Professional Documents
Culture Documents
Translation task 03.05- 04.05. (Ла 91,92,93)
Translation task 03.05- 04.05. (Ла 91,92,93)
Types of land records. In Ohio, the main land records are maintained by county
recorders. The most important are the registers of real estate transfer certificates
and mortgage deeds, as well as the general index of these registers. Another
important register is the "land cadastre". Registration of land requires a court
procedure to establish the status of the title to the property. Once this status is
established, a registration certificate is issued and all subsequent transactions and
applications are recorded in it. The county registration office also keeps
topographical maps of the area and maps in horizontal projection. Other officials at
the county level also maintain important land registers. The county auditor and the
county treasurer (head of the financial department) are responsible, among other
things, for recording the payment of real estate taxes. The clerk of a common law
court keeps the relevant records in his or her court. Probate court records are also
extremely important in determining the ownership status of property. The county
sheriff maintains records of foreign judgments in cases that originated in the
county (foreign judgments are judgments issued by courts in other states).
Legal title search; perfect title. A complete title search can be quite complex. In
Ohio, such an investigation is not required. The rules for perfect title are set forth
in a statute. Under this statute, if a legal title search shows that there has been no
interruption in the process of successive transfers over the past 40 years, this is
considered evidence of "fee simple (absolute) title", which suggests that the person
holding title at the time has fee simple title, i.e., the right to transfer it.
Obligations of the Tenant. The tenant's basic obligations are to: (1) use and
maintain the premises in a proper manner; (2) not disturb the neighbors; and (3)
timely make the rent or lease payments.
Security Deposits. Landlords often require new tenants to make a security deposit
(commonly equal to one month's rent). The purpose of the deposit is to cover
unpaid rent and any damage to the rental property caused by the tenant. If the
deposit is more than $ 50 or one month's rent (whichever is greater), and the tenant
is in possession for six months or more, the landlord is required to credit the
deposit with five percent interest. Within 30 days after a tenancy is ended, the
landlord must refund the deposit plus interest and less valid deductions.
Rent Withholding. A tenant in a building having four or more dwelling units may
withhold rent if the tenant reasonably believes the landlord has failed to live to the
la- up ndlord's obligations, or if the landlord is found to be in violation of any law
or regulation affecting health or safety. In order to withhold rent, the tenant must
be current in his rent payments and give the landlord 30-days' notice of his
intention to withhold rent. If the pr- oblem is not fixed, the tenant may withhold
rent by depositing the rent payments with the clerk of the local municipal or county
court. At the direction of the court, the rent withheld may be applied to correct the
problem, or the court may order the monthly rent reduced until the problem is
remedied.
10
Eviction as reprisal. If a tenant has exercised their right to withhold rent, the
landlord cannot retaliate by raising the rent, cutting off services or attempting to
evict them. The actions of the landlord are not considered reprisals if: the tenant
created the problem on the basis of which the rent is being withheld; the tenant is
in arrears with the rent; the tenant continues to live in the premises even though the
lease has expired; or the solution to the problem requires demolition of the
building or reconstruction on such a scale that the tenant will lose his or her
premises. Raising the rent to modernise the premises or to cover the increased
costs of maintaining the building is not considered reprisals. If the landlord acts in
a repressive manner, the tenant has the right to return to the premises (if evicted),
terminate the lease, or use the landlord's repressive action as a basis for defending
against eviction. The tenant may also be entitled to compensation for losses
incurred and (within reasonable limits) for the hiring of a lawyer.
Eviction. As a prerequisite for eviction, the landlord must give the tenant at least 3
days' notice. The notice must include a recommendation that the tenant seek legal
advice if he or she is unsure of his or her rights. The summons issued by the court
to the tenant must inform that the tenant: (1) cannot be evicted unless his right to
occupy the premises has expired (the tenant's right to occupy the premises expires
if, for example, the lease expires or if the tenant breaches the agreement); (2)
cannot be evicted as a result of reprisals by the landlord for exercising his rights;
(3) if he has deposited the rent with the court, he must continue to deposit it and
may be evicted if he fails to do so; (4) he has the right to ask the court to order a
jury trial in an eviction case; and (5) he has the right to legal advice. In any
eviction case, the court determines who has the right to the rented or leased
premises and may also determine all rights and responsibilities of the landlord and
tenant.
SEC. 11. Річний звіт. Наприкінці кожного календарного року Рада подає
Комісії річний звіт, в якому детально описує свою роботу та досягнення за
рік і рекомендує заходи, які необхідно вжити з метою покращення умов, що
впливають на практику надання ріелторських послуг на Філіппінах.
12
SEC. 14. Кваліфікація кандидатів на складання іспитів. Для того, щоб бути
допущеним до ліцензійного іспиту на надання ріелторських послуг, кандидат
повинен на момент подачі своєї заяви довести до відома Ради, що він/вона
володіє наступною кваліфікацією: