Legal Question in Real Estate Law in Ohio
In July 2011 we had help from a company called Master Home Solutions with an Erin Dykstra being our go to person to help find the right family to purchase our home in a rent/lease to own home agreement. The original lease had stated that the tenant(s) would have until July 2015 to either opt in or opt out of the purchase. The lease was good until July 2013 at which point both parties home owners and potential home buyers accepted a month to month lease with the same stipulations as the original lease. When the tenants moved in the home was very clean, freshly painted with little to nothing wrong with it. Now 4 years later they are still unable to secure a loan and we the home owners decided we need to try and find another buyer because it is getting harder for us to maintain 2 properties even though the tenants were taking care of all maintenance and repairs. The decided to move out and a walk through of the home was done and the home is in very bad shape even though we were told there is nothing wrong. My question is this - What are my legal options to have the tenants fix the issues in the home that they are responsible for?
Residence is in Parma, Ohio
1 Answer from Attorneys
Dear Troubled Owner: The decision as to your remedies may be most dependent upon your specific lease or offer to purchase, etc.. What were the specific provisions in the lease? Were there provisions for damage to premises? Verbal agreements, outside of the written, signed terms, do not count.
It has been said that an unwritten agreement isn't worth the paper it isn't written on!
In all fairness, you amy be entitled to recover the reasonable cost of repairs, and rehabilitation, and loss of sales opportunity; however, are the former tenants collectible?
Consult and retain an experienced Attorney ASAP. Good luck.
Sincerely,
J. Norman Stark
***
WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE
J. NORMAN STARK, ATTORNEY*
ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue Cleveland, Ohio 44115
(216) 531-5310 x7100 Cel: (216) 310-1700 Email: [email protected]
*Author: The Construction Claims Investigation Worklist�
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