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Questions Answered by Joseph Jaap
2 Answers | Asked in Land Use & Zoning and Tax Law for Ohio on
Q: Just took a walk on my property (OH). My neighbor chopped down a bunch of my trees and destroyed the boundary line fence
Joseph Jaap
Joseph Jaap
answered on Jun 25, 2022

Take photos, get a surveyor to mark the boundary, get an arborist to determine the value of trees lost and cost of replacement, and cost to replace fence. Contact your insurance agent, ask your neighbor to pay your monetary damages, and use the Find a Lawyer tab to retain a local attorney to... Read more »

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Landlord blackmailing me?

So, my landlord is my grandmother. She has been for the

past year. We have had no problems at all during this time

up until recently when we had a death in the family and

custody issues over my nieces. She wants custody while

my parents want custody. Well, today she... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 24, 2022

If a tenant does not have a written lease, then landlord can terminate the tenant's occupancy at the end of the paid-up rental period by giving 30 days written notice. Landlord's reason for termination doesn't matter. If tenant doesn't leave, landlord can evict the tenant by filing with the court.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Girlfriend went to jail for child endangering, she was high on something. What can I do? I'm the father

There is no court ordered child custody. This isn't the first time. Would it be easier to get mom to agree to custody for me or should I take it to court

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2022

File in Juvenile court for paternity and custody. Use the Find a Lawyer tab to retain a local family law attorney.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Is my landlord aloud to do this?

My landlord had people viewing the outside of our duplex without us knowing and i asked if she was selling the duplex and she said it was just word of mouth and it wasn’t listed for sale. 5 days later she tells me she is having people come in to view the inside, can she do this if it’s not... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2022

Ohio law allows a landlord access upon "reasonable notice," typically 24 hours, to show to prospective buyers or renters, and listing for sale or rent is not required. If you refuse, landlord could file to evict you, and at the eviction hearing, you could tell the judge your concerns... Read more »

1 Answer | Asked in Business Law for Ohio on
Q: If I own a company, and own a piece of property. Can I lease my property to my own company???
Joseph Jaap
Joseph Jaap
answered on Jun 21, 2022

Yes you can. Use the Find a Lawyer tab to retain a local attorney to advise you of the proper action your company should take to authorize leasing from you, and also to draft a lease. There might also be income tax issues, so talk to your business tax advisor.

1 Answer | Asked in Divorce for Ohio on
Q: Me and my wife been separated for 7 yrs and we don't really talk anymore I'm just trying to figure out to get divorced
Joseph Jaap
Joseph Jaap
answered on Jun 9, 2022

If you have been separated that long, and if you have already divided your property and assets, then you could terminate your marriage by filing for a dissolution -- but you both have to be able to agree on everything. Otherwise you file for divorce. Use the Find a Lawyer tab to talk to a local... Read more »

Q: My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.

The wording of this document... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney who can review the document, your current activities regarding other patents, and then advise you accordingly of any changes to the document before you sign it.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: While under contract to buy a home the seller created an easement with the neighbor. It was recorded 7 days after I clos

The easement was signed by the seller and my neighbor in August. My contract to purchase the home was July. I closed on the purchase on 8/31/2021 and the easement was recorded in sept.

Although I understand why an easement might be needed, I am not comfortable with the current language in... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2022

It is legally possible for a seller to grant an easement while still owning the property before the closing, although many purchase contracts say seller can't do that. But if seller does it anyway, the easement is still valid, but seller's action would be a breach giving the buyer a... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: When I turn 18, are my parents legally allowed to keep restrictions on my phone?

They limit what times I can be on it via software they downloaded. This also blocks certain apps and websites (Pinterest, LinkedIn, Amazon, ect. Very basic cites like that.) As of now, I will still be living with them when I turn 18, and will probably still be paying for the data plan.

Joseph Jaap
Joseph Jaap
answered on Jun 7, 2022

The person whose name is on the contract for the cell phone service can impose whatever restrictions they want on any of the phones registered under that contract.

2 Answers | Asked in Estate Planning for Ohio on
Q: I owe more on my home then it’s worth. Does the beneficiary of my small life insurance have to use it on the house,

My house has foundation issues so no one will buy it.

Joseph Jaap
Joseph Jaap
answered on Jun 6, 2022

Life insurance benefits are paid directly by the insurance company to the beneficiary named by the policy owner. That money is not part of the homeowner's estate. The executor of the homeowner's estate will have to decide what to do with the house, and could transfer it to the mortgage... Read more »

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can an inspection notice be for 2 weeks and they come in whenever during that time? Online it’s saying 24-48hr heads up

This is not a24-48 hr heads up My inspection notice is for June 6-20 from 9-6pm including weekends..

