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Questions Answered by Joseph Jaap
1 Answer | Asked in Contracts for Ohio on
Q: My car was repossessed yesterday. I have been trying to work the the dealership but they keep closing down. Please help.

I bought the car last year right before Covid. The dealership shut down due to the virus and never left information to make payments. In September the dealership reached back out after I had made a complaint to the BBB for their disappearing act, they wanted me to bring cash to their personal home,... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 15, 2021

Contact the Ohio Attorney General's office and file a consumer complaint. Here is the link:

https://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/File-A-Complaint.aspx

1 Answer | Asked in Contracts for Ohio on
Q: My landlord owes 31,000 In home taxes and we are doing a 5 year land contract, does that need to be in contract.

He’s pretty old, if something was to ever happen to him, God forbid does that need to be in contact also???

Joseph Jaap
Joseph Jaap answered on Apr 15, 2021

Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise you.

1 Answer | Asked in Contracts and Land Use & Zoning for Ohio on
Q: Im doing land contract with owner and he owes taxes should that be In contact?

Also if something was to ever happen to him and he is in debt with state would we take on his debt or how would that go??

Joseph Jaap
Joseph Jaap answered on Apr 15, 2021

An attorney should review a land contract before it is signed. Whether it is seller or buyer who is responsible for taxes and debts, would depend on the terms of the contract and the priority of the debts. Use the Find a Lawyer tab to retain a local real estate attorney to review the land... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I need to terminate my lease early but the manager and owner has now cut off all communication with me

Our 1 year lease is up in October 2021. Due to some unforseen family issues we need to terminate our lease early. I texted the manager, explained the situation and asked her our options. She didn't respond so I texted her again and asked her if she would direct me to someone I could talk to... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 15, 2021

Landlord is under no obligation to allow an early termination or to talk to tenant about it. Nothing stops a tenant from moving out, but landlord can then sue tenant for lost rent through the end of the lease term, minus any rent collected from a new tenant.

2 Answers | Asked in Family Law for Ohio on
Q: I have a question my son and his girlfriend just had a baby and she is still married to her first husband and my son

Is the father but the hospital won’t let him sign the birth certificate is that a law in Ohio?

Joseph Jaap
Joseph Jaap answered on Apr 14, 2021

Her husband is deemed by law to be the father until paternity testing proves otherwise.

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1 Answer | Asked in Divorce for Ohio on
Q: Pro bono are low fee lawyer I am on SSI disability

Me and my husband have no money or children or assets together or properties

Joseph Jaap
Joseph Jaap answered on Apr 13, 2021

Check your local domestic court web site for the forms to file for a dissolution if you and our spouse can both agree on the divorce. Some courts have volunteers to assist those without and attorney, or legal clinics to help. Also check with any local law schools for assistance. Use the Find a... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: How do you get an abusive mother out of the household legally if you're the father but not married?

Need to know if as a father we have any standing or legal options to get custody of the kids and remove her from the property until court hearing.

Joseph Jaap
Joseph Jaap answered on Apr 13, 2021

Follow the proper eviction process if she is not on a deed to the property. But the CCD moratorium until June 30, 2021, might apply to her to delay the eviction. Use the Find a Lawyer tab to retain a local real estate attorney to assist you. But if you are not married, and no court has granted... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If my landlord gave me a 15 day pay or quit, if I Pay on the 15th before the day ends will I be fine ?
Joseph Jaap
Joseph Jaap answered on Apr 13, 2021

You and landlord should sign a written agreement on how to work out the default. Otherwise, there is no guarantee.

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: DO I HAVE TO GIVE MY WIFE HALF OF MY INHERITED MONEY?

I HAVE INHERITED MONEY FROM MY MOTHER AND I HAVE THE ORIGINAL LETTER. MONEY IS IN AN IRA ACCOUNT AT FIDELITY. I HAVE SOLD STOCKS AND BOUGHT BETTER STOCKS. BUT ALL THE MONEY IS STILL THERE. MY WIFE'S NAME IS ON THE ACCOUNT BUT SHE WAS NEVER GIVEN THE PASSWORD. I CAN PROVE THE MONEY WAS GIVEN TO... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 12, 2021

If her name is on the account, then it makes it more problematic for you. You'll have to prove it is all inherited and trace all the funds. Use the Find a Lawyer tab to retain a local divorce attorney to review all the facts and advise you.

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2 Answers | Asked in Divorce for Ohio on
Q: Do I have to share my checking account with my husband when we divorce the account is only in my name

I opened the account almost 5 years ago and we have been married for almost 15 years

Joseph Jaap
Joseph Jaap answered on Apr 12, 2021

If the account was opened during the marriage, and the funds are not from an inheritance, then it could be considered marital funds, subject to 50-50 split. Use the Find a Lawyer tab to retain a local divorce attorney to review all the facts and advise you.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Can I break my lease or sue my neighbor for continued harassment?

