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Ohio Real Estate Law Questions & Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Foreclosure for Ohio on

Q: I lived with my fiance for 12 yrs. and he passed away on May 31. His house is in mortgage and they want their money.

I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.

Taylor P Waters answered on Aug 22, 2019

That depends, there are a few ways to delay foreclosure and hold the bank off depending on where you are in the process. It would be difficult to answer without more information.

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1 Answer | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Ohio on

Q: Renting in Ohio, landlord did not disclose mouse infestation and mold before leasing. Can I break my lease early?

Been dealing with mouse infestation since moving in to house in November 2019. Landlord admits to issues x 12 years with pest control and bait stations around the house to keep "in-check" however we continue to catch mice in regular traps and have droppings in drawers and on the floor. I have to... Read more »

Taylor P Waters answered on Aug 21, 2019

Likely, yes. As part of the landlord tenant act, landlords must do the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the... Read more »

2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Ohio on

Q: I own both a car and house with a girl, we are not married. If I die will she take full ownership or do I need a will?

We live in Ohio and I’m not sure if I need to make a will and leave my half of these things to her, or if the intestate laws will guarantee she gets full possession of the house and car? I don’t want my family trying to claim half of these items if something happens to me.

Moshe Toron Esq answered on Aug 20, 2019

If you own an asset together and the title contains the words " joint owners, with rights of survivorship" then the asset would pass to the other person automatically upon the first to die.

Otherwise, you need a will that names your girl friend.

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2 Answers | Asked in Contracts and Real Estate Law for Ohio on

Q: My condo asstn. has been misappropriating funds & or ignoring request for audit info for years. Do I have any recourse?

My condo association has used scare tactics and harassing tactics to squeeze money out of homeowners. Some have filed bankruptcy not not knowing the management company that has been receiving payments for the last 13 years, has been cancelled by the state. Yet they have still used a law firm to... Read more »

Bruce Martin Broyles answered on Aug 16, 2019

The articles of incorporation are often cancelled for failure to pay annual fees. The corporation can have the articles reinstated and ratify the conduct by a shareholder's meeting. As a shareholder, I believe that every owner is a member of the association, you are entitled to receive the... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on

Q: Is there a limit on how much early lease termination fee a landlord can charge in Ohio?

My tenant wants to end the lease early by five months (rent is $1300). I don't have an early lease termination clause but want to work with the tenant. Without me asking, they offered $3500 and forfeiture of their security deposit ($1500) to end the lease early (we would do this in writing).... Read more »

Joseph Jaap answered on Aug 15, 2019

There is no limit set by law. It is whatever the landlord and tenant agree for the early termination.

1 Answer | Asked in Real Estate Law, Environmental and Insurance Bad Faith for Ohio on

Q: If a neighbor did major work next to your property line to run storm water pipes on to your property should you be told

And to find out the neighbor had been plotting this move for over a year after the head of soil and conservation advised neighbor not to block the watercourse THATS been their for 100+ years so the neighbor gets a permit to put in a WMSC and now we are getting all of the pollutions from the... Read more »

Bruce Martin Broyles answered on Aug 15, 2019

Your neighbor cannot alter the course of the natural flow of water onto your property. The permits and zoning do not determine whether he has a right to adversely effect your property. You have rights that should be enforced through a complaint for trespass and request for mandatory injunctive... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: I’m in the cleveland area. I just received a 3 day notice today. Will all be forgiven if I pay in full today?

Joseph Jaap answered on Aug 13, 2019

After being given a 3 day notice, landlord can refuse to accept any rent payment, and can proceed to file an eviction. Try to work it out with landlord to avoid having the eviction filed, because that becomes a permanent court record, and can make it difficult for you to rent from a landlord who... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Ohio on

Q: home is under contract. just found out have to repair septic at min $15,000. can I get out of sales contract as seller?

Joseph Jaap answered on Aug 12, 2019

It depends on how the inspection contingency is written in the sales contract. Try to work it out with the buyer, 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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1 Answer | Asked in Real Estate Law for Ohio on

Q: How is a manufactured home valued for loan purposes if the county has it recorded as real property?

It is on a foundation so the title was surrendered in lieu of a deed. The tax dept says its real estate but the appraiser says its a trailer basically which under values it by about $40,000. How or can we change the way they value the house?

Bruce Martin Broyles answered on Aug 11, 2019

once you surrender title the auditor should describe it as real property and you should no longer be taxed as personal property. show this information to the appraiser

1 Answer | Asked in Real Estate Law for Ohio on

Q: How does a Vendor enforce a Land Contract when Vendee fails to pay real estate taxes?

