Legal Question in Landlord & Tenant Law in Ohio
Hello,
I am selling an owner occupied duplex in ohio. The house is currently pending and will close in December. The buyer is eager to move in and asked to move in early and to rent/lease the side from me. We have worked out the payment terms, but I do not want to be their land lord (as I am currently am to the other side of the house until it closes). I want to make them responsible for any repairs or issues they may come up in the time they are renting on their side of the house (none are foreseen, but want to be safe since it will be their house shortly.) Under ohio law am I able to but this clause in a rental agreement?
1 Answer from Attorneys
In Ohio, the law will not honor a clause in the lease agreement under which you delegate your duties to a residential tenant. You can still put the lease in the agreement though, and perhaps they will not know any better and not attempt to enforce their rights. But if you suspect that they are savvy operators, this would be a way for them to force you to make repairs that were not contracted for in the sale.
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