Is this allowed?? I’m researching and see you have to have a24-48 hour heads up when knowing if someone is to be entering your apartment and this doesn’t feel like a heads up. Inspection... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 6, 2022

Ohio law only requires that landlord must give "reasonable notice," but does not define what is reasonable beyond saying that 24 hours is "presumed" reasonable. https://codes.ohio.gov/ohio-revised-code/section-5321.04 Ohio law also requires landlords to keep the premises fit... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: My 80 yr old mother receives monthly payments as a result of a divorce over 20+ years ago. Her ex passed away this year.

She was told that her payments each month will be reduced if she did not produce an original death certificate. Her ex-husband remarried . Is it possible for her to request a death certificate or not? She does not own or use a computer so I am asking the question on her behalf.

Joseph Jaap
Joseph Jaap
answered on Jun 6, 2022

A death certificate is a public record. She can request one from the county office in which it was filed by calling them and finding out how to submit a request and the amount of the fee.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Is my husband allowed to sell a car that’s in his name but I helped pay for from under me
Joseph Jaap
Joseph Jaap
answered on Jun 3, 2022

If his name was the only one on the vehicle title, then his signature alone was sufficient to legally sell the vehicle. It does not matter whose money paid for it. The signature of a spouse is not required if that spouse's name is not also listed on the title. Dividing up the money from the... Read more »

2 Answers | Asked in Family Law and Probate for Ohio on
Q: My father died and his money was given over to my aunt since I was a minor, she apparently put it in a fund & I want it

My father's obituary says I have a trust fund and my aunt is the person who holds the money at a bank. I can't figure out which bank it is or how much money is there/or was spent but I feel like I'm being lied to. I need help.

Joseph Jaap
Joseph Jaap
answered on Jun 2, 2022

Contact your aunt and ask for a copy of the trust agreement. Then use the Find a Lawyer tab to retain a local estate planning attorney to review the trust with you and advise you of your options.

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Company with two similar of the same company name in the same state

Hello,I own a landscaping business it’s been established since 2019 . In 2021 I noticed a new landscaping company With too much of a similarity to my company name. It wasn’t a problem till a this months when We started receiving backlash and constant phone calls of upset clients of theirs .... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 1, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney to review the facts and discuss sending a cease and desist letter raising issues of unfair competition, deceptive trade practices, and infringement against the other company.

2 Answers | Asked in Divorce for Ohio on
Q: My divorce got finalized a few months ago. I just found out he was hiding money. Is there anything I can do ?

He left 7 cents in the joint account where my paychecks went to and made it seem like he was broke and struggling. He had over $20,000 in one of his accounts. I’ve been having car problems, driving an hour to and from work and ended up moving a few hours away because he kept harassing me, would... Read more »

Joseph Jaap
Joseph Jaap
answered on May 25, 2022

Contact the lawyer that handled your divorce and discuss the new financial information you have discovered. Or if you did not have an attorney, use the Find a Lawyer tab to retain an attorney to review the situation and advise you.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Issue with neighbor house

I own a home in Ohio that was built in the early 1900’s along with its surrounding homes. It’s in a neighborhood where the houses are very close together, but the house to the left of ours is abnormally close like 4ft. They are missing gutters along that side of the house that borders ours and... Read more »

Joseph Jaap
Joseph Jaap
answered on May 24, 2022

Tell them you will talk to the local building dept. which might issue a building code violation. Or you could sue them for any damages caused by the excessive water.

2 Answers | Asked in Family Law for Ohio on
Q: I live in Oregon and my children live in Ohio with their father. I have the kids during the summer and holidays. Today

A detective called me and said my ex husband is under investigation. I need to file for emergency custody, but I'm not sure how to.

Joseph Jaap
Joseph Jaap
answered on May 18, 2022

What you do depends on if you are currently married to the father, never married to him, or divorced with a court-ordered parenting plan currently in effect. Use the Find a Lawyer tab to contact a family law attorney in the county where the children reside review the situation and advise you of... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: Grandparent visitation. I’m the mother the paternal grandmother is requesting a schedule that is unrealistic.
Joseph Jaap
Joseph Jaap
answered on May 18, 2022

If you can't resolve it with her to find a mutually agreeable schedule, then attend the hearing and present your plan to the judge. Use the Find a Lawyer tab to retain a local family law attorney to assist you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: What rights as a tenant do I have after moving out of almost 5 years? Like how much is my responsibility?

I’m charged over 13,000$

Deposit, rent credits so it’s 10,900

But I feel charged are extremely excessively high

Like paint 600$ Carpet? New doors, trim?

So where would I stand?

Joseph Jaap
Joseph Jaap
answered on May 16, 2022

A tenant is only responsible for any damages beyond normal wear and tear. A landlord must give tenant an itemized list of damage within 30 days after tenant vacates. If tenant refuses to pay, then landlord can sue, but landlord must prove that the damage exceeds normal wear and tear. Routine... Read more »

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