Landlord wants to switch my lease to a “Land contract” to “get back at the city”If no prior contracts have been signed, can a landlord make tenants sign after a week of tenancy?I didn't get my portion of the damage deposit back and some other roommates did, and no reason was givenWhy are residential leases so much in favor of the landlord in the US?In a rental, can a landlord remove a person from the lease and return their deposit?Can a landlord break lease for city code enforcement renovations in CA?UK tenant no contract wants to leave earlyCan a renter retake posession?Does the property manager sign the lease (and any addendums) with the tenants or must the real landlord?Can my landlord (who recently bought the property) change the terms of breaking a month to month lease?Can I demand partial deposit back on a joint lease?

How would photo IDs work for shapeshifters?

Denied boarding due to overcrowding, Sparpreis ticket. What are my rights?

Is this homebrew feat, Beast of Burden, balanced?

Why does this relative pronoun not take the case of the noun it is referring to?

extract characters between two commas?

Patience, young "Padovan"

Ideas for colorfully and clearly highlighting graph edges according to weights

What are the advantages and disadvantages of running one shots compared to campaigns?

Is Social Media Science Fiction?

Can I legally use front facing blue light in the UK?

Input two commands to a new terminal?

How to deal with fear of taking dependencies

Are objects structures and/or vice versa?

How many letters suffice to construct words with no repetition?

Finding files for which a command fails

Some basic questions on halt and move in Turing machines

Why airport relocation isn't done gradually?

Why is making salt water prohibited on Shabbat?

Is there a familial term for apples and pears?

Shall I use personal or official e-mail account when registering to external websites for work purpose?

What is GPS' 19 year rollover and does it present a cybersecurity issue?

Is "plugging out" electronic devices an American expression?

aging parents with no investments

Does the average primeness of natural numbers tend to zero?



Landlord wants to switch my lease to a “Land contract” to “get back at the city”


If no prior contracts have been signed, can a landlord make tenants sign after a week of tenancy?I didn't get my portion of the damage deposit back and some other roommates did, and no reason was givenWhy are residential leases so much in favor of the landlord in the US?In a rental, can a landlord remove a person from the lease and return their deposit?Can a landlord break lease for city code enforcement renovations in CA?UK tenant no contract wants to leave earlyCan a renter retake posession?Does the property manager sign the lease (and any addendums) with the tenants or must the real landlord?Can my landlord (who recently bought the property) change the terms of breaking a month to month lease?Can I demand partial deposit back on a joint lease?













2















I've been living at this place for about two months and my lease looks pretty typical. Nothing unusual. I've had no problems so far.



Today my landlord called me and explained something about the city wanting to fine him for a rental inspection that only covers the outside of the house, and so he's outraged that he has to pay the fine for some guy to just look at the house from the side walk. He then explained that his plan is to present me with a "land agreement" and also a contract to invalidate the current lease so that I'm just paying him for the land agreement instead. I'm pretty confused about this whole thing and it doesn't seem right..



Through some quick googling it sounds like I'd suddenly have to pay taxes in he property as if I owner it? And I suddenly become responsible for paying the fee he's complaining about? Not to mention I don't know if any tenant rights apply anymore?



I'm deeply confused and would like to know if this is a thing many landlords try to do and whether there's anything I should start doing to cover myself if my landlord starts getting weirder.



Update: he says it could be a few months before he has the land contract for me to sign. I haven't agreed to anything and told him I'm going to check with a lawyer before taking any action.










share|improve this question









New contributor




BooleanCheese is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




















  • Is the property being rented a house, an apartment, or what?

    – David Siegel
    1 hour ago











  • @DavidSiegel A rented house and I'm only two months into my year long lease.

    – BooleanCheese
    1 hour ago















2















I've been living at this place for about two months and my lease looks pretty typical. Nothing unusual. I've had no problems so far.



Today my landlord called me and explained something about the city wanting to fine him for a rental inspection that only covers the outside of the house, and so he's outraged that he has to pay the fine for some guy to just look at the house from the side walk. He then explained that his plan is to present me with a "land agreement" and also a contract to invalidate the current lease so that I'm just paying him for the land agreement instead. I'm pretty confused about this whole thing and it doesn't seem right..



Through some quick googling it sounds like I'd suddenly have to pay taxes in he property as if I owner it? And I suddenly become responsible for paying the fee he's complaining about? Not to mention I don't know if any tenant rights apply anymore?



I'm deeply confused and would like to know if this is a thing many landlords try to do and whether there's anything I should start doing to cover myself if my landlord starts getting weirder.



Update: he says it could be a few months before he has the land contract for me to sign. I haven't agreed to anything and told him I'm going to check with a lawyer before taking any action.










share|improve this question









New contributor




BooleanCheese is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




















  • Is the property being rented a house, an apartment, or what?

    – David Siegel
    1 hour ago











  • @DavidSiegel A rented house and I'm only two months into my year long lease.

    – BooleanCheese
    1 hour ago













2












2








2








I've been living at this place for about two months and my lease looks pretty typical. Nothing unusual. I've had no problems so far.



