Questions Answered by Joseph Jaap

Q: If I paid a designer to help design a city map, can another org. then use the same designer to publish & claim that map?

1 Answer | Asked in Copyright for Ohio on
Answered on Feb 14, 2019
Joseph Jaap's answer
If your written agreement with the designer did not also assign the copyright to you, then the designer still own the copyright in the map design, even though you paid the designer for it. An assignment of copyright must be in writing, otherwise, the designer retains it. If the designer still owns the copyright in the map design, then the designer can sell and use the map with others. Same as a wedding photographer. The photographer typically retains the copyright in the photos, and only...

Q: We are giving a house to somebody.does a deed transfer need to done by a lawyer ?

2 Answers | Asked in Real Estate Law for Ohio on
Answered on Feb 12, 2019
Joseph Jaap's answer
A lawyer is not required. But without having a lawyer to be sure everything is done properly, there could be problems that could be difficult or expensive, or both, to correct later. Preparation of a deed by an attorney, and a title examination to determine if there are any problems, is a prudent investment at a modest cost. Use the Find a Lawyer tab to retain a local attorney.

Q: My lease ends at the end of the month and the landlord is trying to say they can charge us two months rent

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 12, 2019
Joseph Jaap's answer
Landlord can make such a claim and even sue you in court. Anyone can file a claim. The court would then review the lease and determine if landlord had a legal basis to claim you owe two months. But even if you win, a lawsuit is a public record, and could make it difficult to rent from a future landlord who checks the records. So try to work it out to avoid that.

Q: I own a manufactured home with leased land in OH. I have a drainage problem that the landlord has not taking care of

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 11, 2019
Joseph Jaap's answer
If the landlord will not take action, then use the Find a Lawyer tab to retain a local real estate attorney to review your lease and other facts of the situation, advise you of your options, and contact the landlord on your behalf to demand action. Or litigation might be required.

Q: Im on a month 2 month lease. I was given a notice to leave but it's a 21 day notice not a 30 day notice. What do i do?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 11, 2019
Joseph Jaap's answer
If not successful this time, landlord can give proper notice and file a new eviction. An eviction is a public record, even if the tenant wins or the case is dismissed, and can make it difficult to rent from a future landlord who checks the records. So try to work it out with landlord to avoid an eviction being filed.

Q: I got a 21 day notice to leave instead of a 30 day notice. If it goes to court can the case be dismissed?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 11, 2019
Joseph Jaap's answer
It depends on the reason for the notice and the written terms of the lease. Non-payment of rent only requires 3 days. An eviction is a public record, even if the tenant wins or the case is dismissed, and can make it difficult to rent from a future landlord who checks the records. So try to work it out with landlord to avoid an eviction being filed.

Q: can a landlord make it mandatory that they pick up your rent each month?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 11, 2019
Joseph Jaap's answer
The written terms of the lease specify the method to pay rent. If landlord changes those terms, but tenant keeps paying by the old method, landlord might file an eviction. But if tenant complies with the original written payment terms in the lease, the court might not allow the eviction. But an eviction is a public record, and even if the tenant wins, a future landlord can find the case in the public records, and it might make it difficult for the tenant to rent. So try to work it out with...

Q: 4 people jointly own a 40 acre parcel of farm land with house in Ohio. 3 of them want to sell, the 4th does not.

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Feb 11, 2019
Joseph Jaap's answer
The 3 can file a lawsuit called a "partition action" asking the court to order the property to be sold, and the sale proceeds to be split equally among the 4. The 3 can use the Find a Lawyer tab to retain a local real estate attorney to review the facts, and contact #4 to advise that the property will be sold by court order if #4 does not cooperate.

Q: I had a perspective tenant sign a lease that began Feb. 1st TO THE 28TH . She did not move in or give any money and did

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 11, 2019
Joseph Jaap's answer
Whether or not she has any claim, depends on the wording of the lease and other facts. But if she has not been in contact by now, it is doubtful she would take any action if you re-rent. And if she did file a claim against you, your defense it that she breached the lease.

Q: If you have made a will with your spouse and then get divorced, is that will still valid?

