Ohio Lease to Own for Commercial Property
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How to fill out Lease To Own For Commercial Property?
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FAQ
If you are looking for rent-to-own properties in Ohio, understand the legal steps you will take to move into a home. There are two key types of rent-to-own properties: With a lease-option agreement, buying the house after your rental period is up is optional. You can walk away from the house entirely.
In Ohio, the buyer of a rental property has to honor the written lease between the previous owner/landlord and the tenant. Even if no lease exists (e.g., verbal lease), Ohio law presumes the tenant is on a month to month tenancy. In that case, the new owner must give proper notice to end that month to month tenancy.
While land installment contracts must strictly follow the Ohio statute for such agreements, courts have been known to hold that a lease with purchase option is really a land installment contract if the facts of the case and intent of the parties warrant that interpretation.
It is not generally advisable to lease a commercial property without a written agreement. Issues typically arise when the landlord is looking to sell or take possession of the property and evict the tenant.
How long is a typical commercial lease? Commercial leases are typically three to five years. That guarantees enough rental income for the landlords to recoup their investment.
Commercial leases are legally binding contracts between landlords and commercial tenants. They give tenants the right to use the premises in a particular way for a set period for an agreed rent. Your lease will establish your rights and responsibilities as a tenant, as well as those of your landlord.
Commercial leases in Ohio must be in writing and signed (See Ohio's Statute of Frauds- ORC Section 1335.04), and, they must be acknowledged (e.g., notarized) when their terms (duration) exceed three (3) years (See ORC Section 5301.08; ORC Section 5301.01).
A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.
A lease option allows the landlord to retain the legal title of the lease option property, without the mundane management responsibilities. Lease options are also an ideal way of securing long term tenants. Most lease-options are for an average term of between 7 and 10 years.
According to state and local housing codes, your landlord is legally required to give you habitable housing that is secure and livable. If you are dealing with less than this standard, Ohio law says you can break your lease for all practical purposes when they offer a home too unlivable to use.