan officer gave your personal info, switch to a different lender.

1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: I purchased a property in 2011 which I believed to consist of 8 lots. Recently discovered we may not own 2

I recieved the survey showing all 8 lots. But recently I discovered the the county auditor shows we do not own the 2 lots in the middle of our back yard. I checked the deed and they are not on the deed but they show on the survey. There is no way for the person it says owns them to access them what... Read more »

Joseph Jaap
Joseph Jaap answered on May 12, 2020

If your contract was for the purchase all 8 lots, and you paid for all 8, how did 2 get omitted? Was it a mistake in the deed preparation? What did your 2011 purchase contract say? Did you obtain owner's title insurance when you purchased the lots? Are the auditor's records correct?... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I signed a lease agreement electronically in Ohio and never received a completed signed lease back. Is that binding?

Thank you for your advice. Since I never received a signed lease back from the landlord, i want to cancel this lease at this time. Landlord said I cannot. Is that legal?

Thank you.

Joseph Jaap
Joseph Jaap answered on May 5, 2020

Electronic execution is valid if done properly, so the lease would be valid and binding. Ask landlord for a copy.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I'm a landlord in Ohio. My tenant has told me last month that he didn't want to abide by lease terms due to covid19.

He is supposed to have a lease through June 30th and the lease spells out that the security deposit shall not be used as last months rent. He wants to use security deposit for May rent and move out a month early, because he found a house that he's buying. He also stated his wife lost her job... Read more »

Joseph Jaap
Joseph Jaap answered on May 5, 2020

OH court activity is suspended in Ohio. You can file an eviction complaint with the court, but an eviction hearing might not take place for a couple months. If tenant moves out sooner, that won't help you. But an eviction filing is a permanent court record that can make it difficult to rent... Read more »

1 Answer | Asked in Animal / Dog Law and Real Estate Law for Ohio on
Q: In Ohio, what can be done about my neighbors aggressive dog?

My neighbors dog is causing us and our dog to lose the enjoyment of our property. It constantly attacks and jumps on the fence in a menacing fashion or an apparent attitude of attack. Our dog is becoming more and more afraid to go out and is causing "accidents" in the house. Her 4 foot... Read more »

Joseph Jaap
Joseph Jaap answered on May 3, 2020

As you have learned, local ordinances and animal control are usually not much help. You can try talking to your neighbor, but neighbor problems are difficult to resolve, and can get worse if you take action. Use the Find a Lawyer tab to retain a local attorney who can advise you of options.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Ohio on
Q: my father has died. is it necessary in the state of Ohio to have an attorney in order to sell his home.

i have an attorney but am considering firing him. i just want to know what my options are for selling the home and resolving his estate. i have been appointed the executor by the court already.

Joseph Jaap
Joseph Jaap answered on Apr 29, 2020

It is not necessary to have an attorney, but if you are the executor, and make mistakes, you could be legally and financially liable. Talk with your attorney about the situation. Or use the Find a Lawyer tab to talk to other local probate attorneys.

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 Real Estate Law for Ohio on
Q: Is their any ordinances not allowing people from out of town to move in to a new rent house in trumball county Ohio.

Right now because of Covid-19

Joseph Jaap
Joseph Jaap answered on Apr 27, 2020

Ohio is under the emergency orders from the governor to stay at home and to self-quarantine. It is unlikely that any local governments have passed specific virus-related ordinances -- but they could have. Use the Find a Lawyer tab to retain a local attorney who can check for local ordinances.

2 Answers | Asked in Real Estate Law for Ohio on
Q: Can you still get evicted ? No matter what the situation is. During the virus out break? In wooster ohio
Joseph Jaap
Joseph Jaap answered on Apr 27, 2020

Evictions can still be filed with the court, but eviction hearings and many other court activities are currently suspended in OH. When courts re-open, the hearings will resume, and you could be evicted then. An eviction is a permanent court record that can make it difficult for you to rent from a... Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: The leasing office undid a signed renewal to change monthly rent amount. Is that legal?

I signed and submitted the renewal contract. A week later they undid the signed renewal and increased the rent amount. They said the amount in the contract was not correct. This seems illegal. If I wanted to void the contract a week after signing, there would be a penalty. How can they modify it if... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

If you signed the renewal first, and landlord hadn't signed the renewal, then landlord could decide not to sign it, and instead, change the rent amount and send you a revised renewal to sign. But if you and landlord both signed the renewal, and then landlord came back and changed it, then... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I signed a contract to purchase a home there was a disclosure issue and now I want out.

When we viewed the home there was mention on a disclosure form of a minor structural issue that had been repaired and had an accompanying engineers letter and warranty with it. Before signing the contract however I was not able to see that document. During the inspection I walked with the inspector... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 19, 2020

Do not listen to your agent. You purchased the house subject to a successful inspection. It failed the inspection. You can now rescind your offer.

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