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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Why would a apartment complex send out a fine through a lawyer verse the security team as usual?

Receiving a 200 dollar fine for something they just put into order. Normally fines , 30 day notices ect are sent out through security but this time they said it will be send via mail from their lawyer. When asked they wouldn’t supply a reason as to why it was being done this way

Andrew Popp
Andrew Popp answered on Jun 15, 2021

Perhaps they want additional formalities to show proof that notice was received? Without more facts it would just be guessing.

2 Answers | Asked in Estate Planning, Health Care Law and Real Estate Law for Ohio on
Q: My mom has stage 4 lung cancer. I am her only living relative. How do I plan for estate, financial, health care, etc….

This all came up sudden but my mom has stage 4 lung cancer with Mets. I am her only living relative. From a legal aspect what do I need to start doing to get her affairs in order? I am very new to this and not sure what to do. She does have a will with me as executive. She does not have a... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jun 8, 2021

You should contact an attorney who can help you set up a financial Power of Attorney and a Healthcare Power of Attorney.

That way, you can manage her affairs while she is alive.

A will only takes effect upon death.

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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for Ohio on
Q: My dad died and left me his house.. My mother is trying to take it.. Will she get it??

My dad just died on the 23rd of this month.. He left me his house and called his attorney to put it in the paper work.. My mother left him.15 yrs ago n now sleeps with and lives with another man..my dad really didnt want her to have anything.. The last 2 yrs of his life im all he had.. My husband... Read more »

Joseph Jaap
Joseph Jaap answered on May 27, 2021

If your father did not complete the paperwork to transfer the house to you, then as his spouse, your mother could inherit the house. She could file to handle his estate in probate, and could evict you and your husband. Talk to your father's attorney to find out what paperwork there is, or... Read more »

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Ohio on
Q: I lived with this man for 27 years and he just passed away his daughter is trying to take the house can she

My son is still living in the house we had it up for sale and his daughter wants us out and take it from me can she do that

Joseph Jaap
Joseph Jaap answered on May 24, 2021

If he did not have a will giving you the house, or if you are not a joint owner on the deed, or if he did not record a transfer deed or affidavit for the house giving it to you, then the house would likely pass to his spouse or children according to Ohio law. The heirs can file to open his estate... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Do the cops have the right to search a a hotel room

The hotel room was in my name I was at the store my boyfriend got arrested in the parking lot for possession when I returned from the store I was told I was being evicted in the cop search my room do they have the right to do that

Matthew Williams
Matthew Williams answered on May 19, 2021

This is actually a really complex question that requires knowledge of a whole bunch of facts not contained in your question. For example, when your right to possession of the room ended and the hotel regained the right to let the police in themselves depends upon a number of factors. The police may... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: As a seller- how far back (years) do I have to disclose ? If my basement leaked 17 yrs ago, didn’t the time I moved out

I kept up with maintenance, sealing and painting, gutters and down spouts.

Joseph Jaap
Joseph Jaap answered on May 18, 2021

There is no set time limit. All information considered important must be disclosed to buyer by seller, because if a problem develops and seller failed to disclose it, the buyer can sue seller for fraud.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Ohio on
Q: Estate buyout agreed upon in Ohio. How long before payment?

Hello,

I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... Read more »

Joseph Jaap
Joseph Jaap answered on May 4, 2021

Check the court order for timing of payments. Then talk to the other beneficiary or the attorney to work it out, or use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Why are the renters rights so limited, especially when we've done nothing wrong but be in the wrong house during a sale.

I've been renting at the same place for 7 years. There are now new owners who want to do walkthroughs while I'm still residing there. They raised my rent by $250 and want $1000 security deposit. They have now issued a 30 day notice to vacate. It's so unfair because I have nowhere to... Read more »

Andrew Popp
Andrew Popp answered on Apr 30, 2021

Look to the politicians you vote for. They are the ones that create the laws. If you are renting and the owner chooses to terminate the lease, you need to go. For assistance in finding a new place you can always hire a realtor.

Best of luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What rights do we have to take possession of our new house per contract?

We are closing on our new home and the seller has her daughter living there on a month to month lease. She gave her a 30 day notice to vacate On March 2 and again on April 1st. The contract is signed by both the seller and us that we take possession 5 days after close. If the daughter has not... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 27, 2021

If the month to month lease was recorded you would have constructive notice of the lease. As it is, you have actual knowledge that a month to month lease existed, and was terminated by giving a thirty (30) day notice of cancellation on March 2, 2021. As of April 1, 2021, the tenant no longer has... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Parent's Transfer on Death Affidavit for real estate, valid after 1 died?

My parent's real estate was in a Survivorship deed in Ohio. My father died and an Affidavit of Surviving Spouse was filed at the county Recorder's office to transfer the real estate to her. Before my father's death, he and my mother filed a Transfer on Death Affidavit for their... Read more »

Andrew Popp
Andrew Popp answered on Apr 27, 2021

A detailed look at the specific language of all the documents as well as what year they were executed is necessary to answer your question. Many subsequent TOD affidavits revoke any prior designations. I recommend sitting down with an attorney to review the situation in detail.

