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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: My dad passed 9 mths ago as per will if siblings is not agreeable property to be sold. What next

my brother state he will buy me out. But he has live in the property for 9 mths taxes is past due no insurance on house. Please help

Joseph Jaap
Joseph Jaap answered on Oct 20, 2020

If the will has been submitted to probate, and the court has appointed an executor, then the executor must follow the terms of the will and sell the property if there is no agreement among siblings. The probate court would have to approve any potential sale. The executor also must take proper... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: We signed a lease but have not moved in yet. We haven't paid first month lease amount. Are we able to get out

Leasing agent told us 1210 but they put 1220 on our lease we are supposed to move 10/24 but possibility of 10/21 if they send us new lease can we get out of it with new date?

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

You'll have to work it out with landlord. If you signed a lease, then fail to move in and pay rent, landlord can sue you for breach of the lease. Use the Find a Lawyer tab to retain a local real estate attorney who can review the lease and all the facts, and then advice you of your options... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Just bought home in HOA. They want us to remove one of the preexisting sheds. Do we have to?

We have paperwork in our closing that there are no violations at this property. Also property assessment showing two sheds. Two neighbors have said this metal shed has been there over 5 years. Do we have any legal recourse to fight this?

Joseph Jaap
Joseph Jaap answered on Oct 13, 2020

Sure, you can fight it. But the HOA can spend a lot of money on litigation to try to enforce its rules. If it has been there 5 years, then you might be able to win, but it could be expensive. Use the Find a Lawyer tab to retain a local real estate attorney who deals with HOAs to review the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I’m not in a formal lease. If I leave and my roommate tries to stay and gets evicted, will it be put on my record?

I moved in with my mom to a rental property in July of 2020. She completely screwed me after we moved in and took over the house. So I want to leave. I’m not in a formal lease. I’m just in a month to month agreement with my landlord. I never signed anything. I want to leave soon but my landlord... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 6, 2020

It depends on landlord. If landlord files an eviction, he would probably name both you and your mother, and that becomes a permanent court record that could make it difficult for you to rent from a landlord who checks. So try to work it out with landlord to avoid that.

2 Answers | Asked in Real Estate Law for Ohio on
Q: Is there a time limit for a seller to agree to repair/replace $500+ items to pass inspection

I am in process of purchasing a property. Offer made, accepted; I ordered and completed inspection within sellers requested timeframe. Two days ago my agent delivered my request to repair/replace to the sellers. I want a decision by tomorrow afternoon (Thursday) if they will or will not agree to... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 1, 2020

There should be a time limit in your contract for inspection contingencies. Ask the agent 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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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Ohio on
Q: can my husband sell our house for what we owe spitefully, rather than getting a realtor and best price?

We are splitting up. I want to be as fair as possible in everything, even though I had asked him to wait on selling the house for one year and he refused. I have a realtor coming over in a little while to see what we can do. The house is valued about $30k over what we owe so we would both get a... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 1, 2020

A husband cannot sell real estate unless a wife also signs. It doesn't matter that only his name is on the mortgage. So you can prevent the sale, unless he sells it for a price to which you will agree, and you agree on how to split the sale proceeds. If you are splitting up by divorcing,... Read more »

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1 Answer | Asked in Civil Litigation, Real Estate Law, Elder Law and Landlord - Tenant for Ohio on
Q: Any options to break a lease who can no longer stay independent due to falls, hospitalizations, etc?

After renewing her lease, my mom fell and was hospitalized and spent 4 months in rehabilitation therapy and is now in assisted living facility. Moved her stuff out and notified property manager of the situation via email and offered to work with them on scheduling and key return while moving her... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 1, 2020

No, that does not give an option to break the lease. Tenant is responsible for the rent for the full term of the lease until its expiration. If rent is not paid, landlord can sue for the rent, minus any rent landlord collects from a new tenant.

2 Answers | Asked in Real Estate Law for Ohio on
Q: i sold a house for 25000 dollars i got 4900 dollars i was told the money went into escrow was i suppose to get that back

it was a water bill lien on the house but no mortgage or a tax lien.

Joseph Jaap
Joseph Jaap answered on Sep 29, 2020

You'll have to check with the title company or escrow agent that handled the closing to determine the terms of the escrow and obtain an accounting of funds in the escrow account and any amount used to pay the water bill and any other unpaid claims against the house. Or use the Find a Lawyer... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: My slum landlord sold the House property . Three months later we still live there then move out on good terms with the

new landlord. . who we were never introduced to by the old. After we move he is trying to sue for back rent we owed before he sold the property. We only ever signed a first year lease. Never signed a month to month. Can he do that?