Today my landlord called me and explained something about the city wanting to fine him for a rental inspection that only covers the outside of the house, and so he's outraged that he has to pay the fine for some guy to just look at the house from the side walk. He then explained that his plan is to present me with a "land agreement" and also a contract to invalidate the current lease so that I'm just paying him for the land agreement instead. I'm pretty confused about this whole thing and it doesn't seem right..



Through some quick googling it sounds like I'd suddenly have to pay taxes in he property as if I owner it? And I suddenly become responsible for paying the fee he's complaining about? Not to mention I don't know if any tenant rights apply anymore?



I'm deeply confused and would like to know if this is a thing many landlords try to do and whether there's anything I should start doing to cover myself if my landlord starts getting weirder.



Update: he says it could be a few months before he has the land contract for me to sign. I haven't agreed to anything and told him I'm going to check with a lawyer before taking any action.










share|improve this question









New contributor




BooleanCheese is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.












I've been living at this place for about two months and my lease looks pretty typical. Nothing unusual. I've had no problems so far.



Today my landlord called me and explained something about the city wanting to fine him for a rental inspection that only covers the outside of the house, and so he's outraged that he has to pay the fine for some guy to just look at the house from the side walk. He then explained that his plan is to present me with a "land agreement" and also a contract to invalidate the current lease so that I'm just paying him for the land agreement instead. I'm pretty confused about this whole thing and it doesn't seem right..



Through some quick googling it sounds like I'd suddenly have to pay taxes in he property as if I owner it? And I suddenly become responsible for paying the fee he's complaining about? Not to mention I don't know if any tenant rights apply anymore?



I'm deeply confused and would like to know if this is a thing many landlords try to do and whether there's anything I should start doing to cover myself if my landlord starts getting weirder.



Update: he says it could be a few months before he has the land contract for me to sign. I haven't agreed to anything and told him I'm going to check with a lawyer before taking any action.







united-states rental-property residential-lease landlord ohio






share|improve this question









New contributor




BooleanCheese is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











share|improve this question









New contributor




BooleanCheese is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.









share|improve this question




share|improve this question








edited 4 hours ago







BooleanCheese













New contributor




BooleanCheese is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.









asked 4 hours ago









BooleanCheeseBooleanCheese

1114




1114




New contributor




BooleanCheese is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.





New contributor





BooleanCheese is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.






BooleanCheese is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.












  • Is the property being rented a house, an apartment, or what?

    – David Siegel
    1 hour ago











  • @DavidSiegel A rented house and I'm only two months into my year long lease.

    – BooleanCheese
    1 hour ago

















  • Is the property being rented a house, an apartment, or what?

    – David Siegel
    1 hour ago











  • @DavidSiegel A rented house and I'm only two months into my year long lease.

    – BooleanCheese
    1 hour ago
















Is the property being rented a house, an apartment, or what?

– David Siegel
1 hour ago





Is the property being rented a house, an apartment, or what?

– David Siegel
1 hour ago













@DavidSiegel A rented house and I'm only two months into my year long lease.

– BooleanCheese
1 hour ago





@DavidSiegel A rented house and I'm only two months into my year long lease.

– BooleanCheese
1 hour ago










2 Answers
2






active

oldest

votes


















9














A "land contract" is not a way of renting property, it is a way of purchasing property on an installment basis without bank financing. It is Ohio's version of what in some other places is known as "contract for deed".



See "What is a Land Contract in Ohio" and "How Land Contracts Work" The actual law is Section 5313.



In a land contract, the buyer has equitable but not legal title. The buyer normally pays all taxes and fees, and is responsible for maintaining the property, just as if s/he has bought the property. But if the buyer defaults, all payments and equity would be forfeit to the seller. Until the buyer has paid 20% of the purchase price, or made 5 years of payments (whichever comes first) a single3 missed payment constitutes default and can lead to the buyer being evicted with all payments to date going to the seller, the buyer coming out of the deal with nothing.



Also, if the seller still has a mortgage and defaults, the buyer may lose everything paid to date. The buyer does not have the protections that a lease gives a tenant, nor the protections that legal title gives a purchaser via a traditional mortgage.



Land contracts are often used when the buyer cannot qualify for a mortgage.



The buyer pays interest, and it is often at a higher rate than the current rate on a mortgage.



Land contracts are often a form of predatory lending, but for some buyers they make sense. A buyer needs to carefully review the contract with a lawyer knowledgeable about land contracts, and consider the risks and benefits of this form of financing.



As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it.



It is not clear just what the OP's landlord (LL) has in mind. It may be that LL plans to offer a "land contract" in which the purchase would be completed only after a very long time, with the idea that the OP woulkd simply default when s/he wanted to move. Such a default could harm the OP's credit. There seems no benefit to the OP in such a scheme compared to a lease, unless LL will lower the price significantly, taking into account maintenance costs and taxes, which OP may well be expected to pay under a land contract.



OP needs to very carefully consider just what is being offered, and its risks and any possible benefits. Details of the contract will matter.






share|improve this answer




















  • 5





    The tags are what OP thinks applies, and it is a rental now. LL may well be trying to distort or misuse a "land contract", we can't really tell without seeing the proposed contract. LL may have a crazy idea that won't work, but it may harm OP in the process, if OP goes along.

