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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: The landlord said I need to find another tenant or I won't receive my security deposit

It's a rooming house in Dayton Ohio and also she has failed to give me a copy of my rental agreement.. After making several request by me and my father the landlord has still failed to give a copy of the written agreement

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2020

An Ohio attorney could advise best, but your post remains open for two weeks. You could additionally repost your question in the Landlord-Tenant section. Look for the linked text below the main categories you already posted in that says, "Show More Practice Areas." That opens up more... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: Mortgage discharged in 2/2010 (Ohio). Sold 3 times. No foreclosure. I"m paying insurance water & sewer. Need name off

I can't seem to have it taken out of my name. Is there a process to have it done? Tried deed in lieu. County won't foreclose on property taxes and mortgage company won't foreclose on property. I have been maintaining grass cutting and snow removal because my name is still listed... View More

Joseph Jaap
Joseph Jaap
answered on Sep 9, 2020

More information is needed. Use the Find a Lawyer tab to retain a local real estate attorney to review all the facts, check the records, and advise you of your options to get it resolved.

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1 Answer | Asked in Landlord - Tenant, Estate Planning and Real Estate Law for Ohio on
Q: I rent a duplex in OH. Landlord had meter readings mixed up. I figured out 11 months later when the downstairs neighbors

Moved in. (No one was there before.) The bill was near $300 for electric. After weeks of trying to get the landlord to fix it, and the electric company out. He is telling me that I owe the difference. Though it was not my fault. Is this legal?

Joseph Jaap
Joseph Jaap
answered on Sep 9, 2020

If your lease requires you to pay the electric that you use, then you are obligated to pay whatever the proper billing for your usage works out to be, regardless of the mix up. If you don't pay, landlord can subtract from your deposit, sue you for any additional amount, or file to evict you.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Converting mixed-use building to residential

I'm looking for houses and happened across a gorgeous old building with shop space downstairs and 3 apartments upstairs. I'm interested in living in one of the units, renting out the others, and using the shop space as an art studio. What zoning issues might I face with this? I find the... View More

Joseph Jaap
Joseph Jaap
answered on Sep 2, 2020

You need to hire an architect familiar with conversions, residential construction, and the local building and zoning code to assess what you plan to do, what you must do to comply, or if any variances will be needed. The architect should have good rapport with the folks at building and zoning.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Can i stop my bldg from doing renovations in my apmt during the pandemic?

Workers plan to renovate 8 hrs a day and I'm told i can enter my place after they leave at 5pm. The workers will have touched almost everything while working which leaves me wide open to covid. Can l stop the renovations until pandemic is over? Ty

Joseph Jaap
Joseph Jaap
answered on Aug 31, 2020

If the landlord does not allow you in your place until after work stops, then that is "constructive eviction." Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you.

2 Answers | Asked in Real Estate Law for Ohio on
Q: My grandmother passed away and before we could get my sister's and I on the deed to the house. She had no will

Currently my grandmother and mother are on the deed but have both passed away so I'm still living in the house and don't know to get it in my name. My grandmother only had one child which is my mother so would me and my sister's automatically inherit the house?

Joseph Jaap
Joseph Jaap
answered on Aug 27, 2020

If there were no other survivors listed on the deed to the house, and your mother and grandmother have no living spouse, and grandmother did not have any other children or grandchildren, then you and any of your mother's children are heirs. Both the estates of your mother and grandmother must... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Tax question about property buyout.

I have the condo deed my name and will sign over after buyout but concerned large personal check may lead to tax issue? We lived there for 3+ years. Should I insist that when he goes to closing the bank give a check or does it matter as far as taxes go? Should be about 85k

Joseph Jaap
Joseph Jaap
answered on Aug 27, 2020

The manner in which paid does not affect whether any tax might be due. Contact your tax professional to determine if you will have any tax due on the transaction.

1 Answer | Asked in Real Estate Law for Ohio on
Q: We are closing on house in Ohio and the seller took the propane tanks that heat the gas fireplace, is this legal?
Taylor P Waters
Taylor P Waters
answered on Aug 27, 2020

It depends. If the propane tank was buried, it would likely be considered a fixture and transferrable with the property. It also depends on who the propane company was that set the tank. Often, the companies themselves retain ownership of the tanks. Lastly, it would depend on whether any term... View More

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Can I get a lawyer to review a lease?

I am communicating with a potential new landlord via email and he sent me the lease agreement. Is there an attorney that can review it and tell me if it's legit?

Joseph Jaap
Joseph Jaap
answered on Aug 17, 2020

Yes. Use the Find a Lawyer tab and hire a local real estate attorney to review the lease and advise you. But a landlord is unlikely to make any changes.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I am the homeowner with a roommate with no lease. Can I kick out their rude significant other?

The roommate doesn’t even pay half of the mortgage/utilities, so having an additional person living at the house for 3-5 days out of the week sometime is annoying. They also never signed a lease. On top of it, the S.O. is loud and rude. Can I tell my roommate their significant other is no longer... View More

Joseph Jaap
Joseph Jaap
answered on Aug 17, 2020

You can tell roommate to get the SO out. But if that doesn't work, you must go through the eviction process to do it legally and avoid being sued for unlawful eviction. Check your local court web site for the eviction process or use the Find a Lawyer tab to retain a local attorney to assist... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: hello , Can lease termination policy be changed after signing the lease?