Joseph Jaap
Joseph Jaap answered on Sep 28, 2020

Yes, he can sue you. He will have to present evidence in court of the prior lease and your failure to pay the agreed rent amount.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: My landlord as consistently doing showings during covid.

I have 2 children 1 that may be high risk . She is also making me remove my dog from the premises for showings.Can I refuse entry to protect me and my family?

Joseph Jaap
Joseph Jaap answered on Sep 25, 2020

Ohio law allows landlord to do showing after giving reasonable (24 hour) notice. But there isn't anything landlord can do to force you, if you refuse for health concerns. but landlord could file an eviction. Try to work it out with landlord.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: Does Ohio protect in home daycare businesses from HOA community bylaws?

Daycare is not licensed

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

Some HOA declarations and bylaws prohibit conducting a trade or business in the home, and those restrictions can be valid. Use the Find a Lawyer tab to retain a local real estate attorney who can review the HOA and advise you.

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Small Claims for Ohio on
Q: Im renting in ohio. An i allowed to deny a house showing if the realtor doesn't give me a 24 hr notice?

I'm technically in Lorain County. My landlord is cool but the realtor is now getting angry with my bf and I cause we were out of town for a showing that he failed to give a 24hr notice for. He's done it multiple times now and we have pets. What drew the line for him is when we refuse to... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 18, 2020

The realtor has no legal rights and cannot require you to do anything. You don't even have to talk to him if you don't want to. You certainly don't have to leave the key in the box. Ohio law requires a landlord to give reasonable (24 hour) notice of having someone come in for an... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Does a Line of Credit affect Property Split?

I purchased my house before being married in the state of Ohio. Under Ohio law if a divorce were to ensue I would still be legally entitled to the house other than the equity that has been gained since the marriage. My question is if I take out a line of credit in which the spouse does need to sign... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 17, 2020

If you take out the LOC, then the court could deduct that amount from any other assets you receive in the divorce. Use the Find a Lawyer tab to consult a local family law attorney who can review all the facts and advise you.

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Securities Law for Ohio on
Q: Apartment manager decided to do a “wellness check” without telling us.. there is a lot more.

Manager entered our apartment with any form on contact before doing so while my wife was asleep naked and daughter was sleeping. Got to the bedroom door before announcing himself and my wife freaked out and tried to cover up as quickly as possible, he proceeded to stand there and stare at her while... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 16, 2020

You can file a police report, but they are unlikely to do anything. You could sue the apartment owner for trespass. Talk to the owner about the manager's unauthorized entry. Put an interior lock on the door.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Hello, currently I am in bind with my leasing office. Its about a lease they say we signed but we didn't.

Our leasing office came over one morning unannounced disccusing with us possible options on place they had available that was larger then where we were. So they came over with the paper work for us to sign to lock in the price. With that they also said it wasn't a lease and that we can opt out... Read more »

Warner Mendenhall
Warner Mendenhall answered on Sep 15, 2020

Attorney's need to see what you documents you are referring to to give you an opinion. It sounds like it is a rental agreement that requires you to give 60 days notice before leaving. If you did not sign anything you could give them 30 days notice and leave.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: If you are evicted and owe back rent in Ohio is the landlord still required to send an itemized list within 30 days?

Please see Ohio Revised Code 5321.16 Procedures for security deposits. As far as I can tell from reading the law it seems landlords are required to send an itemized security deposit list regardless of whether or not there is back rent owed. Can you still collect damages if they fail to provide the... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

Yes, but you're only entitled to double damages and fees if you sent them a request for the deposit and gave a forwarding address. If you did that then you could have a case.

1 Answer | Asked in Real Estate Law and Estate Planning for Ohio on
Q: My grandmother had a will leaving all 4 of her children her house. My father has passed does his share go to his kids?

My half siblings are splitting the money between them and not giving me anything. Can I sue for my half? What kind of lawyer do I get?

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

It depends on what the will says. Usually, there is a provision saying that if someone predeceases the decedent, that their share goes to their children evenly. That's the default rule anyway in Ohio if the will is silent on that. If either of those are true then you should be sharing evenly... Read more »

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... Read 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... Read 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.

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