Quick answer

Under Ohio law, a person who holds a life estate (a life tenant) must not commit waste and generally must take ordinary care of the property. That means the life tenant must avoid voluntary destruction or major changes that reduce value (“voluntary waste”), must prevent the property from falling into disrepair (avoiding “permissive waste”), and must not make harmful permanent changes without the remainderman’s consent (ameliorative waste). A life tenant usually must pay property taxes and necessary expenses to protect the property, and a remainderman can sue to stop waste or recover damages. This article explains these rules in plain language, gives examples, and offers practical steps to protect both life tenants and remaindermen.

Detailed answer — what a life tenant must do in Ohio

1. The basic legal duty: avoid waste

Ohio follows long-established common-law principles about waste. A life tenant must not commit waste. Waste comes in three common forms:

• Voluntary waste: deliberate acts that permanently damage or remove valuable parts of the property (for example, tearing down a building, removing fixtures or cutting down valuable timber for sale without permission).
• Permissive waste: neglect that allows the property to deteriorate (for example, refusing to make ordinary or emergency repairs so that the roof collapses or mold spreads).
• Ameliorative waste: changes that increase value but materially alter the character of the property (for example, converting a historic home into commercial units without consent from the remainderman; courts can sometimes allow these if the change does not unfairly harm the future interest).

Because Ohio applies these common-law concepts, a life tenant must act to prevent both intentional and neglectful damage that reduces the remainderman’s future interest.

2. Ordinary repairs and maintenance

Ohio courts expect the life tenant to perform ordinary repairs and routine maintenance to keep the property in reasonable condition. Examples: fixing leaks, repairing a broken furnace, keeping the structure weather-tight, and maintaining essential systems. If a life tenant fails to make basic repairs and the property suffers loss, a remainderman can seek a court order to compel repairs or claim damages for the resulting decline in value.

3. Taxes, assessments, mortgages, and insurance

Common-law rules frequently require the life tenant to pay:

• Property taxes and local assessments that accrue during the life tenancy.
• Interest on any mortgage or liens that the life tenant personally incurs to preserve the property.

If the life tenant does not pay taxes or assessments, the property can be foreclosed or burdened, harming the remainderman. The specific allocation of mortgage principal and insurance responsibilities can vary depending on written agreements (the deed or will creating the life estate), so parties should check the instrument that created the life estate.

4. Profits, rents, and income from the property

A life tenant ordinarily may enjoy rents and profits from the property while they live there. However, if the life tenant profits by cutting timber, mining minerals, or selling substantial parts of the property, courts often require the life tenant to account to the remainderman for the value removed or converted, unless the deed specifically allows such actions.

5. When major repairs or improvements are needed

Major capital repairs or improvements (for example, replacing a roof, rebuilding after a fire, or installing a new foundation) may be the responsibility of the remainderman in equity if the expenditure will protect and preserve the remainderman’s future interest. In practice, courts may divide costs or require a remainderman to contribute if the improvement benefits both present and future interests. Because outcomes vary, parties often negotiate contributions or seek court guidance.

6. Remedies available to the remainderman

If a life tenant commits waste or neglects required maintenance, the remainderman can:

• Seek an injunction to stop ongoing waste.
• File a suit for damages or an accounting for profits improperly taken.
• Ask a court to authorize necessary repairs and apportion costs between life tenant and remainderman.

7. Where to find the law and why written documents matter

Ohio applies common-law waste doctrines, and many specific duties depend on the deed, will, or trust that created the life estate. Read the instrument that creates the life estate carefully because it can expand or limit the life tenant’s obligations. For statutory resources and text of Ohio law, see the Ohio Revised Code and search property-related chapters at the Ohio General Assembly’s code site: https://codes.ohio.gov/. For case law and court rules, check the Ohio courts’ website: https://www.supremecourt.ohio.gov/.

Hypothetical examples (how courts commonly view typical situations)

• Example A — Routine repair: A life tenant replaces broken windows and repairs the roof after a storm. This is ordinary maintenance and the life tenant is expected to do it.
• Example B — Neglect: A life tenant ignores a small leak for years until structural damage occurs. The remainderman can sue for permissive waste and seek damages or a court order for repairs.
• Example C — Removing fixtures: A life tenant removes built-in cabinetry and sells it. That may be voluntary waste; the remainderman can seek compensation for the value removed.
• Example D — Major improvement: A life tenant wants to add an addition that increases value and changes the character of the house. The remainderman may object; the court weighs fairness, necessity, and whether the change constitutes ameliorative waste.

Helpful hints

• Read the deed, will, or trust that created the life estate. It may set specific obligations or permissions that control over general rules.
• Keep records. Document maintenance, repairs, receipts, tax payments, and communications with the remainderman. This helps if a dispute arises.
• Communicate early. Life tenants and remaindermen should discuss large repairs, improvements, and major expenses before taking action.
• Pay property taxes and assessments on time. Failure to pay can create liens and reduce the remainderman’s interest.
• Obtain consent in writing before making non-routine alterations that could be seen as permanent or value-changing.
• Consider mediation if a dispute arises. Mediation can be faster and less expensive than litigation and may produce a practical allocation of repair costs.
• Consult an Ohio attorney about specific disputes. Courts apply equitable principles and facts matter—an attorney can advise on likely outcomes and remedies.

How a lawyer can help

An attorney can:

• Interpret the deed, will, or trust creating the life estate.
• Advise who must pay taxes, insurance, repairs, and whether proposed actions risk a waste claim.
• Negotiate agreements between life tenant and remainderman about repairs, improvements, or sale.
• File for court relief (injunction, accounting, partition, or damages) if waste or neglect is occurring.

Disclaimer

This article explains general legal concepts and common Ohio practices. It is not legal advice, does not create an attorney-client relationship, and may not reflect recent changes in the law. For advice about a specific situation, consult a licensed Ohio attorney who can review the deed, the facts, and applicable law.