    – David Siegel
    1 hour ago






  • 1





    @Putvi You are correct in that I am not planning on buying the property and had never even heard the term before today. I do not plan on signing the land contract and I have given no cause for my landlord to terminate the current lease, but this is probably enough concern for me to find elsewhere to move when this lease is up. I have not been offered any form of compensation to sign the land contract and my landlord thinks that I'll voluntarily agree to terminate the lease and sign the land contract for the sake of helping him screw the city. This is all based on a single phonecall.

    – BooleanCheese
    1 hour ago







  • 3





    @BooleanCheese the landlord cna't legally force you to sign a document cancelling your lease, or to sign whatever he will call a "land contract". Nor can he cancel the lease without your consent except for good cause as specified in the law (such as not paying rent). He could become uncooperative on other matters if you don't do as he wants. If you do cancel your lease, you lose some rights. Others are guaranteed by law as long as you are paying rent. If you sign a "land contract" what happens depends on its provisions.

    – David Siegel
    1 hour ago






  • 3





    It may be worth mentioning that if the OP signs this contract with the knowledge of the LL intending to defraud the municipality, that the OP would be guilty of participating in the fraud. There is no reason that the OP should sign this contract unless they have actual intention to participate in the land contract for a valid reason.

    – Ron Beyer
    38 mins ago






  • 1





    "As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it." The OP mentions they are renting a house.

    – Azor Ahai
    16 mins ago


















-2














Tax wise, you don't have to pay taxes on someone else's property. The same goes for the inspection. He has to be inspected because he is renting to someone else, you aren't.



He isn't selling you land, if you are paying him for the apartment, you are still a renter, so no matter what he calls it, the building must be inspected, because someone lives there.






share|improve this answer























  • But what's the advantage for him if he makes it a land contract?

    – BooleanCheese
    3 hours ago











  • There isn't one. People have tried crazy things to get out of paying fees and such since the beginning of time.

    – Putvi
    3 hours ago











  • Land contract is supposed to mean that he takes no interest in it while you pay for it buy the month, but if he is using it to rent to you as in he would own it, he gets no benefits. Hes just trying to change the wording to cheat the city and not live up to what it really should mean.

    – Putvi
    3 hours ago







  • 4





    This answer appears to misunderstand what a land contract is in Ohio, and make assertions which are not or may not be true. See my answer.

    – David Siegel
    1 hour ago






  • 4





    OP doesn't really know what LL is offering, because OP hasn't seen the contract yet. If it purports to be a land contract, and fulfills the legal minimum under Sec 5313, it is a land contract, and OP may be on the hook for taxes and repairs. If the offered contract does not comply with 5313, it is hard to say what effect it will have, but OP will have given up any lease, it seems. OP might then be renting month-to-month. But who knows?

    – David Siegel
    1 hour ago











Your Answer








StackExchange.ready(function()
var channelOptions =
tags: "".split(" "),
id: "617"
;
initTagRenderer("".split(" "), "".split(" "), channelOptions);

StackExchange.using("externalEditor", function()
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled)
StackExchange.using("snippets", function()
createEditor();
);

else
createEditor();

);

function createEditor()
StackExchange.prepareEditor(
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader:
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
,
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
);



);






BooleanCheese is a new contributor. Be nice, and check out our Code of Conduct.









draft saved

draft discarded


















StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38916%2flandlord-wants-to-switch-my-lease-to-a-land-contract-to-get-back-at-the-city%23new-answer', 'question_page');

);

Post as a guest















Required, but never shown

























2 Answers
2






active

oldest

votes








2 Answers
2






active

oldest

votes









active

oldest

votes






active

oldest

votes









9














A "land contract" is not a way of renting property, it is a way of purchasing property on an installment basis without bank financing. It is Ohio's version of what in some other places is known as "contract for deed".



See "What is a Land Contract in Ohio" and "How Land Contracts Work" The actual law is Section 5313.



In a land contract, the buyer has equitable but not legal title. The buyer normally pays all taxes and fees, and is responsible for maintaining the property, just as if s/he has bought the property. But if the buyer defaults, all payments and equity would be forfeit to the seller. Until the buyer has paid 20% of the purchase price, or made 5 years of payments (whichever comes first) a single3 missed payment constitutes default and can lead to the buyer being evicted with all payments to date going to the seller, the buyer coming out of the deal with nothing.



Also, if the seller still has a mortgage and defaults, the buyer may lose everything paid to date. The buyer does not have the protections that a lease gives a tenant, nor the protections that legal title gives a purchaser via a traditional mortgage.



Land contracts are often used when the buyer cannot qualify for a mortgage.



The buyer pays interest, and it is often at a higher rate than the current rate on a mortgage.



Land contracts are often a form of predatory lending, but for some buyers they make sense. A buyer needs to carefully review the contract with a lawyer knowledgeable about land contracts, and consider the risks and benefits of this form of financing.



As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it.



It is not clear just what the OP's landlord (LL) has in mind. It may be that LL plans to offer a "land contract" in which the purchase would be completed only after a very long time, with the idea that the OP woulkd simply default when s/he wanted to move. Such a default could harm the OP's credit. There seems no benefit to the OP in such a scheme compared to a lease, unless LL will lower the price significantly, taking into account maintenance costs and taxes, which OP may well be expected to pay under a land contract.



