Questions Answered by Joseph Jaap

Q: Hello can my uncle evict my brother and sisters from his home even tho they lived there all they life and he live there

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Oct 22, 2018
Joseph Jaap's answer
If they are 18 years or older, then as the owner of the home, he can evict them, whether or not they ever paid rent. They would be considered month to month tenants, and the owner can terminate their occupancy at the end of any month by giving them each a 30 day written notice to vacate. If they don't leave, then the owner can give them a 3 day written notice, and then can file the eviction action. An eviction becomes a permanent court record, and it can make it difficult for them to rent...

Q: If your pregnant at 15 can you be automatically emancipated?

1 Answer | Asked in Family Law for Ohio on
Answered on Oct 22, 2018
Joseph Jaap's answer
No. Ohio does not permit that. Here is a link to more information.

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

Q: Court granted visitation to Grandma at 1 day per month and calls every Sunday per counselor recommendation. What do I do

1 Answer | Asked in Family Law for Ohio on
Answered on Oct 22, 2018
Joseph Jaap's answer
The only way to legally make any changes is to file a motion with the court seeking the changes. The court will review all the facts and circumstances that you present as evidence, and the court will then decide if any change is in the best interest of the child. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and advise you.

Q: Can I access my rental property for assessment after giving 24 hour notice without tenants consent?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Oct 22, 2018
Joseph Jaap's answer
Ohio law requires reasonable notice, which is typically taken to mean 24 hours, except in an emergency. If proper notice has been given, landlord can enter. But tenant could always object, or could file a police report if something goes missing. So for landlord's own protection, entry should be made with tenant present, or with a witness.

Q: Our family farm in Ohio has a general warranty deed, with two brothers listed as tenancy in common.

1 Answer | Asked in Estate Planning for Ohio on
Answered on Oct 22, 2018
Joseph Jaap's answer
Each can file an affidavit to direct the transfer of his interest in the farm. But each should have an attorney prepare the affidavit and review all the facts and circumstances, and their goals, to determined if that is the best approach. There can be Medicaid and other issues involved. Use the Find a Lawyer tab and retain a local estate planning attorney to review all the facts and advise, and prepare affidavits, wills, living wills, powers of attorney, and other documents that could be...

Q: Is landlord’s name REQUIRED to be on eviction notice somewhere anywhere or is his attorney’s typed name suffficient?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Oct 22, 2018
Joseph Jaap's answer
That notice is probably sufficient as being given by an agent of the unnamed owner, but you could make an argument at the eviction hearing that it isn't. If an eviction action is filed, even if later dismissed, it is a permanent public record, and can make it difficult to rent from another landlord who checks the records.

Q: i am 15 can i legally leave my foster home when i turn 16 on November 15?

1 Answer | Asked in Child Custody for Ohio on
Answered on Oct 19, 2018
Joseph Jaap's answer
No, until you are 18, you are a minor. If there are a problems, contact your children's services agency or foster agency.

Q: What happens if I choose not to sign a new lease?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Oct 19, 2018
Joseph Jaap's answer
Landlord can evict you when your current lease expires if you don't sign a new one. It is up to landlord whether to allow you to continue as month to month.

Q: I am seeking assistance on how to get my father-in-laws Power Of Attorney switched to my wife with out costing to much.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Answered on Oct 18, 2018
Joseph Jaap's answer
He can revoke her POA by sending her written notice, and also notifying any banks or other businesses with whom he does business. He can then execute a new POA. Rather than a POA, it might also be done with joint ownership of his bank accounts. He really needs some advice on how to do it properly based on his situation. Use the Find a Lawyer tab to retain a local estate planning attorney familiar with elder law issues to help him. Call around to find one. It might cost him a few hundred...

Q: Landlord is claiming "lost rent" due to time he had to make repairs and could not show dwelling in said time.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Oct 18, 2018
Joseph Jaap's answer
If you don't pay, landlord could sue you in small claims court, and you could argue that you don't owe it. The court would decide if you owe it. But the lawsuit would be a public record and could make it more difficult to rent from a landlord who checks. Even if landlord doesn't sue, landlord could make an adverse entry on your credit record, lowering your credit score and making it more difficult to rent from a landlord who checks.

Q: Are there any mandatory penalties imposed for unconscionable rent agreements?

1 Answer | Asked in Contracts for Ohio on
Answered on Oct 17, 2018
Joseph Jaap's answer
Those are not provided in the statute. It would be up to the discretion of the court.

Q: Is it legal for my landlord to go to other apartments and tell other tenants that we are selling drugs.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Oct 16, 2018
Joseph Jaap's answer
Ohio law provides that landlords can evict tenants if the tenants are even suspected of drug activity. So if you try to take any action, she might file an eviction. Talk to a local attorney

Q: Can I get my ex husbands pension since he passed away even if I signed off on it in the divorce?

1 Answer | Asked in Divorce for Ohio on
Answered on Oct 15, 2018
Joseph Jaap's answer
It is very unlikely that you can do that. But use the Find a Lawyer tab to review all the facts and advise you. If he forgot to change his beneficiary designation, and you are still designated, then you might get it.

Q: I'm to appear Pro Se in court, not by choice 4 Divorce Case. My Ex wont help & I can't afford for Attorney myself.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Answered on Oct 15, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local divorce attorney in Lake County, IL where the court is. The attorney can advise you about seeking spousal support (alimony) along with child support, and the court also could order your spouse to pay your attorney fees. Call around to attorneys in Lake County to find one to help you.

Q: What to do when a parent kicks a 17 year old out of home with no place to go

1 Answer | Asked in Juvenile Law for Ohio on
Answered on Oct 15, 2018
Joseph Jaap's answer
Contact local children's services.

Q: What legal repercussions if any could I face if I walk away from buying a property that I signed a contract on

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Answered on Oct 15, 2018
Joseph Jaap's answer
You would forfeit any earnest money you paid to seller, and seller could sue you for breach of contract. Try to get seller to sign a mutual contract termination.

Q: My husband and i have bern married 40 years and now we are divorcing he was telling me he was getting money together to

1 Answer | Asked in Divorce for Ohio on
Answered on Oct 11, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab and retain a local divorce attorney to represent you. The attorney can review all the facts, account statements from the IRA and 401K, and advise you how to proceed in a divorce to recover those funds.

Q: Im buying a house on a lease agreement. In the agreement it states there may be lead paint in my house

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Oct 11, 2018
Joseph Jaap's answer
Here is the link to the EPA pamphlet:

https://www.epa.gov/lead/protect-your-family-lead-your-home

Sellers must give you the opportunity to inspect for lead. If lead removal is recommended, you and seller must negotiate who will pay for that.

Q: Can I sue my wife for id theft?

1 Answer | Asked in Divorce, Civil Rights and Identity Theft for Ohio on
Answered on Oct 8, 2018
Joseph Jaap's answer
Talk to the police and file a report. The prosecutor would determine whether to bring criminal charges. If you file for divorce, the court can order her to stop using your identity and to be responsible to pay back all the debt she incurred in your name. Use the Find a Lawyer tab to retain a local divorce attorney.

Q: I am 15 and having a baby. Can I get emancipated if I have a stable home for me and my child?

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Answered on Oct 8, 2018
Joseph Jaap's answer
No, Ohio does not allow emancipation in that circumstance. See this link.

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

If there are problems at home, talk to a teacher or other trusted adult.

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.