I checked the lease termination policy over email before signing on the lease agreement document over email. Now, the landlord is saying that terms of lease-breaking is changed and i should consider the latest one if i want to break the lease. I have the email conversation as a proof of that.

Taylor P Waters
Taylor P Waters
answered on Aug 13, 2020

Your lease is the contractual terms that both you and the landlord agreed. They cannot unilaterally change the terms of your relationship.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a sub-tenant that is not on the lease and will not leave. What legal action can I take?

The sub-tenant has been living in my house for 2 years and will not sign a lease and now refuses to leave. He has moved his girlfriend into the house as well. Technically I am not allowed to have a roommate but my landlord knows he is there. I don't want to get evicted. He does pay his rent in... View More

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2020

Some courts require landlord to evict occupants, other courts allow a tenant to evict a sub-tenant. Check with your local court. If it does not permit tenant to file an eviction, and your landlord won't do it, then use the Find a Lawyer tab to retain a local attorney to review the situation... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Do you guys help with lease on apartments ?

My building was bought out by a management company and lease is or was valid till the end of the year. The new owner posted a letter on my door of eviction in 3 days because I didn't pay a $10 utility fee which isn't in my lease with the old owner. I guess my question is , is my original... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 7, 2020

Old lease is still valid. Of course, if you do not comply with new lease, the new landlord will not renew your lease in December

1 Answer | Asked in Real Estate Law for Ohio on
Q: Hello, My neighbors HUGE tree roots have TOTALLY damaged my driveway....he says he doesn't have the money to cut it down

I believe he should have to pay for my driveway repair/replacement...of course if the tree falls on my house/garage he is totally free an clear because my insurance would have to pay..this is what he is hoping happens...it could fall on his house as well but either way he wouldn't not have to... View More

Joseph Jaap
Joseph Jaap
answered on Aug 6, 2020

Get an estimate for driveway repairs and give it to your neighbor. If he doesn't pay, then you can sue him in small claims court up to $6000, and the judge will decide if he is liable to pay for the damage.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: My apartment told me via email that I would get a rent discount for August. Now they are saying I won't. What can I do?

They told me I would get a $350 rent credit for a resident referral. I confirmed twice with them if I would still be receiving the credit, and they told me that I would and to expect it on my August rent. When it wasn't added to my account,they are now saying that another person was put down... View More

Joseph Jaap
Joseph Jaap
answered on Aug 3, 2020

You could sue them in small claims court for breach of contract. But for $350, it might not be worth the time and effort. You could tell them you are filing in court, but that might not make them give you the credit. But they might decide not to renew your lease. Check your local court web site... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: How difficult is it to have a shared driveway/easement rescinded?

90% of the driveway is on our property. The easement was granted by former owners of our house in the early 1900s, and the current neighbors lived there since the 1940s. The matriarch of the family passed away in December, so no one is living there while it’s cleaned out and prepared to sell.... View More

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2020

The other people would have to sign a release of their easement rights to be recorded in the county records. But they are under no obligation to agree. If they are willing to do that, and they might want payment, then use the Find a Lawyer tab to retain a local real estate attorney. Talk to... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: I closed on my house, then found out the seller is married. The spouse did not sign off.

After closing, I started moving in to my new home, then received a call from my agent, saying that we could not take ownership of the home. The seller is still married, and lied to her agent about it. What are my rights? Any options? What does this mean for my loan, that has already settled?

Joseph Jaap
Joseph Jaap
answered on Jul 31, 2020

If the deed indicated that seller was unmarried, and seller then signed it, you have a claim for fraud against seller. If you purchased title insurance, talk to them first, then use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you of your options.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: I have leased a home for 9 years, the lease expired after a year and never signed another lease. Can I be sued damages?

There have been no upgrades, maintenance etc over the nine years I have done all upkeep myself. The home will need new carpet, drywall repairs and paint.

Joseph Jaap
Joseph Jaap
answered on Jul 30, 2020

Unless the original signed lease specified otherwise, then when it expired, you became a month to month tenant, and either tenant or landlord can terminate that occupancy at the end of any month by giving 30 days written notice. Tenant is responsible to pay for any damages to the premises beyond... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Real estate doc was shared to a list agent on a Sat evening via Dotloop when is it considered received?
Joseph Jaap
Joseph Jaap
answered on Jul 28, 2020

That could be argued in court. Check if the contract offer specifies a particular method of delivery. If there is a dispute about whether it was timely delivered or received, then if the parties cannot work it out, a court might have to decide. Use the Find a Lawyer tab to retain a local real... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Am I liable if my rental agency lost the money order given when signing lease?

Company lost money order after move in. Instructed me to request refund from western union, there has been delays due to Covid-19 and rental company giving inaccurate information about what money order was lost. Constantly being harassed by notices posted on my door and emails stating I need to pay... View More

Joseph Jaap
Joseph Jaap
answered on Jul 27, 2020

They can't force you out. They would have to evict you to get you out, and that could take weeks. So don't let them bully you. Try to get the refund a soon as possible. If you make any rent payment, be sure to always get a signed receipt. Otherwise, you can't prove you paid, and... View More

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