OP needs to very carefully consider just what is being offered, and its risks and any possible benefits. Details of the contract will matter.






share|improve this answer




















  • 5





    The tags are what OP thinks applies, and it is a rental now. LL may well be trying to distort or misuse a "land contract", we can't really tell without seeing the proposed contract. LL may have a crazy idea that won't work, but it may harm OP in the process, if OP goes along.

    – David Siegel
    1 hour ago






  • 1





    @Putvi You are correct in that I am not planning on buying the property and had never even heard the term before today. I do not plan on signing the land contract and I have given no cause for my landlord to terminate the current lease, but this is probably enough concern for me to find elsewhere to move when this lease is up. I have not been offered any form of compensation to sign the land contract and my landlord thinks that I'll voluntarily agree to terminate the lease and sign the land contract for the sake of helping him screw the city. This is all based on a single phonecall.

    – BooleanCheese
    1 hour ago







  • 3





    @BooleanCheese the landlord cna't legally force you to sign a document cancelling your lease, or to sign whatever he will call a "land contract". Nor can he cancel the lease without your consent except for good cause as specified in the law (such as not paying rent). He could become uncooperative on other matters if you don't do as he wants. If you do cancel your lease, you lose some rights. Others are guaranteed by law as long as you are paying rent. If you sign a "land contract" what happens depends on its provisions.

    – David Siegel
    1 hour ago






  • 3





    It may be worth mentioning that if the OP signs this contract with the knowledge of the LL intending to defraud the municipality, that the OP would be guilty of participating in the fraud. There is no reason that the OP should sign this contract unless they have actual intention to participate in the land contract for a valid reason.

    – Ron Beyer
    38 mins ago






  • 1





    "As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it." The OP mentions they are renting a house.

    – Azor Ahai
    16 mins ago















9














A "land contract" is not a way of renting property, it is a way of purchasing property on an installment basis without bank financing. It is Ohio's version of what in some other places is known as "contract for deed".



See "What is a Land Contract in Ohio" and "How Land Contracts Work" The actual law is Section 5313.



In a land contract, the buyer has equitable but not legal title. The buyer normally pays all taxes and fees, and is responsible for maintaining the property, just as if s/he has bought the property. But if the buyer defaults, all payments and equity would be forfeit to the seller. Until the buyer has paid 20% of the purchase price, or made 5 years of payments (whichever comes first) a single3 missed payment constitutes default and can lead to the buyer being evicted with all payments to date going to the seller, the buyer coming out of the deal with nothing.



Also, if the seller still has a mortgage and defaults, the buyer may lose everything paid to date. The buyer does not have the protections that a lease gives a tenant, nor the protections that legal title gives a purchaser via a traditional mortgage.



Land contracts are often used when the buyer cannot qualify for a mortgage.



The buyer pays interest, and it is often at a higher rate than the current rate on a mortgage.



Land contracts are often a form of predatory lending, but for some buyers they make sense. A buyer needs to carefully review the contract with a lawyer knowledgeable about land contracts, and consider the risks and benefits of this form of financing.



As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it.



It is not clear just what the OP's landlord (LL) has in mind. It may be that LL plans to offer a "land contract" in which the purchase would be completed only after a very long time, with the idea that the OP woulkd simply default when s/he wanted to move. Such a default could harm the OP's credit. There seems no benefit to the OP in such a scheme compared to a lease, unless LL will lower the price significantly, taking into account maintenance costs and taxes, which OP may well be expected to pay under a land contract.



OP needs to very carefully consider just what is being offered, and its risks and any possible benefits. Details of the contract will matter.






share|improve this answer




















  • 5





    The tags are what OP thinks applies, and it is a rental now. LL may well be trying to distort or misuse a "land contract", we can't really tell without seeing the proposed contract. LL may have a crazy idea that won't work, but it may harm OP in the process, if OP goes along.

    – David Siegel
    1 hour ago






  • 1





    @Putvi You are correct in that I am not planning on buying the property and had never even heard the term before today. I do not plan on signing the land contract and I have given no cause for my landlord to terminate the current lease, but this is probably enough concern for me to find elsewhere to move when this lease is up. I have not been offered any form of compensation to sign the land contract and my landlord thinks that I'll voluntarily agree to terminate the lease and sign the land contract for the sake of helping him screw the city. This is all based on a single phonecall.

    – BooleanCheese
    1 hour ago







  • 3





    @BooleanCheese the landlord cna't legally force you to sign a document cancelling your lease, or to sign whatever he will call a "land contract". Nor can he cancel the lease without your consent except for good cause as specified in the law (such as not paying rent). He could become uncooperative on other matters if you don't do as he wants. If you do cancel your lease, you lose some rights. Others are guaranteed by law as long as you are paying rent. If you sign a "land contract" what happens depends on its provisions.

    – David Siegel
    1 hour ago






  • 3





    It may be worth mentioning that if the OP signs this contract with the knowledge of the LL intending to defraud the municipality, that the OP would be guilty of participating in the fraud. There is no reason that the OP should sign this contract unless they have actual intention to participate in the land contract for a valid reason.

