Ohio landlord tenant law encompasses several areas regarding real estate matters. The primary focus of tenant law, are issues that are related to the leasing and rental of residential and commercial properties. One specific area where disputes commonly develop is with Covenant Conditions and Restrictions, or (C.C. & R.'s). A CC&R is a restrictive condition that is prescribed to a property which declares specific rights that the covenantee (person that makes the condition) desires for the use of the property. If the covenantor (person who accepts the condition), does not abide by the conditions of the covenant, then the covenantee may wish to bring about a suit for damages against the covenantee for a breach of the CC&R.
Landlord tenant law deals with matters relating to the use of residential and commercial property. Other legal matters that may develop from rental and leasing agreements may be:
- Recovery of Possession
- Remedies for Abuse of Access
- Limitation of Liability
- Security Deposits, Prepaid Rent
- Prohibited Provisions
- Separation of Rents
- Obligations
Every state has specific laws regarding the governing of residential and commercial properties. The CC&R is usually applied to a property title and if the covenantor does not abide to the terms of the agreement, then the remedy could be the forfeiture of ownership to the covenantee. In most cases, the courts are not inclined to revert real property to the owner over disputes and therefore interpret the case as a covenant so that an infraction may be enforced.
When there is an exception for a CC&R on a property title, then the individual that is in charge of reviewing and examining the title, needs to carefully review the conditions of the title to ensure that there is a clear understanding of the limitations that are imposed to the use of the property. In the event that there are clauses that prohibit development, and there are developments on the property, the covenantor may be liable for damages that they were not aware of.
Do you need a lawyer that is trained in Ohio landlord tenant law?
Contact the law office of J. M. Tomb Law, LLC to discuss your Ohio landlord tenant law matter today.