Lawyers, Answer Questions  & Get Points Log In
Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: I want to build a house on my parents property but acses to it I'm using a right of way and neighbors is stopping that

Can he do this

Joseph Jaap
Joseph Jaap answered on Feb 18, 2020

The neighbor might be able to stop you, depending on all the facts. Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you of your options. Even if you work it out with the neighbor, you should have an attorney prepare an easement or other written document for... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I am a seller contract Lease to Purchase. Doesn't the buyers monthly payments go to the mortgage payment?

Buyer thinks that her monthly payments only go towards the principle balance. She stated that she should have credit towards all the payments she's made. All the payments she made go to the mortgage.The lawyers have seen the paperwork and the mortgage payments and that's whats on the contract as a... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 14, 2020

Buyer has assumed that there is a default provision that the payments go towards the principle balance of the mortgage. Seller has indicated that the monthly payments go towards the mortgage payments. The language of the contract will determine the issue. The monthly payment being equal to the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: We have no separate water meters in my building so how can they say they are going to divide the bill between 8 apartmen

I live alone and some have 3 or 4 people living in 1 apartment. I work 3p - 11p so I'm not home much

Joseph Jaap
Joseph Jaap answered on Feb 11, 2020

The landlord splits up utility costs among tenants as specified in the written leases with the tenants, if water is not included in your rent. If your lease does not require tenant to pay for water, then you have no obligation to pay it. Talk to your landlord about it.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Ohio on
Q: How to stop an illegal eviction in Ohio? Please help! Emergency situation w/ children! Going to be homeless!

My landlord evicted me within 24 hours after I reported a sexual assault by a neighbor. Trying to make us move, he’s been harassing us & saying discriminating things-via text! He posted a wrong 3 day that the magistrate at court ignored & the magistrate wouldn’t let us speak without cutting us... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 7, 2020

Talk to the attorney who agreed to take your case about the process to object to the magistrate's decision, but if it was for non-payment of rent, you might not succeed in stopping the eviction. And if the magistrate granted the eviction, typically the tenant only has 7 days before the sheriff... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: Can my name be taken of our lease without my consent?

My family are currently sharing a house with another family since June of 2019. Right after the first of the year for some reason they decided they did not want us living with them anymore. First they said they were moving out then a few days later one of them came in and told us that they told... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 5, 2020

If you signed a valid written lease, and it still is in effect, it cannot be changed without your consent. They are attempting an improper eviction. Use the Find a Lawyer tab to retain a local attorney to review the circumstances and advise the landlord and others that you will take legal action.... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: if a renewal lease has been signed, can the mgmt co. come back & say there is a discrepancy to re-sign you for higher?

The renewal lease was signed 12/30/19 (Month to month) and we were contacted 01/29/2020 to come back in due to a discrepancy in the rental amount. They’re saying that we renewed at $772 and it should’ve been $872. Can they legally change that amount after it has already been signed? The new... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 5, 2020

If the current lease is month to month, then if you don't sign the new lease at the higher rent, landlord can terminate the month to month lease at the end of a month by giving you a 30 day notice of termination.

1 Answer | Asked in Real Estate Law for Ohio on
Q: We would like to have our sons name added to the deed of our property so that it becomes his upon our deaths but want

it put in a trust for his Daughter and a niece should something happen to him. With the assertion that if the daughters Mother resides in home it will be sold except the niece's share and put in a trust until the child reaches 26 nor will any spouse be entitled to property of niece or son ,or... Read more »

Taylor P Waters
Taylor P Waters answered on Feb 5, 2020

Unfortunately, this is not the kind of thing that can easily be handled with the Ask A Lawyer, but there are many highly qualified real estate attorneys in Ohio who can help you with a deed, trust, or both, that will meet your needs!

1 Answer | Asked in Real Estate Law for Ohio on
Q: I have a house and in my deed we have ingress and egress owner said he is going to have it taken away can he do this?

We never go over 10mph he came up to my house being really load and rude saying he was going to take our right away to get back to our house their is no their roadways or drive ways can he do this?

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

If you have a valid easement, then you could take legal action against the neighbor if he blocks your access and use. Try to work it out with neighbor by explaining it. Or use the Find a Lawyer tab to retain a local real estate attorney to review the documents recorded with the county to confirm... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I own a house and property I have ingress and egress to get to it in the deed the owner of the house below just bought

He just bought property below us a year ago he came up acting stupid saying we drive to fast in drive way we never go over 10mph their are potholes everywhere for one and now he is trying to say he is going to cap off our entire way can he do that legally?

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

If you have a valid easement, then you could take legal action against the neighbor if he blocks your access and use. Try to work it out with neighbor by explaining it. Or use the Find a Lawyer tab to retain a local real estate attorney to review the documents recorded with the county to confirm... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restart?

A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restarts every month and therefore we need to go before the board every month to get this "new" lease approved. Is he a$$ backwards like he seems?