    – Ron Beyer
    38 mins ago






  • 1





    "As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it." The OP mentions they are renting a house.

    – Azor Ahai
    16 mins ago













9












9








9







A "land contract" is not a way of renting property, it is a way of purchasing property on an installment basis without bank financing. It is Ohio's version of what in some other places is known as "contract for deed".



See "What is a Land Contract in Ohio" and "How Land Contracts Work" The actual law is Section 5313.



In a land contract, the buyer has equitable but not legal title. The buyer normally pays all taxes and fees, and is responsible for maintaining the property, just as if s/he has bought the property. But if the buyer defaults, all payments and equity would be forfeit to the seller. Until the buyer has paid 20% of the purchase price, or made 5 years of payments (whichever comes first) a single3 missed payment constitutes default and can lead to the buyer being evicted with all payments to date going to the seller, the buyer coming out of the deal with nothing.



Also, if the seller still has a mortgage and defaults, the buyer may lose everything paid to date. The buyer does not have the protections that a lease gives a tenant, nor the protections that legal title gives a purchaser via a traditional mortgage.



Land contracts are often used when the buyer cannot qualify for a mortgage.



The buyer pays interest, and it is often at a higher rate than the current rate on a mortgage.



Land contracts are often a form of predatory lending, but for some buyers they make sense. A buyer needs to carefully review the contract with a lawyer knowledgeable about land contracts, and consider the risks and benefits of this form of financing.



As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it.



It is not clear just what the OP's landlord (LL) has in mind. It may be that LL plans to offer a "land contract" in which the purchase would be completed only after a very long time, with the idea that the OP woulkd simply default when s/he wanted to move. Such a default could harm the OP's credit. There seems no benefit to the OP in such a scheme compared to a lease, unless LL will lower the price significantly, taking into account maintenance costs and taxes, which OP may well be expected to pay under a land contract.



OP needs to very carefully consider just what is being offered, and its risks and any possible benefits. Details of the contract will matter.






share|improve this answer















A "land contract" is not a way of renting property, it is a way of purchasing property on an installment basis without bank financing. It is Ohio's version of what in some other places is known as "contract for deed".



See "What is a Land Contract in Ohio" and "How Land Contracts Work" The actual law is Section 5313.



In a land contract, the buyer has equitable but not legal title. The buyer normally pays all taxes and fees, and is responsible for maintaining the property, just as if s/he has bought the property. But if the buyer defaults, all payments and equity would be forfeit to the seller. Until the buyer has paid 20% of the purchase price, or made 5 years of payments (whichever comes first) a single3 missed payment constitutes default and can lead to the buyer being evicted with all payments to date going to the seller, the buyer coming out of the deal with nothing.



Also, if the seller still has a mortgage and defaults, the buyer may lose everything paid to date. The buyer does not have the protections that a lease gives a tenant, nor the protections that legal title gives a purchaser via a traditional mortgage.



Land contracts are often used when the buyer cannot qualify for a mortgage.



The buyer pays interest, and it is often at a higher rate than the current rate on a mortgage.



Land contracts are often a form of predatory lending, but for some buyers they make sense. A buyer needs to carefully review the contract with a lawyer knowledgeable about land contracts, and consider the risks and benefits of this form of financing.



As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it.



It is not clear just what the OP's landlord (LL) has in mind. It may be that LL plans to offer a "land contract" in which the purchase would be completed only after a very long time, with the idea that the OP woulkd simply default when s/he wanted to move. Such a default could harm the OP's credit. There seems no benefit to the OP in such a scheme compared to a lease, unless LL will lower the price significantly, taking into account maintenance costs and taxes, which OP may well be expected to pay under a land contract.



OP needs to very carefully consider just what is being offered, and its risks and any possible benefits. Details of the contract will matter.







share|improve this answer














share|improve this answer



share|improve this answer








edited 1 hour ago

























answered 1 hour ago









David SiegelDavid Siegel

16.2k3363




16.2k3363







  • 5





    The tags are what OP thinks applies, and it is a rental now. LL may well be trying to distort or misuse a "land contract", we can't really tell without seeing the proposed contract. LL may have a crazy idea that won't work, but it may harm OP in the process, if OP goes along.

    – David Siegel
    1 hour ago






  • 1





    @Putvi You are correct in that I am not planning on buying the property and had never even heard the term before today. I do not plan on signing the land contract and I have given no cause for my landlord to terminate the current lease, but this is probably enough concern for me to find elsewhere to move when this lease is up. I have not been offered any form of compensation to sign the land contract and my landlord thinks that I'll voluntarily agree to terminate the lease and sign the land contract for the sake of helping him screw the city. This is all based on a single phonecall.

    – BooleanCheese
    1 hour ago







  • 3





    @BooleanCheese the landlord cna't legally force you to sign a document cancelling your lease, or to sign whatever he will call a "land contract". Nor can he cancel the lease without your consent except for good cause as specified in the law (such as not paying rent). He could become uncooperative on other matters if you don't do as he wants. If you do cancel your lease, you lose some rights. Others are guaranteed by law as long as you are paying rent. If you sign a "land contract" what happens depends on its provisions.

