In 1999, appellant purchased from his father certain real property located at 11328 Kyle Road, Garrettsville, Ohio. Since appellant already owned a residence on Kyle Road, he did not move into the home on his father’s former property. Instead, over the next two years, he remodeled a substantial portion of the home’s interior, painted its exterior, and installed new landscaping in the yard.
Beginning in 2001, appellant rented the remodeled residence to appellees, Roger D. Shears and Tammy Dowling. Over the next three years, appellees paid the monthly sum of $700 to appellant for use of the home and four sheds which were also on the property. Shears primarily employed the sheds to store equipment and paint that he used in his seasonal construction business.
In August 2004, appellees informed appellant that they were interested in purchasing the leased premises. Accordingly, the parties executed a land installment contract, under which appellees agreed to pay a total of $115,000 for the real property. Under the terms of the contract, appellees made an initial down payment of $10,000 to appellant, and then were required to make a monthly payment of $818.40 over the next five years. Furthermore, at the end of the five-year period, appellees would be liable for a “balloon” payment of approximately $100,000. In addition, the contract provided that appellees could not make changes to the property without obtaining written permission.
Judge(s): Thomas R. Wright
Jurisdiction: Ohio Court of Appeals, District 11
Related Categories: Damages , Property
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Farrell Belknap, Jr.||Pro Se|
|Appellee Lawyer(s)||Appellee Law Firm(s)|