reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1310.74 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.74 | Lessor's Damages for Non-Acceptance, Failure to Pay, Repudiation or Other Default - Ucc 2a-528.

Effective: June 29, 2011|Latest Legislation:  House Bill 9 - 129th General Assembly|(A) Except as otherwise provided with respect to damages liquidated in the lease agreement pursuant to section 1310.50 of the Revised Code or otherwise determined pursuant to the agreement of the parties as provided in section 1301.302 and section 1310.49 of the Revised Code, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under division (B) of section 1310.73 of the Revised Code or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in division (A) or (C)(1) of section 1310.69 of the Revised Code or, if agreed, for other default of the lessee all of the following: (1) Accrued and unpaid rent as of the date of default, if the lessee has never taken possession of the goods or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor;(2) The present value as of the date determined under division (A)(1) of this section of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term;(3) Any incidental damages allowed under section 1310.76 of the Revised Code, less expenses saved in consequence of the lessee's default.(B) If the measure of damages provided in division (A) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under section 1310.76 of the Revised Code, due allowance for costs reasonably incurred, and due credit for payments or proceeds of disposition.
Ohio Rev Code § 1310.76 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.76 | Lessor's Incidental Damages - Ucc 2a-530.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of goods after the lessee's default, in connection with the return or disposition of the goods, or otherwise in connection with the default.
Ohio Rev Code § 1310.77 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.77 | Standing to Sue Third Parties for Injury to Goods - Ucc 2a-531.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract, the lessor has a right of action against the third party, and the lessee also has a right of action against the third party if the lessee has a security interest in the goods, has an insurable interest in the goods, or bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.(B) If, at the time of the injury, the plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his suit or settlement, subject to his own interest, is as a fiduciary for the other party to the lease contract.(C) Either party with the consent of the other may sue for the benefit of whom it may concern.
Ohio Rev Code § 1310.78 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.78 | Lessor's Rights to Residual Interest - Ucc 2a-532.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|In addition to any other recovery permitted by sections 1310.01 to 1310.78 of the Revised Code or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee.
Ohio Rev Code § 1311.01 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.01 | Lien Definitions.

Effective: March 30, 2007|Latest Legislation:  House Bill 487 - 126th General Assembly|As used in sections 1311.01 to 1311.22 of the Revised Code:(A) "Owner," "part owner," or "lessee" includes all the interests either legal or equitable, which such person may have in the real estate upon which the improvements are made, including the interests held by any person under contracts of purchase, whether in writing or otherwise.(B) "Material supplier" includes any person by whom any materials are furnished in furtherance of an improvement.(C) "Laborer" includes any mechanic, worker, artisan, or other individual who performs labor or work in furtherance of any improvement.(D) "Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with any person other than the owner, part owner, or lessee.(E) "Original contractor," except as otherwise provided in section 1311.011 of the Revised Code, includes a construction manager and any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with an owner, part owner, or lessee.(F) "Construction manager" means a person with substantial discretion and authority to manage or direct an improvement, provided that the person is in direct privity of contract with the owner, part owner, or lessee of the improvement.(G) "Notice of commencement" means the notice specified in section 1311.04 of the Revised Code.(H) "Notice of furnishing" means the notice specified in section 1311.05 of the Revised Code.(I) "Materials" means all products and substances including, without limitation, any gasoline, lubricating oil, petroleum products, powder, dynamite, blasting supplies and other explosives, tools, equipment, or machinery furnished in furtherance of an improvement.(J) "Improvement" means constructing, erecting, altering, repairing, demolishing, or removing any building or appurtenance thereto, fixture, bridge, or other structure, and any gas pipeline or well including, but not limited to, a well drilled or constructed for the production of oil or gas; the furnishing of tile for the drainage of any lot or land; the excavation, cleanup, or removal of hazardous material or waste from real property; the enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any shrubs, trees, plants, vines, small fruits, flowers, or nursery stock of any kind; and the grading or filling to establish a grade.(K) "Wages" means the basic hourly rate of pay and all other contractually owed benefits.
Ohio Rev Code § 1311.02 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.02 | Lien of Subcontractor, Laborer or Materialman.

