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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for Ohio on
Q: What can I do about a shared driveway owner that won't maintain it?

I am not the owner of a shared driveway. The driveway owner doesn't maintain it and at times it gets almost unusable, until I call and pay someone to have it graded, which is basically just a band aid to make it usable.

Also, the driveway is approx. a quarter mile long.

James L. Arrasmith
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answered on Apr 1, 2024

In a situation involving a shared driveway where the owner is not properly maintaining it, you have a few options to address the issue:

1. Communicate with the owner: Try to have a friendly conversation with the driveway owner about the maintenance issues. Explain your concerns and see if...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Do the home owners need to file a 30 day eviction notice for me to leave?

I have been living on the propery and They are trying to move me out, yet I have been here for over 8 months, have mail sent here, and have given monetary value in the past to live on the premises. There is no paper lease, and the rent was a cash transaction, but there are conversations with time... View More

Joseph Jaap
Joseph Jaap
answered on Apr 1, 2024

Yes, the owners must give a 30 day written notice before filing the eviction. But an eviction filing is a permanent court record that can make it difficult for you to rent from a landlord who check's the court records, and most landlords check, and won't rent to someone with a prior... View More

2 Answers | Asked in Family Law and Adoption for Ohio on
Q: Hi, id like find out if it's possible to adopt my two step kids.

I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 31, 2024

The biological father must agree to the adoption under these circumstances. I he goes 1 year with providing support or contacting the children (without interference from you or your wife) you may be able to move forward without his consent. You should contact a family law attorney who also does... View More

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2 Answers | Asked in Family Law and Adoption for Ohio on
Q: Hi, id like find out if it's possible to adopt my two step kids.

I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More

Nicholas P. Weiss
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answered on Apr 1, 2024

Sorry, Todd! I disagree. You are usually right!

If the contact in May 2023 was just a brief contact then it is likely to be determined to be "de minimus". That means that the contact was so inconsequential that the court won't consider it for determining whether there was...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my landlord charge late fee for a eviction filing fee? Balance is paid, all but filing fee.

I was notified of the filing fee upon making the final payment, also landlord has been sending emails with incorrect amount due and asking how do I plan to pay. Is this a form of harassment. I received a 3 day notice for filing fees that have been partially paid....in ohio

James L. Arrasmith
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answered on Mar 31, 2024

In this situation, there are a few important considerations:

1. Late fees: Generally, landlords can charge late fees if they are specified in the lease agreement and are within the limits set by state law. In Ohio, late fees must be "reasonable" and cannot exceed $20 or 20% of the...
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1 Answer | Asked in Domestic Violence for Ohio on
Q: If the Petitioner reaches out and talks to the Respondent on the phone, can the Petitioner get in trouble?

Is it souly on the Rspondent to advoid these calls or can both be charged and arrested ?

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 31, 2024

Note automatically .The petitioner's Communications to the respondent can be used as evidence against the petitioner, However, if there is a protective order in force and the court has not specifically allowed communication under the specific circumstances you should not respond to the... View More

1 Answer | Asked in Domestic Violence for Ohio on
Q: If the Petitioner reaches out and talks to the Respondent on the phone, can the Petitioner get in trouble?

Is it souly on the Rspondent to advoid these calls or can both be charged and arrested ?

Todd B. Kotler
Todd B. Kotler
answered on Mar 31, 2024

Protection orders restrain the respondent, rather than the petitioner. I agree with my colleague, while the petitioner will not get in any kind of legal trouble, it will undermine their ability to maintain the order or in the event that it's only a temporary order and there's an upcoming... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Can i move states with my child without the fathers permission?

My childs father does not have sole custody and he does have to pay child support. There is no custody or visitation order through court but i do let him see his son on the weekends if hes not busy so its not a guaranteed every weekend. He is on the birth certificate so he is the established... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

If there truly is no custody order, parenting plan or visitation order on the record, and assuming you and father were never married, you may move. He has the right to file a motion to establish his rights however. You would be best served by investing in an attorney in the county in which you... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Am I liable for eviction if my landlord banned items without it being stated in the lease?

They sent out a notice banning space heaters, excessive TVs, fake fireplaces, mini fridges, microwaves and more but none of these things are in the lease. They don't have any banned items in the lease at all.

James L. Arrasmith
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answered on Mar 30, 2024

If your landlord has implemented new rules banning items like space heaters, TVs, and other appliances, but these were not originally included in your lease agreement, it can raise concerns about your rights and obligations. Generally, a lease agreement is a binding contract that outlines the terms... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Using a residential lease nonrenewal to retaliate in Ohio. Is there anything I can do?

I sued my landlord for unconscionable clauses in a lease and they are retalitating by not renewing my lease. The landlord kept increasing charges in the middle of yearly leases. I told them its illegal in Ohio w/o an addendum that both parties agree on. I took them to court but as a pro se... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

Not a darn thing. There is nothing in the law that compels a person to renew a lease once the term is ended. Leases are at their core, contracts. Alternatively, they could agree to renew but at a greatly inflated rate. There would be nothing to stop that either,

1 Answer | Asked in Consumer Law for Ohio on
Q: I live in Ohio and placed a telephone call to the customer service department of a large U.S. company. During the call,

I live in Ohio and placed a telephone call to the customer service department of a large U.S. company. During the call, individuals talking in the call center background made comments that were ridiculing and harassing towards me and were often heard mocking and laughing as I attempted to... View More

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about your distressing experience. In situations like these, documenting the incident in as much detail as possible is crucial. This includes noting the date, time, and any identifiable information about the call, such as the representative's name or employee number, if... View More

3 Answers | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Ohio on
Q: My father died in a car accident in August, disinherited my brother and I in his will..

