Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Joseph Jaap
1 Answer | Asked in Construction Law for Ohio on
Q: I hired a roofer to put a new roof & gutters on but 5 months later they are still not done.

I hired them in May and its the end of October and they have only 10 percent left to do. I have paid them 2/3 of the contract but I cant get them to come out and finished the job. they keep telling me they are really busy. Can I just not pay them the rest and hire someone else to finish or do I... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 23, 2020

If you hire someone else to finish, the roofer can put a mechanic's lien on your house. That will make things messy. The roofer's contract might not have had all the required consumer protection terms, so if it went to court, the contract might be deemed invalid. If the roofer... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: We tried that but we are told because we are on Social Security, we need a lawyer !
Joseph Jaap
Joseph Jaap answered on Oct 22, 2020

If you have been advised to retain an attorney, use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Contracts for Ohio on
Q: How do we take our son off as our POA ?
Joseph Jaap
Joseph Jaap answered on Oct 22, 2020

Send him written notice of termination. If it is a financial POA, also notify any banks, insurance companies, or others with whom you might have business dealings that his POA has been terminated. If it is a health care POA, notify your doctors and other medical facilities where you are a patient.

2 Answers | Asked in Divorce for Ohio on
Q: My mother is separated from an abusive long term relationship. What are some of her rights she should be aware of?

Right now divorce is not on the table, they are receiving separate counseling. My father is volatile, and I would not like her to be caught off guard. What are some things she should keep in mind going forward if my father tries to surprise her with divorce papers?

Joseph Jaap
Joseph Jaap answered on Oct 22, 2020

That is a conversation she should have in private with her attorney. Too much depends on the specifics of her situation - finances, age, health, employment, etc. She should use the Find a Lawyer tab to retain a local divorce attorney who can meet with her to discuss her situation and how she can... Read more »

View More Answers

1 Answer | Asked in Family Law for Ohio on
Q: My mother has full custody of me, but I'm still in high school,I wanted to know if I still have to live with her

My father and she went to court to fight for custody when I was younger but it was determined that I'd live with her, she recently wanted to move to a different state but I want to finish my schooling, I wanted to know if I could live here without her, without getting into legal trouble with... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 22, 2020

She would have to notify the court of her intent to relocate, and your father would be notified, and he could then apply for a change in the custody arrangement. Talk to your mother and father about it.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I live in ohio, I rent. Can evict my ex who is not on the lease myself?

He refuses to leave and is NOT on the lease. Can I evict him myself? The clerk of courts told me I can print off a 30 day eviction and serve him . id rather not get my landlord invovled

Joseph Jaap
Joseph Jaap answered on Oct 20, 2020

Some courts allow a tenant to evict an occupant, other courts require the landlord to evict. Check with your local court or use the Find a Lawyer tab to retain a local attorney to advise you. Court personnel might not answer questions or give correct answers.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My dad passed 9 mths ago as per will if siblings is not agreeable property to be sold. What next

my brother state he will buy me out. But he has live in the property for 9 mths taxes is past due no insurance on house. Please help

Joseph Jaap
Joseph Jaap answered on Oct 20, 2020

If the will has been submitted to probate, and the court has appointed an executor, then the executor must follow the terms of the will and sell the property if there is no agreement among siblings. The probate court would have to approve any potential sale. The executor also must take proper... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: My landlord got into an agurement with my boyfriend who isn't on the lease but she knew he was staying here. And now she

she says she doesn't want him here and that she'll give me a great recommendation. Is that legal? I've just signed a one-year lease with her.

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

It depends on what your lease says about having other occupants stay in your premises. If she tries to evict you, then use the Find a Lawyer tab to retain a local real estate attorney who handles eviction matters to review the situation and advise you. Note that an eviction is a permanent public... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: We signed a lease but have not moved in yet. We haven't paid first month lease amount. Are we able to get out

Leasing agent told us 1210 but they put 1220 on our lease we are supposed to move 10/24 but possibility of 10/21 if they send us new lease can we get out of it with new date?

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

You'll have to work it out with landlord. If you signed a lease, then fail to move in and pay rent, landlord can sue you for breach of the lease. Use the Find a Lawyer tab to retain a local real estate attorney who can review the lease and all the facts, and then advice you of your options... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord renege on a lease renewal

Can a landlord last minute decided on not renewing the lease renewal after tenant agreed to new terms and rent increase..tenant has been a resident for over ten years. With the pandemic tenant had no intentions on moving due to being at high risk with some health issues . the lease renewal was hand... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

You'll have to retain a local attorney to review the lease, the renewal provisions, and all the facts and then represent you if landlord files an eviction. Use the Find a Lawyer tab to find a local attorney who handles evictions.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Ohio on
Q: I got pulled over for the first time the other day for going 80 in a 65 and since I’m 16 I need to appear in court.