Effective: March 30, 2007|Latest Legislation:  House Bill 487 - 126th General Assembly|Every person who performs work or labor upon or furnishes material in furtherance of any improvement undertaken by virtue of a contract, express or implied, with the owner, part owner, or lessee of any interest in real estate, or the owner's, part owner's, or lessee's authorized agent, and every person who as a subcontractor, laborer, or material supplier, performs any labor or work or furnishes any material to an original contractor or any subcontractor, in carrying forward, performing, or completing any improvement, has a lien to secure the payment therefor upon the improvement and all interests that the owner, part owner, or lessee may have or subsequently acquire in the land or leasehold to which the improvement was made or removed.
Ohio Rev Code § 1311.03 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.03 | Lien Upon Street, Turnpike, Road, Sidewalk, Way, Drain, Ditch or Sewer.

Effective: March 30, 2007|Latest Legislation:  House Bill 487 - 126th General Assembly|Any person who performs labor or work or furnishes material, for the construction, alteration, or repair of any street, turnpike, road, sidewalk, way, drain, ditch, or sewer by virtue of a private contract between the person and the owner, part owner, or lessee of lands upon which the same may be constructed, altered, or repaired, or of lands abutting thereon, or as subcontractor, laborer, or material supplier, performs labor or work or furnishes material to such original contractor or to any subcontractor in carrying forward or completing such contract, has a lien for the payment thereof against the lands of the owner, part owner, or lessee, upon which the street, turnpike, road, sidewalk, way, drain, or sewer is constructed or upon which any such street, turnpike, road, sidewalk, way, drain, ditch, or sewer abuts, as provided in section 1311.02 of the Revised Code.
Ohio Rev Code § 1311.07 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.07 | Copy of Affidavit to Be Served on Owner or Lessee.

Effective: April 10, 1991|Latest Legislation:  House Bill 238 - 118th General Assembly|Any person filing an affidavit pursuant to section 1311.06 of the Revised Code shall serve a copy of the affidavit on the owner, part owner, or lessee of the improved property or his designee, within thirty days after filing the affidavit. If the affidavit cannot be served in accordance with section 1311.19 of the Revised Code, then the person shall serve the copy by posting it in some conspicuous place on the premises of the improved property within ten days after the expiration of the thirty days.
Ohio Rev Code § 1311.08 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.08 | Lien When Improvement Situated on Same or Contiguous or Adjacent Lots.

Effective: April 10, 1991|Latest Legislation:  House Bill 238 - 118th General Assembly|Where an improvement consists of two or more buildings united together, situated on the same lot or upon contiguous or adjacent lots, or of separate buildings upon contiguous or adjacent lots, or where work or labor has been performed or material has been furnished for improvements which are located on separate tracts or parcels of land but operated as an entire plant or concern, and erected under one general contract, the lien for the labor or work performed or material furnished attaches to all such improvements, together with the land upon, around, or in front of which such labor or work is performed or material is furnished, the same as provided in sections 1311.02 and 1311.03 of the Revised Code in case of a single improvement, and it is not necessary to file a separate lien for each improvement.Provided that where a lien attaches pursuant to this chapter to contiguous or adjacent lots, on which lots separate dwelling units designed to be separately sold have been or are being constructed, except with respect to any person who performs labor or work or furnishes material for the construction, alteration, or repair of any street, turnpike, road, sidewalk, way, drain, ditch, or sewer by virtue of a private contract between him and the owner, part owner, or lessee of lands upon which the same may be constructed, altered, or repaired, or of lands abutting thereon, the lien rights on any lot on which all construction has been completed and which has been conveyed to a purchaser for value shall terminate either sixty days from the date on which the last labor or work was performed or material furnished in connection with the construction on any of such lots, or sixty days after the instrument of conveyance to the purchaser separating the lot from the contiguous or adjacent lots is filed for record, whichever date is earlier, unless and except for lien rights which are evidenced by an affidavit or affidavits filed for record in accordance with section 1311.06 of the Revised Code before the expiration of the sixty-day period.
Ohio Rev Code § 1311.09 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.09 | Lien When Contracting Person Has No Title to Land Improved.

Effective: April 10, 1991|Latest Legislation:  House Bill 238 - 118th General Assembly|Any person performing labor or work or furnishing material for the erection of a new building or structure upon land to which the person contracting for the erection has no legal title or to which the title is defective, has a lien therefor upon the building or structure, and the forfeiture or surrender of any title, claim of title, or equitable interest by the contracting person to the land does not defeat the lien upon the building or structures of the person performing labor or work or furnishing material. In case the property covered by a lien is held by the vendee in a land contract or by a lessee, and he surrenders or forfeits his rights thereunder, the person holding the liens may be subrogated to the rights of the vendee or lessee, as his rights existed immediately before the surrender or forfeiture, by performing the covenants contained in the contract or lease within thirty days after the lien claimant has actual notice of the forfeiture. Any lien claimant may pay off any prior recorded lien, encumbrance, or mortgage and then is subrogated to all the rights of the prior holder of the lien, encumbrance, or mortgage.
Ohio Rev Code § 1311.10 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.10 | Presumptions.

Effective: April 16, 1993|Latest Legislation:  Senate Bill 338 - 119th General Assembly|(A) Any person who contracts for an improvement to real property which gives rise to lien rights under sections 1311.01 to 1311.22 of the Revised Code is presumed to be the authorized agent of all part owners of the real property, except when the relationship between the person contracting for the improvement and the other part owners is that of lessee and lessor or sublessee and sublessor.(B) Any person who contracts for improvements provided in a home construction contract, as defined in section 1311.011 of the Revised Code, is presumed to be the agent for his spouse.(C) The presumptions established by this section may be overcome only by clear and convincing evidence.
Ohio Rev Code § 1311.12 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.12 | When Lien for Furnishing Materials Arises.

Effective: March 30, 2007|Latest Legislation:  House Bill 487 - 126th General Assembly|(A) A mechanic's lien for furnishing materials arises under sections 1311.01 to 1311.22 of the Revised Code only if the materials are:(1) Furnished with the intent, as evidenced by the contract of sale, the delivery order, delivery to the site by the claimant or at the claimant's direction, or by other evidence, that the materials be used in the course of the improvement with which the lien arises;(2) Incorporated in the improvement or consumed as normal wastage in the course of the improvement;(3) Specifically fabricated for incorporation in the improvements and not readily resalable in the ordinary course of the fabricator's business even if not actually incorporated in the improvement;(4) Used for the improvement or for the operation of machinery or equipment used in the course of the improvement and not remaining in the improvement, subject to diminution by the salvage value of those materials; or(5) Tools or machinery used on the particular improvement, subject to division (C) of this section.(B) The delivery of materials to the site of the improvement, whether or not by the claimant, creates a conclusive presumption that the materials were used in the course of the improvement or were incorporated into the improvement.(C) A mechanics' lien for furnishing tools or machinery which arises under division (A)(5) of this section is limited to either of the following:(1) If the tools or machinery are rented, the lien is for the reasonable rental value for the period of actual use and any reasonable period of nonuse taken into account in the rental contract.(2) If the tools or machinery are purchased, the lien is for the price, but the lien only arises if the tools or machinery were purchased for use in the course of the particular improvement and have no substantial value to the purchaser after the completion of the improvement on which they were used.(D) All of the deliveries or the sales, or both, by a material supplier of materials, including tools and machinery to or for an improvement, as ordered or purchased by an owner, original contractor, or subcontractor, shall give rise to one mechanics' lien for the unpaid portion of the sales to that owner, original contractor, or subcontractor. Nothing in this division shall prohibit the filing of more than one lien if a material supplier sold materials to more than one owner, original contractor, or subcontractor for the same improvement.
Ohio Rev Code § 1311.15 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.15 | Superiority of Liens - Assignment - Direct Payment of Claim of Subcontractor, Materialman or Laborer.