1 Answer | Asked in Divorce and Estate Planning for Ohio on
Answered on Feb 8, 2019
Joseph Jaap's answer
A divorce terminates a spouse's inheritance rights. The will is still valid, but the spouse is assumed to have already died, so nothing would go to the spouse. But it is prudent to consult with an estate planning attorney to review the divorce documents and will, and advise you about making a new will since there have been significant federal estate tax changes.

Q: I lost custody 8 years ago and haven't been allowed to see my her. I finally have my life together. What can I do to...

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Answered on Feb 8, 2019
Joseph Jaap's answer
Use the Find a Lawyer tab and retain a local family law attorney to review all the facts and advise you of your options. You could file in court to re-establish contact. The court would decide if that is in the child's best interest considering all the facts. If you are not paying child support, the court could order you to begin paying.

Q: My wife and I are going through a divorce. If she is not seeking child support will the court force it?

1 Answer | Asked in Divorce and Child Support for Ohio on
Answered on Feb 7, 2019
Joseph Jaap's answer
If you and she agree on everything in an uncontested divorce, and you both have relatively equal time with the child, equal sharing of expenses, relatively equal incomes, and each can provide an adequate place to live, then the court might allow an adjustment to the standard child support calculation, so that nobody pays child support. But the court require child support, even if you both agree that none is needed. If no child support is ordered now, if any circumstances change, either parent...

Q: Can a landlord claim "Lost rent for January" when we officially left the premises on Dec 31st?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 7, 2019
Joseph Jaap's answer
Landlord can make that claim in court. The court will review the lease and facts, and determine if you are liable for the extra month rent and any damages for repair. It depends on the exact wording of the lease, if tenant was required to give notice and did it properly, etc. The court will review the lease and testimony, and decide. If landlord files a lawsuit, it becomes a permanent court record, and can make it difficult to rent from a landlord who checks. Even if landlord doesn't sue,...

Q: My wife is a co-trustee for her late father's estate.

1 Answer | Asked in Estate Planning for Ohio on
Answered on Feb 7, 2019
Joseph Jaap's answer
That could be a problem if any beneficiary objects. If the other trustee approves, that might help reduce any potential beneficiary concerns. Note that an estate does not have trustees, it has executors or administrators. A trust has trustees. Your wife should use the Find a Lawyer tab to retain a local probate and estate attorney to advise her about her responsibilities and liabilities as a trustee.

Q: is a 24 hour notice of entry valid while I am out of town and landlord has prior notification?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 6, 2019
Joseph Jaap's answer
In Ohio, 24 hours advance notice is considered reasonable.

Q: My partner,and I have my son 24-7 before signing I asked the landlord if a two bedroom became available could we get it.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 6, 2019
Joseph Jaap's answer
That does not give you a legal basis to break your lease, unless it was written into your lease that the landlord would definitely give you the next available 2 bedroom. You can talk to landlord about it, and ask for something in writing to get the next one that does become available.

Q: I have a shared parenting plan with my ex and I am residential for school purposes. Can I homeschool if he disagrees?

1 Answer | Asked in Family Law for Ohio on
Answered on Feb 5, 2019
Joseph Jaap's answer
The plan probably requires the parents to discuss things, and if they don't agree, then go to mediation. So talk to him about it. If that or mediation don't succeed, then either can file a motion to have the court decide.

Q: Do church Members have the right to see their Minister's contract?

1 Answer | Asked in Contracts and Business Law for Ohio on
Answered on Feb 4, 2019
Joseph Jaap's answer
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.

Q: I have a commercial building rented to a pizza business, that attached equipment to my structure . does that become

1 Answer | Asked in Civil Litigation for Ohio on
Answered on Feb 4, 2019
Joseph Jaap's answer
Whether it is their "equipment" which they get to remove and take with them, or has become a "fixture" which becomes part of the real estate that must stay, depends on the nature of the installation. Use the Find a Lawyer tab to review the terms of the lease and all the facts, and advise you.

Q: I am pregnant, I’m 15 and my baby daddy is 18. Can we get married with court consent? Everything I read said you can.

2 Answers | Asked in Family Law for Ohio on
Answered on Feb 4, 2019
Joseph Jaap's answer
The court is unlikely to grant consent. But you can try.

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