Will they take away my liscence? Give me a ticket? Or make me take an additional driving class? Also would they drug test me?

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

All of those penalties are up to the judge, who will likely feel that an inexperienced driver going 80 mph is totally irresponsible, and endangers the lives of others. Driving is a privilege, not a right, so when you endanger others, expect not to be driving for a while. Use the Find a Lawyer tab... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: My sister is filing for emergency custody of my almost 12 year old daughter, what are my options?

I chose for my daughter to go to my sisters due to an investigation in the home, the person being accused is not in the home and turned themselves into police August 3 this year. Since my daughter has been with my sister, it has been nothing but chaos and threats and harassment from my sister and... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

Use the Find a Lawyer tab to retain a local family law attorney to review the situation and represent you in the custody proceedings.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I live in Ohio, and I am curious where I can find information about duplex housing laws?

Does a landlord need to give both tenants notice prior to entry or work being done? Right now the downstairs is empty and I live upstairs, and random workers keep coming in to do work downstairs without our knowledge. It can be unsettling finding a random person in the house, so I want to know... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2020

There are no landlord-tenant laws specific to duplex units. Landlord must give tenant reasonable notice before entry, typically 24 hours. But there is no real penalty if landlord doesn't. You could call the police, but they are unlikely to do anything. Landlord-tenant law is at this link:... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Just bought home in HOA. They want us to remove one of the preexisting sheds. Do we have to?

We have paperwork in our closing that there are no violations at this property. Also property assessment showing two sheds. Two neighbors have said this metal shed has been there over 5 years. Do we have any legal recourse to fight this?

Joseph Jaap
Joseph Jaap answered on Oct 13, 2020

Sure, you can fight it. But the HOA can spend a lot of money on litigation to try to enforce its rules. If it has been there 5 years, then you might be able to win, but it could be expensive. Use the Find a Lawyer tab to retain a local real estate attorney who deals with HOAs to review the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If i rent a room in ohio with out a lease can the landlord /owner of the property go through my personal items?
Joseph Jaap
Joseph Jaap answered on Oct 13, 2020

If the landlord/owner does that, you could sue for invasion of privacy, and the landlord/owner could evict you since you don't have a lease.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: my landlord has been accepting my rent with an expired lease and did not give me 30 day notice to, but filed an eviction

Prior to the eviction notice, I was served 3 days to vacate the premises. I contacted the rental office to rectify and renew, I was told they could not. I appeared in court, but the judge dismissed the case due rental company accepting payments and different lease expiration dates. What rights do... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 12, 2020

If your rent becomes past due again, landlord must follow the proper eviction process, which requires a 3 day notice, then filing an eviction complaint. If landlord does not follow the proper process, then attend the eviction hearing and testify accordingly. The federal Center for Disease Control... Read more »

1 Answer | Asked in Civil Rights and Juvenile Law for Ohio on
Q: Can a 19 year old date a 16 year old who’s turning 17. Me and my boyfriend are 2 years and 4 months apart.

Can they also engage in sexual activity

Joseph Jaap
Joseph Jaap answered on Oct 12, 2020

Engaging in that activity would be a criminal offense, and the older person could be classified as a sex offender.

1 Answer | Asked in Probate for Ohio on
Q: My divorced brother died in July. His ex-wife’s name is still on the mortgage. Is she responsible for pay?

The mortgage loan is upside down/exceeds the value of the house by about $32,000 so no one (his adult children or siblings) wishes to purchase the house for the amount owed on the loan. We just found will and I (Sister) am named executor. Does ex-wife have any say so about his estate selling... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 9, 2020

She could be responsible. It depends on the terms of the divorce. If the terms of the divorce required him to be responsible for the repayment or refinance, then his estate is liable to pay it. Otherwise both she and his estate are liable to pay it. HIs executor should use the Find a Lawyer tab... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I’m not in a formal lease. If I leave and my roommate tries to stay and gets evicted, will it be put on my record?

I moved in with my mom to a rental property in July of 2020. She completely screwed me after we moved in and took over the house. So I want to leave. I’m not in a formal lease. I’m just in a month to month agreement with my landlord. I never signed anything. I want to leave soon but my landlord... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 6, 2020

It depends on landlord. If landlord files an eviction, he would probably name both you and your mother, and that becomes a permanent court record that could make it difficult for you to rent from a landlord who checks. So try to work it out with landlord to avoid that.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My tenant hasn't paid rent since August 2020.

The tenant said she has involved an agency to help her for August and September's rent. Before October she agreed to pay the amount equivalent to a month rent on the 1st. However, she refused to add the late fee since she was paying on time. I explained to her that she needed to include the... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 5, 2020

The written lease that she signed specifies what late fees she incurs. If she doesn't pay the full amount of all rent and late fees, then you can file for an eviction. But she might be protected by the recent federal guidelines from the Center for Disease Control that protects some tenants... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.