Land contract states: "Real estate taxes shall be the responsibility of the Vendee as of the date of the execution of this agreement. Said taxes shall be escrowed and added to the principal and interest payment required hereunder." Vendee has not paid anything toward real estate taxes, although... Read more »

Bruce Martin Broyles answered on Aug 9, 2019

Ohio has a very specific statute for Land Installment Contracts; R.C. Chapter 5313. If the land installment contract has been in effect for less than 5 years or the purchaser has paid less than 20% of the purchase price, you may proceed by giving a notice of forfeiture. This notice places the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: Is it legal in the state of Ohio to sign two lease ?

Joseph Jaap answered on Aug 9, 2019

A person can sign as many leases as they want. They have to pay rent on each one. But if the lease requires them to occupy and not leave it vacant, and they don't occupy it, then the landlord can evict them to terminate the lease.

1 Answer | Asked in Real Estate Law for Ohio on

Q: Can a Corporation buy a Condo in a Family Housing Unit?

Joseph Jaap answered on Aug 1, 2019

A corporation is a legal entity which can own real estate, including a condominium unit. The Condominium declaration and by-laws might have restrictions on such ownership. Contact the condominium board of directors, or use the Find a Lawyer tab to retain a local real estate attorney to review the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: If we submitted a deposit equal to our monthly rent and signed a year lease does our deposit accrue interest?

Our deposit amount was $1950 and we lived in the house for two years (signed two 1-year leases)

Bruce Martin Broyles answered on Jul 30, 2019

5321.16 Procedures for security deposits.

(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or...
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1 Answer | Asked in Real Estate Law for Ohio on

Q: Can a landowner be ordered to survey land?

I had my property surveyed he is trying to claim it and saying my property is elsewhere

Joseph Jaap answered on Jul 30, 2019

A court could order the landowner to permit it, as part of a lawsuit to properly establish boundary lines and property ownership. Use the Find a Lawyer tab to retain a local real estate attorney to review the facts and advise you.

1 Answer | Asked in Real Estate Law for Ohio on

Q: Can a land owner be ordered to survey his property's?

I've had my property surveyed other land owner is claiming my land is elsewhere. Although his property has not been surveyed and resold numerous times he is claiming my surveyor is wrong

Matthew Williams answered on Jul 30, 2019

If there is a legal dispute, a lawsuit over the matter, the court may order both land owners to have their properties surveyed. Absent a legal dispute, a neighboring landowner has no right to order you to survey your land.

1 Answer | Asked in Real Estate Law for Ohio on

Q: Would I be liable for back taxes if I file to be the executor of my brothers property. He had no mortgage that I know of

The property is decrepit falling in no value at all but has back taxes owed. How can I become executor.

Joseph Jaap answered on Jul 29, 2019

The estate would be liable to pay real estate taxes. If the property has no value, and he had no other assets to transfer, you have no obligation to file with the probate court, and have no liability to pay the taxes. Eventually, the house would go to tax foreclosure sale. Use the Find a Lawyer... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: Do they automatically take control of his property. He died I cleaned up the mess and house and that’s it .

She has never went through the court to have it in her/ their names. Just closed the door and it sets there falling in

Joseph Jaap answered on Jul 29, 2019

Nobody automatically does anything to transfer a house when a person dies. If the person who died had a will, then the person named as the executor should file it with the probate court. If no will, then a family member can file with the probate court to be the administrator of the estate. If... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: Brother died 2012 he has two kids neither took control of anything. House is falling down back taxes owed.

Village wants to use a grant to tear it down for safety reasons. His kids will still own the property. Tried contacting the oldest and they don’t want nothing to do with it. Can I as a brother do anything.

Taylor P Waters answered on Jul 29, 2019

No, if they own the property then it is their property to dispose of. If they're truly not interested in doing anything with it, they might be willing to deed it to you and then you can take care of it. The backed taxes will follow the property, however.

1 Answer | Asked in Real Estate Law, Small Claims and Family Law for Ohio on

Q: Can you evict an ex when they are not on deed or mortgage? I had to move she’s still there but it’s my house??

My husband to be was battling a DV case for about a year, he has now Been found not guilty. His ex has been living in his house the entire time while he has been paying the bills of course. The house is solely in his name, the deed and the mortgage. How do we get her out, we keep asking his lawyer... Read more »

Taylor P Waters answered on Jul 29, 2019

Was she an ex-wife or an ex-girlfriend? If she was an ex-wife, the question is much more complication. If she's an ex-girlfriend, you need to follow normal eviction procedures.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on

Q: Does a landlord have to provide safe and healthy for all tenants if one of the neighbors is a hoarder

There's 8 apartments 1 of them is a hoarder that has rats roaches bed bugs p

she's been evicted 10 times has lived there at decade and they won't a

Evict her for late payment of rent they keep letting her stay here and people are getting sick from all the insects bed bugs mice and... Read more »

Taylor P Waters answered on Jul 26, 2019

Yes. Under ORC 5321.04 (A)(1) and (3) a landlord must (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety and (3) Keep all common areas of the premises in a safe and sanitary condition.

You could probably...
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