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Ohio Real Estate Law Questions & Answers
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... Read 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... Read 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... Read 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... Read 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Q: How difficult is it to have a shared driveway/easement rescinded?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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can I deduct a % of my payment because the backyard landscape of the property has not been finished after 3 months?

I have moved into the property 3 months ago and the landscape was not done and is still not done today. I made all the monthly payments in full so far, but due to not being able to use the property appropriately I would like to deduct 10% of each monthly payment until the landscape is finished. I... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 27, 2020

If you don't pay in full, then they can take legal action against you for collection. Work it out with them, or use the Find a Lawyer tab to retain a local attorney to advise you.

1 Answer | Asked in Real Estate Law for Ohio on
Q: What does this statement in my deed mean (omitted names, page #s, etc):

I bought a property and the neighbors are claiming they have an easement further into our property than we were made aware of. The easement in several places of the deed reads as being “18’ wide easement from south line of 10acre tract.” Then at the very end of the deed is this statement,... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 27, 2020

Whether or not you were "aware," does not matter. Your property is subject to the terms of the recorded document that established the easement. However, sometimes there is sloppy drafting when an easement is created, which might be true here. A "call" is the distance and... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Hello, I moved in with a friend 6 months ago and shes been telling me shes gonna have me put on lease, we have been

Paying rent and half the utilities even though our nams isnt on anything. I have multiple people who can say we have been living there. Well we recently found out that they arnt adding us and they are breaking there lease and moving. I was wondering if by law if they are just allowed to kick us... Read more »

Matthew Williams
Matthew Williams answered on Jul 24, 2020

They would need to evict you.

1 Answer | Asked in Real Estate Law for Ohio on
Q: House has a previous land contract but buyer vacated and stopped paying, how do I get a title if I buy the house?
Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 24, 2020

The current owner needs to terminate the land installment contract. If the land installment contract has been in existence for more than 5 years, or if more than 20% of the purchase price has been paid, then the current owner must bring a foreclosure action. If less than 5 years, the contract can... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I've paid mortg for 7 yrs on mortg in my deceased mother's name.deed in sisters name. What are my rights to the home

I want to purchase the home , can I do it without my sister being involved? I've been living in the home maintaining it and paying the mortg for 7 years

Joseph Jaap
Joseph Jaap answered on Jul 24, 2020

If only your sister's name is on the deed, then it is her home, and you have no rights to it. Use the Find a Lawyer tab to retain a local real estate attorney to review the deed and advise you regarding the purchase, if your sister is willing to sell.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can my husband sell a property without my signature?

He and his brother own a house jointly. I am not on the deed but they got the property after we were married. Now they are trying to sell it and I do not want to sell. Can I stop the sale?

Joseph Jaap
Joseph Jaap answered on Jul 16, 2020

Ohio recognizes dower rights of spouses, so you must sign the deed to release your dower rights, and they will be unable to sell unless you do that (assuming they have a buyer that knows that). If they both sign a deed without you, you still have a claim to the property against the buyer. You can... Read more »

2 Answers | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: Can a property manger or reality company be sued for lack of property maintenance?

Leaky, molded hole in ceiling. Faulty wiring, rodent infestation

Troy J Doucet Esq.
Troy J Doucet Esq. answered on Jul 16, 2020

As a general answer: each city has its own rules about maintenance, in addition Ohio's statutory and common law requirements. Many tenants with apartment issues have found assistance with their city's code enforcement division, who can mandate changes to comply with the code. Other... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I own my home. My elderly Mother lived with me until her death. Do her items belong to me or life insurance beneficiary?
Joseph Jaap
Joseph Jaap answered on Jul 15, 2020

Her life insurance beneficiary is only entitled to the proceeds of the life insurance policy, which can be collected by the beneficiary providing a death certificate to the insurance company and proof of identity. Any other assets and belongings pass according to your mother's will, or... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Our deed was fraudulently transferred. The criminals have since been convicted. We have yet to have the deed returned.

This happened over 2yrs ago and the title office and everyone else has given us the runaround. The property has since taken on extensive damage due to vandalism ect.. What should be our next steps. Would the county be at least partially responsible for damages? The criminals were ordered almost... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

If the original court proceeding found the transfer to be fraudulent, you can use that to seek a voiding of the transfer. You may need to file a complaint for declaratory judgment and quiet title.

2 Answers | Asked in Real Estate Law for Ohio on
Q: I have been occupying the house that my husband won in our divorce for almost 30 years and he never had deed switched

Both of our names are on the land contract. Very soon after our divorce, he skipped town, letting me and my son stay on the property. I paid house payments, insurance, and taxes. But the deed is still in the previous owner's name. Now almost 30 years later he's back to "take care of... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

It doesn't make sense that the title hasn't transferred. Have you contacted the seller on this? You may be able to negotiate a sale to you directly, since you were the sole payor.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I am selling my house (pd in full) to my niece for 100,000 waiting on appraisal est. 115,000 what documents do I need

She is working with a mortgage co and she is paying all closing costs?

Other than the proper documentation- what else should I have?

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

It sounds like it will appraise no problem, so that should not be an issue. Your niece's loan officer will want an appraisal for the mortgage company, but they should handle the closing/title insurance/tax escrow, etc. The loan officer will not talk to you, so ask your niece if anything else... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: I bought a house before being and now want to refinance after I’m married. I am not adding my husband to the title.

* before being married

I am also not adding his name to the loan but the title agency says he had to be at closing to sign a “marital interest” sheet or we can’t continue. Why if it is in my name, and he has nothing to do with it? How do I get around this?

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 8, 2020

As a spouse your husband has a dower interest that springs to life upon your death if you are still married.

Your spouse must make his dower interest subordinate to the mortgage

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