Effective: March 30, 2007|Latest Legislation:  House Bill 487 - 126th General Assembly|(A) The lien of a subcontractor is superior to any already taken or to be taken by the original contractor in respect of the same labor, work, or material, and the liens of laborers, material suppliers, and subcontractors to an original contractor or subcontractor, are superior to any lien already taken or to be taken by such original contractor or subcontractor indebted to them in respect of such labor, work, or material. An assignment or transfer by the original contractor or subcontractor, of the contract with the owner or original contractor, as well as all proceedings in attachment, or otherwise, against the original contractor or subcontractor, to subject or encumber the original contractor's or subcontractor's interest in such contract, is subject to the claims of every laborer, subcontractor, or material supplier who performs any labor or work or furnishes any material in furtherance of any improvement in accordance with this chapter.(B)(1) An owner, part owner, lessee, or public authority may pay directly the claim of any subcontractor or material supplier who serves a notice of furnishing pursuant to section 1311.05 or 1311.261 of the Revised Code, or the claim of any laborer. If the owner, part owner, lessee, or public authority pays such claim, the owner, part owner, lessee, or public authority has a right to a setoff or credit, in an amount equal to the amount paid, against the original contractor or principal contractor who employed the subcontractor, material supplier, or laborer paid by the owner, part owner, lessee, or public authority under division (B)(1) of this section.(2) A principal contractor, an original contractor, or a subcontractor may pay directly the claim of any subcontractor or material supplier who serves a notice of furnishing pursuant to section 1311.05 or 1311.261 of the Revised Code, or the claim of any laborer. A principal contractor, original contractor, or subcontractor who pays such a claim has a right to a setoff or credit, in an amount equal to the amount paid, against the subcontractor who employed the subcontractor, material supplier, or laborer paid by the principal contractor, original contractor, or subcontractor under division (B)(2) of this section.(C) The failure of an original or principal contractor, subcontractor, material supplier, or laborer to properly exercise the rights provided by this chapter does not limit the right to pursue any other legal or equitable remedy.
Ohio Rev Code § 1311.16 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.16 | Proceeding by Person Holding Mechanic's Lien.

Effective: April 10, 1991|Latest Legislation:  House Bill 238 - 118th General Assembly|Any person holding a mechanic's lien, in addition to the remedies provided for in sections 1311.01 to 1311.22 of the Revised Code, may proceed by petition, as in other cases of liens, against the owner and all other persons interested, either as lienholders or otherwise, in any improvement, or street, turnpike, road, sidewalk, way, drain, ditch, or sewer, as mentioned in section 1311.03 of the Revised Code, and the lot or land on which it stands or to which it may be removed, and obtain such judgment therein for the rent or sale thereof as justice and equity require. When judgment is rendered in the proceeding in favor of the parties succeeding therein, the court may allow reasonable attorney fees to be paid out of the fund realized for lien claimants.
Ohio Rev Code § 1311.17 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.17 | Adjustment of Claim When Owner Fails to Perform.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When the owner, part owner, or lessee fails to perform his part of the contract, and by reason thereof the other party without his default, is prevented from completely performing his part, he is entitled to a reasonable compensation for as much thereof as he has performed in proportion to the price stipulated for the whole, and the court shall adjust his claim accordingly.
Ohio Rev Code § 1311.18 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.18 | Sale of Part of Premises.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Under section 1311.16 of the Revised Code, if any part of the premises can be separated from the residue and sold without damage to the whole, and if the value thereof is sufficient to satisfy all the claims proved in the case, the court may order a sale of that part, if it is for the best interest of all parties concerned.