    – David Siegel
    1 hour ago






  • 3





    It may be worth mentioning that if the OP signs this contract with the knowledge of the LL intending to defraud the municipality, that the OP would be guilty of participating in the fraud. There is no reason that the OP should sign this contract unless they have actual intention to participate in the land contract for a valid reason.

    – Ron Beyer
    38 mins ago






  • 1





    "As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it." The OP mentions they are renting a house.

    – Azor Ahai
    16 mins ago












  • 5





    The tags are what OP thinks applies, and it is a rental now. LL may well be trying to distort or misuse a "land contract", we can't really tell without seeing the proposed contract. LL may have a crazy idea that won't work, but it may harm OP in the process, if OP goes along.

    – David Siegel
    1 hour ago






  • 1





    @Putvi You are correct in that I am not planning on buying the property and had never even heard the term before today. I do not plan on signing the land contract and I have given no cause for my landlord to terminate the current lease, but this is probably enough concern for me to find elsewhere to move when this lease is up. I have not been offered any form of compensation to sign the land contract and my landlord thinks that I'll voluntarily agree to terminate the lease and sign the land contract for the sake of helping him screw the city. This is all based on a single phonecall.

    – BooleanCheese
    1 hour ago







  • 3





    @BooleanCheese the landlord cna't legally force you to sign a document cancelling your lease, or to sign whatever he will call a "land contract". Nor can he cancel the lease without your consent except for good cause as specified in the law (such as not paying rent). He could become uncooperative on other matters if you don't do as he wants. If you do cancel your lease, you lose some rights. Others are guaranteed by law as long as you are paying rent. If you sign a "land contract" what happens depends on its provisions.

    – David Siegel
    1 hour ago






  • 3





    It may be worth mentioning that if the OP signs this contract with the knowledge of the LL intending to defraud the municipality, that the OP would be guilty of participating in the fraud. There is no reason that the OP should sign this contract unless they have actual intention to participate in the land contract for a valid reason.

    – Ron Beyer
    38 mins ago






  • 1





    "As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it." The OP mentions they are renting a house.

    – Azor Ahai
    16 mins ago







5




5





The tags are what OP thinks applies, and it is a rental now. LL may well be trying to distort or misuse a "land contract", we can't really tell without seeing the proposed contract. LL may have a crazy idea that won't work, but it may harm OP in the process, if OP goes along.

– David Siegel
1 hour ago





The tags are what OP thinks applies, and it is a rental now. LL may well be trying to distort or misuse a "land contract", we can't really tell without seeing the proposed contract. LL may have a crazy idea that won't work, but it may harm OP in the process, if OP goes along.

– David Siegel
1 hour ago




1




1





@Putvi You are correct in that I am not planning on buying the property and had never even heard the term before today. I do not plan on signing the land contract and I have given no cause for my landlord to terminate the current lease, but this is probably enough concern for me to find elsewhere to move when this lease is up. I have not been offered any form of compensation to sign the land contract and my landlord thinks that I'll voluntarily agree to terminate the lease and sign the land contract for the sake of helping him screw the city. This is all based on a single phonecall.

– BooleanCheese
1 hour ago






@Putvi You are correct in that I am not planning on buying the property and had never even heard the term before today. I do not plan on signing the land contract and I have given no cause for my landlord to terminate the current lease, but this is probably enough concern for me to find elsewhere to move when this lease is up. I have not been offered any form of compensation to sign the land contract and my landlord thinks that I'll voluntarily agree to terminate the lease and sign the land contract for the sake of helping him screw the city. This is all based on a single phonecall.

– BooleanCheese
1 hour ago





3




3





@BooleanCheese the landlord cna't legally force you to sign a document cancelling your lease, or to sign whatever he will call a "land contract". Nor can he cancel the lease without your consent except for good cause as specified in the law (such as not paying rent). He could become uncooperative on other matters if you don't do as he wants. If you do cancel your lease, you lose some rights. Others are guaranteed by law as long as you are paying rent. If you sign a "land contract" what happens depends on its provisions.

– David Siegel
1 hour ago





@BooleanCheese the landlord cna't legally force you to sign a document cancelling your lease, or to sign whatever he will call a "land contract". Nor can he cancel the lease without your consent except for good cause as specified in the law (such as not paying rent). He could become uncooperative on other matters if you don't do as he wants. If you do cancel your lease, you lose some rights. Others are guaranteed by law as long as you are paying rent. If you sign a "land contract" what happens depends on its provisions.

– David Siegel
1 hour ago




3




3





It may be worth mentioning that if the OP signs this contract with the knowledge of the LL intending to defraud the municipality, that the OP would be guilty of participating in the fraud. There is no reason that the OP should sign this contract unless they have actual intention to participate in the land contract for a valid reason.

– Ron Beyer
38 mins ago





It may be worth mentioning that if the OP signs this contract with the knowledge of the LL intending to defraud the municipality, that the OP would be guilty of participating in the fraud. There is no reason that the OP should sign this contract unless they have actual intention to participate in the land contract for a valid reason.

– Ron Beyer
38 mins ago




1




1





"As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it." The OP mentions they are renting a house.

– Azor Ahai
16 mins ago





"As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it." The OP mentions they are renting a house.

– Azor Ahai
16 mins ago











-2














Tax wise, you don't have to pay taxes on someone else's property. The same goes for the inspection. He has to be inspected because he is renting to someone else, you aren't.



He isn't selling you land, if you are paying him for the apartment, you are still a renter, so no matter what he calls it, the building must be inspected, because someone lives there.






share|improve this answer























  • But what's the advantage for him if he makes it a land contract?

    – BooleanCheese
    3 hours ago











  • There isn't one. People have tried crazy things to get out of paying fees and such since the beginning of time.

    – Putvi
    3 hours ago











  • Land contract is supposed to mean that he takes no interest in it while you pay for it buy the month, but if he is using it to rent to you as in he would own it, he gets no benefits. Hes just trying to change the wording to cheat the city and not live up to what it really should mean.

    – Putvi
    3 hours ago







  • 4





    This answer appears to misunderstand what a land contract is in Ohio, and make assertions which are not or may not be true. See my answer.

    – David Siegel
    1 hour ago






  • 4





    OP doesn't really know what LL is offering, because OP hasn't seen the contract yet. If it purports to be a land contract, and fulfills the legal minimum under Sec 5313, it is a land contract, and OP may be on the hook for taxes and repairs. If the offered contract does not comply with 5313, it is hard to say what effect it will have, but OP will have given up any lease, it seems. OP might then be renting month-to-month. But who knows?

    – David Siegel
    1 hour ago















-2














Tax wise, you don't have to pay taxes on someone else's property. The same goes for the inspection. He has to be inspected because he is renting to someone else, you aren't.



He isn't selling you land, if you are paying him for the apartment, you are still a renter, so no matter what he calls it, the building must be inspected, because someone lives there.






share|improve this answer























  • But what's the advantage for him if he makes it a land contract?

    – BooleanCheese
    3 hours ago











  • There isn't one. People have tried crazy things to get out of paying fees and such since the beginning of time.

    – Putvi
    3 hours ago











  • Land contract is supposed to mean that he takes no interest in it while you pay for it buy the month, but if he is using it to rent to you as in he would own it, he gets no benefits. Hes just trying to change the wording to cheat the city and not live up to what it really should mean.

    – Putvi
    3 hours ago







  • 4





    This answer appears to misunderstand what a land contract is in Ohio, and make assertions which are not or may not be true. See my answer.

    – David Siegel
    1 hour ago






  • 4





    OP doesn't really know what LL is offering, because OP hasn't seen the contract yet. If it purports to be a land contract, and fulfills the legal minimum under Sec 5313, it is a land contract, and OP may be on the hook for taxes and repairs. If the offered contract does not comply with 5313, it is hard to say what effect it will have, but OP will have given up any lease, it seems. OP might then be renting month-to-month. But who knows?

    – David Siegel
    1 hour ago













-2












-2








-2







Tax wise, you don't have to pay taxes on someone else's property. The same goes for the inspection. He has to be inspected because he is renting to someone else, you aren't.



He isn't selling you land, if you are paying him for the apartment, you are still a renter, so no matter what he calls it, the building must be inspected, because someone lives there.






share|improve this answer













Tax wise, you don't have to pay taxes on someone else's property. The same goes for the inspection. He has to be inspected because he is renting to someone else, you aren't.



He isn't selling you land, if you are paying him for the apartment, you are still a renter, so no matter what he calls it, the building must be inspected, because someone lives there.







share|improve this answer












share|improve this answer



share|improve this answer










answered 4 hours ago









PutviPutvi

72218




72218












  • But what's the advantage for him if he makes it a land contract?

    – BooleanCheese
    3 hours ago











  • There isn't one. People have tried crazy things to get out of paying fees and such since the beginning of time.

    – Putvi
    3 hours ago











  • Land contract is supposed to mean that he takes no interest in it while you pay for it buy the month, but if he is using it to rent to you as in he would own it, he gets no benefits. Hes just trying to change the wording to cheat the city and not live up to what it really should mean.

    – Putvi
    3 hours ago







  • 4





    This answer appears to misunderstand what a land contract is in Ohio, and make assertions which are not or may not be true. See my answer.

    – David Siegel
    1 hour ago






  • 4





    OP doesn't really know what LL is offering, because OP hasn't seen the contract yet. If it purports to be a land contract, and fulfills the legal minimum under Sec 5313, it is a land contract, and OP may be on the hook for taxes and repairs. If the offered contract does not comply with 5313, it is hard to say what effect it will have, but OP will have given up any lease, it seems. OP might then be renting month-to-month. But who knows?

    – David Siegel
    1 hour ago

















  • But what's the advantage for him if he makes it a land contract?

    – BooleanCheese
    3 hours ago











  • There isn't one. People have tried crazy things to get out of paying fees and such since the beginning of time.

    – Putvi
    3 hours ago











  • Land contract is supposed to mean that he takes no interest in it while you pay for it buy the month, but if he is using it to rent to you as in he would own it, he gets no benefits. Hes just trying to change the wording to cheat the city and not live up to what it really should mean.

