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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: Hi. I live in my deceased parents home. I paid an attorney to probate their estates and the house is now in mine and

My three siblings name. The siblings do not want the house. The lawyer wants 200 more to put the deed in just my name. I've read in Ohio that a quit claim deed can be easy in this situation. Can I do this myself? Also once it's in my name how will I be informed about the property taxes... Read more »

Joseph Jaap
Joseph Jaap answered on May 21, 2020

You could try to do it yourself, but if you make a mistake, it could cost you thousands of dollars later to correct it -- just to save a bit of money now. Have the attorney prepare the deed.

1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: Grandfather passed away and didn't leave his 2 properties to anyone.

Other family members and myself are going through probate court now, and I'm residing at the property. I have to leave state and wanted to know if there away I can have a friend handle all affairs regarding the property?

Joseph Jaap
Joseph Jaap answered on May 20, 2020

The probate court will appoint an executor (if he had a will) or an administrator (if he did not) to handle the estate. That is the person who should handle the property. Or that person can hire a property manager to do it. Ask the attorney assisting with the estate about it, or if there is no... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In mansfield Ohio doesn’t the property owner have the right to maintain fence line between my fence and neighbors fence

Neighbor put up fence no survey was done no zoning permits pulled per conversation with mike at city’s codes and permits

Joseph Jaap
Joseph Jaap answered on May 18, 2020

The property owner has the right to maintain its own property. Obtain a survey to determine exactly where the boundary is and if the fences are placed properly or violate local zoning setbacks or other requirements. Provide that information to the city. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Ohio on
Q: A seller's agent contacted my loan officer without permission even though he was provided a preapproval letter
Joseph Jaap
Joseph Jaap answered on May 15, 2020

Agents tend to follow up on timing and progress of the loan process, especially now, with so much disruption because of the virus lockdown. If the loan officer gave your personal info, switch to a different lender.

1 Answer | Asked in Intellectual Property and Real Estate Law for Ohio on
Q: I purchased a property in 2011 which I believed to consist of 8 lots. Recently discovered we may not own 2

I recieved the survey showing all 8 lots. But recently I discovered the the county auditor shows we do not own the 2 lots in the middle of our back yard. I checked the deed and they are not on the deed but they show on the survey. There is no way for the person it says owns them to access them what... Read more »

Joseph Jaap
Joseph Jaap answered on May 12, 2020

If your contract was for the purchase all 8 lots, and you paid for all 8, how did 2 get omitted? Was it a mistake in the deed preparation? What did your 2011 purchase contract say? Did you obtain owner's title insurance when you purchased the lots? Are the auditor's records correct?... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I signed a lease agreement electronically in Ohio and never received a completed signed lease back. Is that binding?

Thank you for your advice. Since I never received a signed lease back from the landlord, i want to cancel this lease at this time. Landlord said I cannot. Is that legal?

Thank you.

Joseph Jaap
Joseph Jaap answered on May 5, 2020

Electronic execution is valid if done properly, so the lease would be valid and binding. Ask landlord for a copy.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I'm a landlord in Ohio. My tenant has told me last month that he didn't want to abide by lease terms due to covid19.

He is supposed to have a lease through June 30th and the lease spells out that the security deposit shall not be used as last months rent. He wants to use security deposit for May rent and move out a month early, because he found a house that he's buying. He also stated his wife lost her job... Read more »

Joseph Jaap
Joseph Jaap answered on May 5, 2020

OH court activity is suspended in Ohio. You can file an eviction complaint with the court, but an eviction hearing might not take place for a couple months. If tenant moves out sooner, that won't help you. But an eviction filing is a permanent court record that can make it difficult to rent... Read more »

1 Answer | Asked in Animal / Dog Law and Real Estate Law for Ohio on
Q: In Ohio, what can be done about my neighbors aggressive dog?

My neighbors dog is causing us and our dog to lose the enjoyment of our property. It constantly attacks and jumps on the fence in a menacing fashion or an apparent attitude of attack. Our dog is becoming more and more afraid to go out and is causing "accidents" in the house. Her 4 foot... Read more »

Joseph Jaap
Joseph Jaap answered on May 3, 2020

As you have learned, local ordinances and animal control are usually not much help. You can try talking to your neighbor, but neighbor problems are difficult to resolve, and can get worse if you take action. Use the Find a Lawyer tab to retain a local attorney who can advise you of options.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Ohio on
Q: my father has died. is it necessary in the state of Ohio to have an attorney in order to sell his home.

i have an attorney but am considering firing him. i just want to know what my options are for selling the home and resolving his estate. i have been appointed the executor by the court already.

Joseph Jaap
Joseph Jaap answered on Apr 29, 2020

It is not necessary to have an attorney, but if you are the executor, and make mistakes, you could be legally and financially liable. Talk with your attorney about the situation. Or use the Find a Lawyer tab to talk to other local probate attorneys.

