Legal Question in Landlord & Tenant Law in Ohio

I recently bought a property that was already occupied. The occupants defaulted on a land contract with the previous owner. I tried to come to an agreement with them so they could stay in the house but was unable to. In Ohio I am required to serve them with a 3 day notice to vacate the properrty but I am unsure of how to state the 'grounds' for eviction on the 3 day notice. I have no formal lease or rent agreement with the occupants.


Asked on 3/31/12, 10:21 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, your grounds for eviction would be for the fact that they have been holding over beyond their lease term. Further grounds would be because of a breach of the land contract if they are not paying on that. When you purchased the home, you stepped into the legal shoes of the previous owner, so you have the duties under that land contract to uphold and the benefits of receiving the benefits of it. If they are failing to pay, then there is a basis.

The tricky thing about kicking someone out for breach of a land contract is the fact that if they have been there for more than three years or if they have paid more than 20 percent of the purchase price of the home, then you cannot evict them, but rather you must terminate their interest in the home through a foreclosure.

If you need help with this, you can ring me at 614.580.4316 or email me at [email protected].

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Answered on 4/01/12, 6:36 am


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