    – Putvi
    3 hours ago







  • 4





    This answer appears to misunderstand what a land contract is in Ohio, and make assertions which are not or may not be true. See my answer.

    – David Siegel
    1 hour ago






  • 4





    OP doesn't really know what LL is offering, because OP hasn't seen the contract yet. If it purports to be a land contract, and fulfills the legal minimum under Sec 5313, it is a land contract, and OP may be on the hook for taxes and repairs. If the offered contract does not comply with 5313, it is hard to say what effect it will have, but OP will have given up any lease, it seems. OP might then be renting month-to-month. But who knows?

    – David Siegel
    1 hour ago
















But what's the advantage for him if he makes it a land contract?

– BooleanCheese
3 hours ago





But what's the advantage for him if he makes it a land contract?

– BooleanCheese
3 hours ago













There isn't one. People have tried crazy things to get out of paying fees and such since the beginning of time.

– Putvi
3 hours ago





There isn't one. People have tried crazy things to get out of paying fees and such since the beginning of time.

– Putvi
3 hours ago













Land contract is supposed to mean that he takes no interest in it while you pay for it buy the month, but if he is using it to rent to you as in he would own it, he gets no benefits. Hes just trying to change the wording to cheat the city and not live up to what it really should mean.

– Putvi
3 hours ago






Land contract is supposed to mean that he takes no interest in it while you pay for it buy the month, but if he is using it to rent to you as in he would own it, he gets no benefits. Hes just trying to change the wording to cheat the city and not live up to what it really should mean.

– Putvi
3 hours ago





4




4





This answer appears to misunderstand what a land contract is in Ohio, and make assertions which are not or may not be true. See my answer.

– David Siegel
1 hour ago





This answer appears to misunderstand what a land contract is in Ohio, and make assertions which are not or may not be true. See my answer.

– David Siegel
1 hour ago




4




4





OP doesn't really know what LL is offering, because OP hasn't seen the contract yet. If it purports to be a land contract, and fulfills the legal minimum under Sec 5313, it is a land contract, and OP may be on the hook for taxes and repairs. If the offered contract does not comply with 5313, it is hard to say what effect it will have, but OP will have given up any lease, it seems. OP might then be renting month-to-month. But who knows?

– David Siegel
1 hour ago





OP doesn't really know what LL is offering, because OP hasn't seen the contract yet. If it purports to be a land contract, and fulfills the legal minimum under Sec 5313, it is a land contract, and OP may be on the hook for taxes and repairs. If the offered contract does not comply with 5313, it is hard to say what effect it will have, but OP will have given up any lease, it seems. OP might then be renting month-to-month. But who knows?

– David Siegel
1 hour ago










BooleanCheese is a new contributor. Be nice, and check out our Code of Conduct.









draft saved

draft discarded


















BooleanCheese is a new contributor. Be nice, and check out our Code of Conduct.












BooleanCheese is a new contributor. Be nice, and check out our Code of Conduct.











BooleanCheese is a new contributor. Be nice, and check out our Code of Conduct.














Thanks for contributing an answer to Law Stack Exchange!


  • Please be sure to answer the question. Provide details and share your research!

But avoid


  • Asking for help, clarification, or responding to other answers.

  • Making statements based on opinion; back them up with references or personal experience.

To learn more, see our tips on writing great answers.




draft saved


draft discarded














StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38916%2flandlord-wants-to-switch-my-lease-to-a-land-contract-to-get-back-at-the-city%23new-answer', 'question_page');

);

Post as a guest















Required, but never shown





















































Required, but never shown














Required, but never shown












Required, but never shown







Required, but never shown

































Required, but never shown














Required, but never shown












Required, but never shown







Required, but never shown







Popular posts from this blog

Isabella Eugénie Boyer Biographie | Références | Menu de navigationmodifiermodifier le codeComparator to Compute the Relative Value of a U.S. Dollar Amount – 1774 to Present.

Join wedge with single bond in chemfigHow to make only one part of double bond bold with chemfig?Crossing bonds in chemfigjoining atoms in chemfig. Two adjacent molculesHow do I selectively change bond length in chemfig?Ugly bond joints in chemfigchemfig: reaction above arrowUsing the mhchem and chemfig packages in conjunctionBonding to specific element letter using chemfigResonance hybrids in chemfigScale chemfig molecule in beamer with tikzWhy does this chemfig bond with a hook start in the middle of the atom?

Are small insurances worth itIs insurance worth it if you can afford to replace the item? If not, when is it?Is accident insurance worth it for my kids who play sportsIs insuring property for more than it is worth allowed?At what point does it become worth it to file an insurance claim?Are wage loss insurance programs worth the cost compared to having an emergency fund?When is an event worth insuring against?Is insurance worth it if you can afford to replace the item? If not, when is it?FHA loan just commenced : Any way to get any of the up-front mortgage insurance back?Which types of insurances do I need to buy?Should I carry less renter's insurance if I can self-insure?Mortgage Adviser Signed Me Up For Multiple Home and Life Insurances (UK)Why many travel insurances don't cover country of nationality?