1 Answer | Asked in Real Estate Law, Civil Litigation, Environmental and Land Use & Zoning for Ohio on
Q: I live on Chagrin River where they dredge & i believe under mining. It has caused landslides. Who is responsible?

My property is slowly falling in the river. Some say its erosion but it happens everytime they dredge. Usually within days. I lost 20% of land including trees, shrubs and now my patio!

Tim Akpinar
Tim Akpinar answered on Apr 27, 2020

I'm sorry for your ordeal. These could be difficult cases because of the expert testimony involved. Contact environmental/land use attorneys in the area, and find out if nearby waterfront residents are experiencing similar phenomena. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Ohio on
Q: Is their any ordinances not allowing people from out of town to move in to a new rent house in trumball county Ohio.

Right now because of Covid-19

Joseph Jaap
Joseph Jaap answered on Apr 27, 2020

Ohio is under the emergency orders from the governor to stay at home and to self-quarantine. It is unlikely that any local governments have passed specific virus-related ordinances -- but they could have. Use the Find a Lawyer tab to retain a local attorney who can check for local ordinances.

2 Answers | Asked in Real Estate Law for Ohio on
Q: Can you still get evicted ? No matter what the situation is. During the virus out break? In wooster ohio
Joseph Jaap
Joseph Jaap answered on Apr 27, 2020

Evictions can still be filed with the court, but eviction hearings and many other court activities are currently suspended in OH. When courts re-open, the hearings will resume, and you could be evicted then. An eviction is a permanent court record that can make it difficult for you to rent from a... Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: The leasing office undid a signed renewal to change monthly rent amount. Is that legal?

I signed and submitted the renewal contract. A week later they undid the signed renewal and increased the rent amount. They said the amount in the contract was not correct. This seems illegal. If I wanted to void the contract a week after signing, there would be a penalty. How can they modify it if... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

If you signed the renewal first, and landlord hadn't signed the renewal, then landlord could decide not to sign it, and instead, change the rent amount and send you a revised renewal to sign. But if you and landlord both signed the renewal, and then landlord came back and changed it, then... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I signed a contract to purchase a home there was a disclosure issue and now I want out.

When we viewed the home there was mention on a disclosure form of a minor structural issue that had been repaired and had an accompanying engineers letter and warranty with it. Before signing the contract however I was not able to see that document. During the inspection I walked with the inspector... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 19, 2020

Do not listen to your agent. You purchased the house subject to a successful inspection. It failed the inspection. You can now rescind your offer.

2 Answers | Asked in Real Estate Law for Ohio on
Q: I live in ohio. I just signed a contract to purchase a home and want out due to failure to fully disclose information.

There is damage to the foundation, a limited disclosure was presented at the showing with realtors paperwork. However before signing the contract I was not able to view the engineers report which most certainly would have changed my mind. There was also no disclosure about simular damage in a... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 18, 2020

Talk to seller and real estate agent and ask for mutual termination and release. If seller does not agree, use the Find a Lawyer tab to retain a local real estate attorney to review and advise you.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: my roommate is asking for rent. if I don't pay it says he's throwing all my stuff out on the street and towing my car.

I've been out of town for medical reasons and then the coronavirus the last month. I'm also not on the lease.

Joseph Jaap
Joseph Jaap answered on Apr 18, 2020

If she does that, it would be an unlawful eviction, and you could sue her for the value of the things she throws out and towing charges.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Can a property owner revive a default judgment that a management company won and they were not listed as a plaintiff?

The issues are as follows:

1) property management company won a default judgment against in Jan 09,me while I was incarcerated (from July 2008-Oct 2014)

2)in 2015 the lawyers for the plaintiff revived the judgment

3) the plaintiff on the judgment claims they did not request... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 18, 2020

More importantly, if you were incarcerated at the time the lawsuit was filed, Plaintiff probably did not properly obtain service upon you and the judgment would be void.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I am being required to tie into a new sewer. I live approx. 450 feet from main. See O.R.C. 6117.51 sec.D Do I have case?

I live in Strongsville, Ohio. I was told by Board of Health that ORC 6117.51 doesn't apply because project overseen by City Council rather than Board of County Commissioners. This seems irrelevant to me, because purpose of ORC 6117.51 D is that residents living in excess of 200 ft. are saddled... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 17, 2020

This web site cannot answer such questions - there are too many facts that are required, beyond what you stated, to be able to answer. And if you might have to pay $42,000, you should retain an attorney. Use the Find a Lawyer tab to retain a local real estate attorney who can review all the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: so I am not on the lease but I currently live with a couple people in Toledo.

I am currently out of town for medical reasons and my roommates threw out my bed saying it smells.

Joseph Jaap
Joseph Jaap answered on Apr 17, 2020

You could sue them in small claims court. Check the court web site for the process. But courts are currently suspended because of the virus.

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: im looking for a lawyer who has experience in working in the mortgage overage arena. can someone assist me.
Troy J Doucet Esq.
Troy J Doucet Esq. answered on Apr 17, 2020

Please contact Doucet Gerling at (614) 221-9800.

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