Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Joseph Jaap
1 Answer | Asked in Child Custody for Ohio on
Q: how do i get a pro bono family lawyer
Joseph Jaap
Joseph Jaap answered on Oct 16, 2019

Contact your local legal aid office. Also, some courts have help clinics with volunteer lawyers who assist those without an attorney. Or call around to find a local attorney who might work with you.

1 Answer | Asked in Juvenile Law for Ohio on
Q: Can a 16 year old leave the house and come back without parent or guardian permission without legal repercussion?

Can the parents do something in response such as filing a sort of report and getting the child in trouble or sent to court as unruly?

Joseph Jaap
Joseph Jaap answered on Oct 16, 2019

Yes, the parents can take action, and the child could go to juvenile detention. Children cannot come and go as they please. If there are problems at home, the child should talk to a family member, teacher, school counselor, or other trusted adult.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can landlord or maintenance or manager enter your apartment without permission

K&D and I have video

Joseph Jaap
Joseph Jaap answered on Oct 15, 2019

Ohio law does not require tenant to give permission to landlord. Landlord must have a valid reason, and must give reasonable advance notice to tenant, except if it is an emergency. Denying access could be reason for landlord to evict a tenant.

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: My client never signed our contract, would they be held to the terms of it?

My company conducts estate sales. We take jobs by the value of our clients belongings. Our client received the contract where we state you cannot remove any items from the home as they are deemed for sale. They ignored this & took out items anyway. This was in breach of contract. The client also... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

Since the contract was not signed, that makes things more difficult. If there is litigation, you can claim that they verbally agreed to the terms of the contract. They can dispute that. If you can't work it out with them, then they might sue you to collect the proceeds you have retained. You... Read more »

View More Answers

1 Answer | Asked in Divorce for Ohio on
Q: Which type of divorce is better for me?

I wanna file for divorce and I’m 100% sure that my wife won’t agree and I’m also sure about my decision. We have been living in different apartments for almost two years and no we don’t have any join accounts or properties. I live with my 2 kids and she lives with my 3 step Children. She... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

If she won't agree, then you cannot do a dissolution. You must file a divorce. Use the Find a Lawyer tab to retain a local divorce attorney to review your situation, answer your questions, and advise you.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I have property that I rent month to month. There is nothing signed in regards to anything. I'm going to raise the rent.

How much notice do I need to give my tenants?

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

There is no requirement for advance notice. On a month to month lease, either tenant or landlord can terminate at the end of any month by giving 30 days written notice. So you could tell them on Oct. 31 that rent goes up on Nov. 1. If they don't want to pay it, then they can terminate the lease... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have a very complicated situation. I haven't seen my 14 month old daughter in 5 months. Can I get her back soon?

My 14 month old daughter's father and I are no longer together. We were never married. May 5, her father was charged with domestic violence and assault against me. He is pending trial. Immediately after he kicked my daughter and I out of our home. During this time, I relapsed (recovering... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 11, 2019

Yes, your situation is complicated -- much too complicated to work out on line. Use the Find a Lawyer tab to retain a local family law attorney who can then meet with you to review all the facts of the situation with you and advise you of your options.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: The apt autorenewed my lease until Oct 2020 saying i did not gave them written notice prior to 60 days of lease expirati

The apt lease is supposed to end in October 2019.I’ve moved out of state and in Dallas right now.I gave them verbal notice in Aug that i wont be extending lease, that time they did not notify me that i need to give them written notice .now apt has sent me auto renewal notice for a year without... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 11, 2019

If the lease had an auto renew provision that required 60 days written notice to not renew, and if you did not give written notice, then the lease renewed, and you are legally obligated to pay the rent for the rest of the lease term, unless landlord makes good faith efforts to re-rent and gets a... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: How many times could my apartment complex charge me for legal/eviction fees? Can I pay rent without paying them?

I’ve paid them 8 times over the last 12 months - because I was 15 days late. I pay the late fees but the legal fee (an additional $300) each time, when they know I’m not going to break my lease, is a bit excessive. Could I pay my rent and late fee balance and not pay the legal fee imposed... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 10, 2019

Landlord can charge you fees as permitted in your lease, e.g. if it says landlord can charge you a late fee and legal fees as many times as you are late. You must work that out with the landlord. If you do not pay your rent on the day it is due, and if you do not pay any late fees or other... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: My lawyer wont do anything i ask
Joseph Jaap
Joseph Jaap answered on Oct 10, 2019

It might be because you are asking your attorney to do the wrong thing. Talk to your attorney about it, or use the Find a Lawyer tab to discuss with another attorney.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I keep getting letters from the city about code violations and my tenants not clean up the yard.