Best of luck.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My mom & I are on the deed to my current residence, she doesn't live here, I pay the taxes. I want to sell she doesn't.

There was a verbal contract in place to sign the house over me after my divorce was finalized. She is now unwilling to do that, and she's unwilling to sell and split the money from the sale. She made me a very low ball offer that isn't half of what the house is worth, not sure what can... Read more »

Andrew Popp
Andrew Popp answered on Apr 27, 2021

In order to advise you of what the best outcome may be, a more detailed analysis of your situation is needed. An attorney would need to review how the title is held and discuss steps to take. Unfortunately, oral agreements related to real estate are not enforceable due to a legal doctrine known... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I sold my home about a week ago. Closing is completed. Is there way to back out if sale as seller?
Joseph Jaap
Joseph Jaap answered on Apr 22, 2021

If the sale has closed, and you have delivered the deed to buyer, then the sale is completed. If there was fraud or some other legal issue in the transaction, use the Find a Lawyer tab to retain a local real estate attorney to review all the facts and advise you if there are any options to rescind... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Ohio on
Q: I’m in the middle of doing a land contract and I want a lawyer to look over it. That’s all. To make sure it’s fair
Andrew Popp
Andrew Popp answered on Apr 14, 2021

That should be very straightforward. You can use the Find a Lawyer tab on this webpage to find dozens of qualified attorneys who can do this for you. It would likely not be very costly, depending on the terms and length of the agreement.

Best of luck.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can I break my lease or sue my neighbor for continued harassment?

I am 1 of 3 people living in a duplex and I am having ongoing issues with my neighbor on the first floor about the driveway. I'm the only one who lives here who owns a car. However, for 7 years my neighbor has allowed her visitors to use the driveway when they come over. So far I have been... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 8, 2021

Landlord is not going to solve your problem with the neighbors. And your landlord does not have to allow you to terminate your lease early. But you can talk to the landlord about an early termination, and try to work it out -- maybe offer landlord an extra month's rent. Nothing makes you stay... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Loan has been in default since 2009. Have had sparse contact with anyone about this. Can they foreclose on my property?

I’ve informed them of the statute of limitations. He threatened foreclosure on the phone to me.

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 7, 2021

The statute of limitations for a claim on a negotiable instrument under Ohio's version of the UCC is 6 years. However, each missed payment restarts the statute of limitations, unless the loan has been accelerated. If the loan has been accelerated, then the lender has six years within which... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I acquire an abandoned property?

Taxes are delinquent $539.34.

All information on the owner goes back to the address of the abandoned property.

Joseph Jaap
Joseph Jaap answered on Apr 2, 2021

If you cannot track down the owner, then the county will eventually file foreclosure for unpaid real estate taxes. But that could take a long time for such a low amount - maybe years. Ask the county treasurer when that might happen. A person cannot acquire a property simply by paying its... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Will a cease and desist order help me stop being harassed by jealous, spiteful neighbors?

I purchased a fixer upper home 04/19/2019 & despite covid I have made & continuing to make major repairs, but my neighbors who aren't happy that I purchased the property & they didn't, have been making constant unwarranted complaints to the city & mayors office that keeps... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 8, 2021

Neighbor problems are difficult to resolve and can get worse if legal action is taken against them. They could do a lot of things, and it could be impossible to prove that they violated a court order. Use the Find a Lawyer tab and retain a local attorney to advise you.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: There is a house trailer located within my property boundary. Can I charge them rent or have them move it?

I purchased the property in January and the trailer was already there and occupied.

Joseph Jaap
Joseph Jaap answered on Mar 1, 2021

If there is no written lease and you want them to leave, you must follow the proper eviction process. Check your local court web site or use the Find a Lawyer tab to retain a local attorney to assist you with the process.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If myself and three others wanted to jointly buy a hunting property, what would be the process for that?
Joseph Jaap
Joseph Jaap answered on Mar 1, 2021

Talk to an attorney about forming a limited liability company to buy, own, use, and insure the property, and to draft an agreement among the owners on how they will contribute funds to purchase the land, pay expenses and taxes, and what happens if one of you wants to sell, or if one of you dies,... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: Auditor had wrong info on property record

I just had my home appraised to dispute the county auditors recent valuation. The appraiser discovered the property records had 300 square feet extra that does not exist. He measured twice after consulting the auditors info. This information has been incorrect for the 15 years I've lived here... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 23, 2021

Auditor websites typically have a disclaimer that the information is not guaranteed to be accurate. It is unlikely they will go back to recalculate and credit you any overpayment. Each county auditor in Oho just completed its revaluation of real estate, so the 300 sf might not make much... Read more »

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