He left everything to my children (two minors ages 8 and 6) to be held in trust until they reach 30 years old. He owns a home which I know he would want to be kept for them. He named a family friend to serve as the Executor of the will and Trustee for the kids. Well we were evicted from the place... View More

James L. Arrasmith
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answered on Mar 30, 2024

In your situation, it's crucial to understand that the legal dynamics surrounding estates, trusts, and real estate can be complex, especially when it involves minors and inherited property. Given the urgency of your eviction and the specific circumstances, seeking legal advice from an attorney... View More

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1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to my sister?

My mother died and there is a Transfer on Death affidavit so my sister gets the house. There is still a mortgage on the house. Can my sister be added to the mortgage without having the Ability-To_Repay rule be applied? That is, can she be added without looking at her credit history? We did not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 28, 2024

Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.

The CFPB issued an interpretation in 2014 stating:

the creditor's written acknowledgement of the successor as...
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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What can I file against a Writ of Possession in Ohio? Is it legal to evict when there's a disabled child in home?

I made a verbal agreement with an overseer of rental property about 6-8 years ago. Since then they have passed away. I wasn't able to make contact with the physical owner due to not living in the same state. I went to court in June 2023 for eviction and won. Went back two more times and lost... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

The landlord or owner of the property cannot evict you because there is a disabled person living there, if the tenant is otherwise in default they certainly may evict for the breach of the landlord-tenant agreement. The lawyer has a breach of the attorney client privilege if they did work for you.

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What can I file against a Writ of Possession in Ohio? Is it legal to evict when there's a disabled child in home?

I made a verbal agreement with an overseer of rental property about 6-8 years ago. Since then they have passed away. I wasn't able to make contact with the physical owner due to not living in the same state. I went to court in June 2023 for eviction and won. Went back two more times and lost... View More

Joseph Jaap
Joseph Jaap
answered on Mar 29, 2024

You'll need to talk to an attorney ASAP if you are being required to vacate by this weekend. Whether or not the writ was signed or has different dates, the sheriff could show up to execute on it and allow the landlord's moving crew to enter and remove all your belongings out to the curb.... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What can I file against a Writ of Possession in Ohio? Is it legal to evict when there's a disabled child in home?

I made a verbal agreement with an overseer of rental property about 6-8 years ago. Since then they have passed away. I wasn't able to make contact with the physical owner due to not living in the same state. I went to court in June 2023 for eviction and won. Went back two more times and lost... View More

James L. Arrasmith
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answered on Mar 30, 2024

Facing a Writ of Possession in Ohio, you have a few potential options to consider. Firstly, if the writ contains discrepancies, such as varying dates and lacks a judge's signature, you may be able to challenge its validity in court. It's also crucial to look into filing a motion to stay... View More

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: My wife had multiple allegations of drug abuse cop showed up CPS showed up we didn't answer the door got their card

Called them back they said an appointment else for the community take a drug test we went in took a mouth swab we told him THC would be the only thing and that the allegations will be over with now they're telling me they want to talk to my kids and see my home the allegations were made were... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

They cannot compel you or your kids to talk with them. The risk you run is that they will construe everything that occurs from that point afterwards with an eye towards your being uncooperative. It will not stop them from having increased scrutiny upon you, and talking to everyone you know and all... View More

2 Answers | Asked in Family Law for Ohio on
Q: my wife had allegations fro family member that we were using multiple drugs and only failed for weed what can CPS do

Now we said the aligation r over with weed is legal we failed for nothing else what's next step

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

A child welfare protection agency has broad powers. Depending on what else they find in their investigation, they do have the ability to either enact a safety plan with a family means that they will have increased scrutiny upon the family, file a complaint with the local juvenile court for... View More

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2 Answers | Asked in Family Law for Ohio on
Q: my wife had allegations fro family member that we were using multiple drugs and only failed for weed what can CPS do

Now we said the aligation r over with weed is legal we failed for nothing else what's next step

Nicholas P. Weiss
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answered on Mar 28, 2024

I wouldn't celebrate just yet. Marijuana is legal by state law. Alcohol is legal by state law. People still have investigations opened due to alcohol abuse. Many courts also still view marijuana use as a predictor of bad parenting. Unless you have a medical card I'd reduce my marijuana... View More

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2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: I want shared custody of my daughter but her mother won't do mediation. What can I do next?

I got to see my daughter twice for 3 hours in a year. We tried mediation and her mother didn't want to continue it. The magistrate said my options were to go to trial or get a lawyer? I'm not sure what each mean and what to do. I have another court date on April 23 at 1 pm.

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

Mediation is merely voluntary negotiations. This means that if the parties don't agree, as is your case the matter must be decided by the court. Courts decide matters by holding trials. If you truly want shared custody you need to invest in hiring a lawyer to represent you in court. Look... View More

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