Can I clean the yard myself since I am the property owner. The city has already billed me Twice for there clean up

Joseph Jaap
Joseph Jaap answered on Oct 9, 2019

Yes, you can enter to clean up. But your written lease should require tenants to maintain the property in compliance with all laws and local ordinances including clean up. Send them the bills to reimburse you for the cost of clean up. If they don't pay, file to evict them. Use the Find a Lawyer... Read more »

2 Answers | Asked in Juvenile Law for Ohio on
Q: Can I drop out at 17? My son is 7 months old an I can't take care of him go to school an work .
Joseph Jaap
Joseph Jaap answered on Oct 8, 2019

You can drop out, but if you don't complete your education, then you will be unable to earn a decent living and even with government assistance, will likely live in poverty with your son. Talk to a family member, school counselor, teacher, or other trusted adult about your situation.

View More Answers

1 Answer | Asked in Probate for Ohio on
Q: My mother passed in April. My stepfather received the insurance money and decided to waive his claim to my mothers house

That would leave it to me and my brother. I talked to his attorney in early July and she told me she would be mailing the waiver to me and also advised me not to open probate until 6 months after my mothers death date. I have finally gotten the waiver here in early October and I see it was filed in... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 8, 2019

A creditor has 6 months from date of death to present a claim. Probate is initiated by someone filing with the probate court to administer an estate. Check the probate court web site to determined if a probate case has been opened for the decedent. If not, then use the Find a Lawyer tab to... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: What are my rights in this case?

I had a dissolution of our marriage two and a half years ago. We have a three year old daughter. We have shared custody. I get her every other weekend. I pay child support and allow the mother to claim her on taxes every year. My problem is when we got divorced she upped and moved 2 and a half... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 7, 2019

If that is what you agreed to in the dissolution and for her relocation, then you will have to try for a change. Use the Find a Lawyer tab to retain a local family law attorney to discuss the situation and your options for negotiating a change of the parenting schedule with your ex, or filing with... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I shut off water if my tenant is responsible to pay for water bill and he has not paid?

As per the lease, my tenant is responsible to pay for water bill, but he has not paid for it in 5 months (nor he has paid rent in 5 months). Since the water connection is in my name, I have to keep paying for it. Can I ask the water company to shut off the water? I have given him notice and have... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 7, 2019

You should file an eviction, not shut off his water. Use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Family Law for Ohio on
Q: In Ohio can I get married at 18 even if I’m still in high school and living with my mom
Joseph Jaap
Joseph Jaap answered on Oct 7, 2019

An 18 year old can get married without parental permission. But the parent might not continue to provide health insurance, car insurance, or financial support to continue education beyond college if the parent thinks the marriage is a mistake and not well thought-out. An 18 year old is considered... Read more »

1 Answer | Asked in Child Custody and Gov & Administrative Law for Ohio on
Q: I am 17 and 8 months old can I legally move out in the state of ohio?

An older lady friend of mine told me that at this point the cops can be callled but they wont do anything since I am almost 18. Is this true or will I still get in trouble since I am not fully 18 yet?

Joseph Jaap
Joseph Jaap answered on Oct 4, 2019

You are not a legal adult until age 18. Nobody can predict what the police or children's services might or might not do if you leave before then. Even if they take no action, will you be finishing your education so you can be a responsible, productive adult? If you leave, will you still have... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: If neither parent has court ordered custody but the father has the child. The father has enroll the child in kindergarte
Joseph Jaap
Joseph Jaap answered on Oct 3, 2019

If there is no custody order and a court has not granted the father any parental rights, then the mother has sole legal custody. A school might not allow the father to enroll the child if it knows that he does not have any legal custody.

1 Answer | Asked in Juvenile Law for Ohio on
Q: If im 18 can my parents stop me from leaving the house by locking me inside or blocking the door?

I still live with them but are currently making arrangements to move out i just want to go out with friends and they attempt to keep me inside

Joseph Jaap
Joseph Jaap answered on Oct 2, 2019

No, but they can kick you out by evicting you. So you should have some alternative place to live if they do. They could also terminate your health insurance, car insurance, and any other support they provide. Once a person is 18, they are considered an adult, can make their own decisions, and... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If there is a shed on a rental property before I move in and it gets damaged am I responsible for fixing it?
Joseph Jaap
Joseph Jaap answered on Oct 1, 2019

It depends on what the written lease says, that landlord and tenant signed. If the lease is for the land and buildings, and there is no exception for the landlord to keep using the shed, then the landlord could hold the tenant responsible. If tenant didn't pay to repair the shed, then landlord... 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.