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

How often a lease review is required, depends on what your lease says and what the condominium declaration and bylaws say, and any rules established by the board for leases, and how the board implements those rules. If you don't comply with what the board requires, they can take those actions... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Ohio on
Q: how Can I find out if I should sue previous homeowner for repairs that were supposedly made that I’m finding were not

Had a leak from upstairs bathroom that was supposedly fixed and found out they never replaced the seal behind the overflow and that’s what the water was from also had an electrician out for an estimate for a new breaker box and he said the new grounding that was installed was also not done... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

Contact the seller and work out who will pay. If seller won't agree, use the Find a Lawyer tab to retain a local attorney to review the facts and advise you. Depending on the cost of the repairs, it might not be cost-effective to sue the seller. Or you could sue seller in small claims court.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My mother just died in Pennsylvania. She owned property in Florida. she put my stepsisters name on deed.

With my step sisters and her husbands name on deed, did I lose rights to the property as her naturally born son?

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

She was free to designate who would get her FL property. As an heir, you might be entitled to a share of other assets of her estate, but it depends on whether she already made designations and what she put in her will.

Use the Find a Lawyer tab to consult a PA probate attorney where she...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Can condo board remove money from capital account and use it to pay self for unnecessary contract work?

Over 8,000 pdf to condo vice president for doing contract work for several major projects not discussed with condo owners ast.

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 19, 2020

The condo association operates the same as any other corporation. There should be bylaws and minutes setting forth what can be done and how it is to be done. There may also be an issue with self dealing

1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for Ohio on
Q: Help with understanding how this is fair? It seems like it should be illegal .

While trying to install a sewage system my town lost money on two occasions by hiring companies that didn't finish the job. So to make up for this loss they force you to hook up to their sewage , charge a seemingly large amount every month for doing so, and if you get behind disconnect you, add a... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

Public sewer issues are usually handled locally. Use the Find a Lawyer tab to retain a local attorney who can review local ordinances and advise you.

1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Is selling a house in OH without a legal right of access legal in OH? Wouldn't that be a breach of warranty claim?

I cannot find what claim, if any, I might have for being sold a property via General Warranty Deed, that ended up not having a legal right of access. What, if any warranties would this be a breach of? The Deed did not expressly provide that the property would be conveyed without access.

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 14, 2020

In a conveyance of real estate, or any interest therein, the words "general warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Is there any way to keep my LL from being financially/legally resp for a friend living with me if it doesn't work out?

I am in a lease agreement and a friend is temporarily going to stay with me. Is there any "binding" document that I can get signed that will state my landlord will not be held legally or financially responsible? I am willing to take on full responsibility for any damages etc.

Matthew Williams
Matthew Williams answered on Jan 9, 2020

You are free to contract with your landlord for you to take all responsibilities, sure. A contract is really nothing more than an agreement and you generally have a right to agree with another to anything that is not illegal. But an agreement takes two. If they don't want to contract with you along... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: We recently purchased a house. After being in the home 5 days, there is a large leak in the living room from upstairs.

Do we have any recourse? Does the owner, the home inspector or real estate agent have any liability? The plumber is telling us this was a covered up issue from his findings. The repairs are going to cost us a lot of money. Help!

Taylor P Waters
Taylor P Waters answered on Jan 8, 2020

Hi there,

If you have a plumber stating the issue was covered up and it was not listed on your residential property disclosure, then you can likely pursue the seller of the house for fraudulent misrepresentation, breach of contract, promissory estoppel, unjust enrichment, and fraud....
Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: We have an HOA that has been dormant for 20 years they only have mins since 2015 can they enforce anything before that?

We have had a pool up since 2007, it is against the bilaws but the HOA uses the city to enforce all of its laws, they called the city we were told to put a fence up which we did and heard nothing again until we changed from a round pool to a rectangle pool in 2015. There are no minutes on the books... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 17, 2019

The HOA can file a lawsuit against you to try to enforce the HOA rules. Since you have had a pool for so long, it is unlikely a court would enforce against you now, but it could. If the HOA files legal action against you, use the Find a Lawyer tab to hire a local real estate attorney to review the... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: My father and 2 brothers owned a building where they worked together their whole lives. Two died and other sold to keep

all proceeds of the sale, leaving the children of the other 2 families "out in the cold."

The building sold for almost $215,000. I believe all 3 brothers had a verbal (not a written) agreement to

equally divide the funds once the building was sold. I consulted with a real estate... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 17, 2019

Just as the other attorney advised, it could be hard and costly for you to take action, and might not get anything. If the brother and his wife have no money, there is nothing for you to collect from them. If you want to hire a lawyer to assist you, use the Find a Lawyer tab to retain a local... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: Who does the house go to now?

My father passed away last year and in his will he left his house to his brother. Now his brother has passed away and the house is still in my father's name. I have 2 sisters and we are trying to figure out if the house is now our responsibility since the house hasn't been put in our decreased... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

There is no way to answer your question without reviewing your father's will and knowing how much time passed between your father's death and your uncle's death. The will might or might not contain a survivorship requirement and, if your uncle survived long enough, then the house vested in him... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.