Property Distinctions

Question 1

What is statutory period for AP?

Answer 1

21 years

Question 2

What type of recording state is Ohio?

Answer 2

Pure notice

Question 3

What type of mortgage theory is Ohio?

Answer 3

Lien theory

Question 4

What can LL do when tenant does not leave at end of lease?

Answer 4

Treat tenant as trespasser; file forcible entry claim.

But if tenant dissents to being charged higher rent, tenant is only liable for the reasonable value of his use and occupation of premises OR for trespass damages.

Question 5

What duties does LL owe to tenant?

Answer 5

1. Compliance with building, health, safety codes;
2. Keeping common areas in safe condition;
3. Making all repairs reasonably necessary to keep premises habitable; AND
4. Only enter premises when permitted.

Question 6

Explain LL’s liability and negligence per se.

Answer 6

LL can be held liable for negligence per se violation of building, housing, safety, or health code.

But LL will be excused if he didn’t know or had now reason to know of violation.