All Forum Posts by: Paul Schmidt

1. Noted! Thank you. She works for a reputable firm but has played it very safe in terms of strategy, so I wanted to see if there were approaches I was missing.
2. Noted—I was thinking that it would be tacked on to this lawsuit instead of becoming its own lawsuit.

 As for signing a new lease, no. I asked him to sign a new lease when I purchased, but he said the only lease he would sign would have to have the same terms. This is my first rental property, and my first tenant, too, so I definitely wish I did things differently.

The lawsuit itself is not based on of the facts of the contract, so my attorney says that it's baseless; I'm not sure if that is enough to disqualify a "right to sue". As far as obligation to honor the agreement, I've spoken to two attorneys that weren't sure whether or not the right of first refusal gets "passed on" to me, or if it's only the rental agreement clauses.

1. No, I never received an offer and intend on holding this property for the long-term. Therefore, I haven't received an offer and the right of first refusal was never triggered (aside from when I purchased the property, but he didn't exercise his option then).
2. His latest settlement offer was $12k, so I'm pretty sure the only cash-for-keys he'd accept would a portion of his "equity".

Hey everyone,

I bought a duplex in Dayton, Ohio in Sept 2024 that came with an existing tenant. The inherited lease had a strange clause:
- The tenant had a right of first refusal to match any bona fide offer before lease-end, and
- Rent and upkeep expenses (like mowing) would count toward the purchase price if he bought the property.

In Nov 2024, I told the tenant I wouldn't be renewing the lease (ending April 2025). Instead of moving out, he sued me and my LLC (pro se), claiming:
- Breach of contract, promissory estoppel, specific performance, declaratory and injunctive relief,
- Plus $15K in “equity”, arguing that rent and expenses made him a tenant-in-common.

He also claimed a right to renew, though the lease clearly said renewal required mutual agreement. He initially added a Fair Housing claim (based on me seeing menorahs in the unit) but dropped it later.

My attorney filed a motion to dismiss, but it was untouched in court for 5 months. The tenant then amended his complaint, forcing us to refile. Meanwhile, my attorney recommends holding off on eviction until the civil case wraps up, since the eviction would likely be stayed anyway.

Legal fees are around $5K so far, and the tenant’s messages have become harassing, including threats like:
- "If I have to sue you and your Llc, it will tie you up in court for 1 to 2 years. You can avoid this by working with me and being sensible. What are your thoughts on this? You can either be a man and work out a deal or be foolish and spent tons of money and time and lose control of the property all for your ego... You can either sacrifice a little money or let me stay for another year or get tied up in a 1 to 2 year court battle that you can't win."
- "Be a man, Paul, not a weakling. Discuss this with me like an adult. Come to a win win or fail. Maybe you don't get it. I've worked in the law profession for over 20 years. I know my rights and how to protect them. Do the right thing Paul, or face the system."
- "Don't trust your Legal Shield attorney. She is incompetent.... Her law school testing results were awful."

Questions for the group:
1. Would you wait on eviction or file anyway?
2. Any chance of recovering attorney fees in this type of case?
3. Would a counterclaim or declaratory action help clear this up faster?

Appreciate any insight — especially from Ohio landlords or anyone who’s dealt with a tenant turning a lease clause into a lawsuit.

Thanks all for the messages! If anyone has any other tips/recommendations, I would still gladly take them!

Gratefully,
Paul

Howdy!

I'm moving to Dayton this month and am hoping to purchase my first home (>3b/>2b) or multi-family (2-4), with the hope of doing some renovating and then house-hacking! That said, I wanted to ask a few quick questions:

1. Are there any agents/realtors that you'd recommend who live in or are at least very familiar with the area? Still learning the market, but I'm open to anything from the $10k flips to the $250K cash-flowing multis.
2. What are, in your opinion, the most promising neighborhoods for a long-term investment? (I've lived in some of the rougher neighborhoods in Chicago and am OK with D/C-class neighborhoods, but don't want it to negatively inhibit finding high-quality tenants.)
3. Any other tips or recommendations you think are worth sharing?

Lastly, if anyone wants a rock climbing buddy or a triathlon pal, let me know! I'm looking forward to diving into the smaller-city community after having spent the past 7 years in Chicago and Mexico City. Very excited about the proximity of state parks, skiing/snowboarding, bike trails, rock climbing, horse farms, etc.