Zoning issues, tenat or landlord responsible?

[Cooper@1960]

In Ohio.
Family drama. My sister owns property she lets my brother live in, all he pays are utilities and property taxes. My brother has accumulated lots of junk outside, couple of cars and trucks plus lots of misc. stuff. Big fight just happened because she wants all the junk gone but he refuses, because you know, he has big plans for the stuff.lol

If she gets him to sign a yearly lease for $1.00 will that absolve her of any possible zoning issues? The thinking is if he leases the property that makes him legally responsible for what goes on there.

Yes? No? Maybe?

 

[PayrollHRGuy]

Nope.

 

[zddoodah]

If she gets him to sign a yearly lease for $1.00 will that absolve her of any possible zoning issues?

No (and, frankly, I'm at a loss to understand why you'd think it might). At best, a signed lease could include language requiring him to indemnify her in relation to any such liability. That said, I'm curious why you think the facts described implicate a zoning issue (as opposed to, e.g., nuisance law).

The thinking is if he leases the property that makes him legally responsible for what goes on there.

Not sure where that thinking might come from. It obviously depends on the wording of the applicable law. However, regardless of the existence or non-existence of a written lease, it's pretty obvious that your brother is a tenant with (presumably exclusive) possession of the premises.

Any particular reason why your sister doesn't evict your brother and either rent the property for a profit or sell it?

 

[adjusterjack]

will that absolve her of any possible zoning issues?

No.

But it isn't zoning she has to be concerned with.

It's the city. There are almost certainly ordinances prohibiting the storing of unregistered and/or inoperable vehicles as well as ordinances against blight.

At some point an angry neighbor is going to report it and she'll receive a citation giving her a deadline to clean the place up.

If she doesn't comply, she'll be fined.

Blaming the brother won't be a defense.

 

[Cooper@1960]

Maybe "zoning issues" wasn't the correct term, nuisance issue probably fits better.
The land is in the country so no city ordinences, but not so remote that neighbors can't see what's going on and my sister is fearing someone complaining, my brother refusing to comply and then fines being issued. My brother is 77 years old and as contrary as can be yet stay out of jail

Anyway, she will probably never evict him, that would be more than she could deal with. She is just trying to figure out a way where his problems don't become her problems, she called me today asking for suggestions.

Thanks for the comments.

 

[Zigner]

Anyway, she will probably never evict him, that would be more than she could deal with. She is just trying to figure out a way where his problems don't become her problems, she called me today asking for suggestions.

Hopefully the two goals will always remain compatible.

 

[LdiJ]

In Ohio.
Family drama. My sister owns property she lets my brother live in, all he pays are utilities and property taxes. My brother has accumulated lots of junk outside, couple of cars and trucks plus lots of misc. stuff. Big fight just happened because she wants all the junk gone but he refuses, because you know, he has big plans for the stuff.lol

If she gets him to sign a yearly lease for $1.00 will that absolve her of any possible zoning issues? The thinking is if he leases the property that makes him legally responsible for what goes on there.

Yes? No? Maybe?

Unfortunately the answer is probably no. Generally the property owner is going to be the one responsible.

 

[zddoodah]

he land is in the country so no city ordinences

"In the country" doesn't provide any meaningful information. If the property is not within the limits of any incorporated city/town, then there are potentially still county ordinances.

my sister is fearing someone complaining

So...no one has complained yet?

she will probably never evict him, that would be more than she could deal with. She is just trying to figure out a way where his problems don't become her problems

He is (or will be) her problem as long as she is his landlord. If she is unwilling to terminate that relationship, then she lacks any legal leverage.

 

[quincy]

Here is a link to Ohio’s state law that addresses the storage of vehicles on private property:

https://law.justia.com/codes/ohio/2020/title-5/chapter-505/section-505-173/

An Ohio township potentially could charge your sister (the property owner) with a minor misdemeanor and issue daily fines for the open storage of junk vehicles on her property. You can call the township to see what (if any) ordinance might apply to your brother’s accumulation of junk.

Your sister could look into installing a privacy fence so the junk cannot be viewed by neighbors, or she can simply insist that your brother remove the junk (or do it for him). Junk accumulated outside can attract vermin.