I am 1 of 3 people living in a duplex and I am having ongoing issues with my neighbor on the first floor about the driveway. I'm the only one who lives here who owns a car. However, for 7 years my neighbor has allowed her visitors to use the driveway when they come over. So far I have been... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 8, 2021

Landlord is not going to solve your problem with the neighbors. And your landlord does not have to allow you to terminate your lease early. But you can talk to the landlord about an early termination, and try to work it out -- maybe offer landlord an extra month's rent. Nothing makes you stay... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: my landlord hasnt fixed my heat/ac unit un over 4 months with multiple times of being told to. what are my options?

i want to withhold rent but my fear of being evicted or thrown out or there being animosity against me over powers any action i want to take

Joseph Jaap
Joseph Jaap answered on Apr 8, 2021

You can start paying your rent into escrow on time each month with your local court. Check the court web site for the court escrow process. But landlord could choose not to renew your lease when it expires. Or you could call a repair service and find out what is wrong and the cost to fix it,... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: I’m 19,dad doesn’t support me at all except for the house. He wants to kick me out but I’m in college at home. Can he?

Please help... I just want to be able to live independently without him. I pay for food, drinking water, my phone,car,insurance, and college. Can he kick me out or are there any options I can use to benefit me. I’m struggling in this toxic household. I work so hard....

Joseph Jaap
Joseph Jaap answered on Apr 7, 2021

Yes, he can get you out. Parents do not have a duty of support when you reach age 18. If you do not have a written lease agreement, then the home's owner can give you written notice to vacate, and if you don't leave, can file an eviction. There currently is a CDC moratorium on... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Within Contract Law do the Courts typically decide if a written contract between two equal parties is fair to both?

Why or Why not?

Joseph Jaap
Joseph Jaap answered on Apr 6, 2021

The court decides the claims asserted by the parties to the contract. If two parties of equal bargaining power agree to the terms of a contract, the court might not have any reason to second guess what they agreed, even if the terms favor one of them. But issues raised by the parties to the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Should I sign contract with landlord evicting me

Landlord started eviction, they want or need it empty. They have made me an offer and want me to sign a contract. I signed cdc form, and it's a pretty nice offer I also do not want to be out on the streets should I callawyer

Joseph Jaap
Joseph Jaap answered on Apr 2, 2021

You'll have to retain a local attorney to review what landlord has asked you to sign, along with all the other circumstances, so the attorney can advise you. Use the Find a Lawyer tab to retain a local attorney.

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Can a mother refuse to let the father see his kids without her present?

The father pays child support but the court did not set a visitation schedule due to the mother not showing up for court. She will let him see the kids but only when she wants and she has to be there the whole time. He can't even take the kids out to the park or do anything with them. She only... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 2, 2021

If the mother and father are not married, and a court has not granted father parental rights or visitation, then the mother has sole legal custody and can prohibit contact with the father. Payment of child support is a separate issue. Use the Find a Lawyer tab to retain a local family law... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I acquire an abandoned property?

Taxes are delinquent $539.34.

All information on the owner goes back to the address of the abandoned property.

Joseph Jaap
Joseph Jaap answered on Apr 2, 2021

If you cannot track down the owner, then the county will eventually file foreclosure for unpaid real estate taxes. But that could take a long time for such a low amount - maybe years. Ask the county treasurer when that might happen. A person cannot acquire a property simply by paying its... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can you help expunge my boyfriend eviction?

He got this eviction in 2016 and didn't know he had it until we went to get an apartment. His landlord and him had spoken about him being gone by the end of the month and his landlord had asked that he leave some furniture to off set the rent. My boyfriend left the apartment(he went to live... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 1, 2021

Check with the local court in which the eviction was filed. Most courts do not expunge an eviction.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Ohio on
Q: have a property rental. Lease was signed 9 years ago. Has been great at paying rent on time.Property is dump now!

renter owes 4 months rent now. Cannot get answer on phone or leave message. No answer at door.

Joseph Jaap
Joseph Jaap answered on Mar 30, 2021

The lease probably has expired and tenant is now month to month. To get tenant out legally, you'll need to follow a proper eviction process. Deliver a 30 day written termination notice today or tomorrow to the premises terminating the lease on April 30. Keep a copy of the written notice.... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My mom has been in her home 6 years the landlord said his family wants to sell. Wants her out so they can update it.

Nowhere on the lease does it say they might sell the home. He said he would give her a good reference. Were in the middle of a pandemic. She can't find a home under stress and the landlord wants to start remodeling so he told her he really needs her to find a place. What are her rights

Joseph Jaap
Joseph Jaap answered on Mar 29, 2021

The landlord must honor the terms of the written lease until it expires. But when the lease term expires, if the tenant does not vacate, then the landlord can file for an eviction. If the lease has already expired, then the landlord can give 30 days written notice to terminate the lease at the... Read more »

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