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Questions Answered by Joseph Jaap
1 Answer | Asked in Family Law for Ohio on
Q: Judge placed a no contact order against me and my spouse against my wishes. Is it possible to get the order lifted ?

She told me the order was temporary, However my spouse and I live together and have a infant . He is the breadwinner in the home and I am currently out of work with no income and he was ordered to leave the home . I am to have no contact with him whatsoever, not even through a third party . This is... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 22, 2021

Maybe. Use the Find a Lawyer tab to retain a local attorney who can review all the facts and advise you of any options and the workings of your local court. But it depends on the judge.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can an apartment evict you over late fees?

The rent was paid in full and accepted for July on July 3. However on July 20, my mother received a notice to leave the premises in three days for nonpayment of a $75 late fee. There was never any previous notice about a late fee, and she wasn’t even late, the money was taken out of her account... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 21, 2021

They can try, and possibly succeed. Talk to the landlord and try to work it out, or use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Landlord - Tenant and Estate Planning for Ohio on
Q: My mother wants to kick out my brother who helps take care of her.. she has dementia and alzheimers what can he do

She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers

Joseph Jaap
Joseph Jaap answered on Jul 21, 2021

If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: If a seller disclosed that they were occupying a property when they were not, if that considered fraud?
Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

It would depend on all the facts and if a buyer incurred any damages because of it. Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and all the facts, and advise you if there is any basis for a fraud claim.

1 Answer | Asked in Divorce for Ohio on
Q: Proceedings To Dissolve your marriage

I got a letter with my husband for a proceedings to dissolve your marriage from his attorney I don’t have one and I have no idea what it is and he is yelling for me to sign it not knowing what I’m signing

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

Your spouse wants to terminate your marriage. A dissolution of marriage is a way for the spouses to terminate their marriage if they agree on all the terms of property division, spousal support, child custody, etc. If the spouses cannot agree on everything, then it proceeds as a divorce. Use the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I get my previous landlord to return my deposit if they have not sent it to me after over 2 months of moving out?

I moved out of my house at the end of April. At the time of moving out I was in good standings with the landlord. June came around and I had not heard anything from them. I sent them an email with my new address, requesting a check with my deposit and an itemized receipt of deductions. They got... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

Ohio law requires landlord to return a deposit and a list of any deductions within 30 days or tenant can sue in small claims court for 2x the amount plus attorney fees. See this link. https://codes.ohio.gov/ohio-revised-code/section-5321.16 Use the Find a Lawyer tab to retain a local attorney... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: How to get out of a 8 month online group coaching contract

I signed up for an 8 month group coaching session starting June 1 2021. After 3 week I sent an email saying this was not for me. It was sold as something much different then it actually is. I then sent another email on July 11 asking again to leave the group as it is not for me. I was told I can... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 15, 2021

If the contract is for 8 months, and there is no early termination option, then there isn't one, and you could be obligated to pay, or else they could make an adverse entry on your credit report, lowering your credit score. They could also turn it over to a collection agency. But they might... Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: My fence is 6" inside the property line. Can I stop my neighbor from connecting to it? How close can he build to it?

My fence was installed prior to current neighbor living nextdoor. Original neighbor did not want fence so I specifically had it built inside the property line. Now the current neighbor wants to connect to my fence. I do not want to ajoin. If I say no, how close can they install a new fence on the... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 15, 2021

I agree with the prior answer. In addition, without an easement or other agreement, or some local ordinance that allows access to the other side of the fence for maintenance, the neighbor does not have to allow you access on his property. Talk to the neighbor about it and work out an easement to... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Can my mom still use a well for water.

My grandfather had some land where his house is. He gave some to my mom and uncle. My mom and grandfather and mom went half on the well. The well sits on his property. My grandfather passed away and his second wife is selling the house. My mother has used the water for 14 years. Can my use the well?

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

If there is no written document regarding use of the well, then it could be a problem for her. Your mother can use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise her.

1 Answer | Asked in Family Law for Ohio on
Q: I'm a 16 year old wanting to go through a process of emancipation from my parents. Is this difficult to achieve?

I have a job, car, and can prove self-efficient.

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

Ohio does not have emancipation for your situation. Here is more information at this link:

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

It is normal for teens to want to escape their...
Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: What papers do I need for Financial Power of Attorney in Ohio when a Revocable Trust is already in existence?

Mother has recently been admitted to a memory unit of nursing home and we are trying to find out what we need to have in order to sell her home to fund the nursing home. Revocable trust exists listing me as Initial Attorney-in-Fact. Is the trust the only legal document I need to be the legal... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

The terms of the trust agreement specify the power and authority of the trustee to sell trust assets. A buyer's title agency will need to review the terms of the trust to confirm the authority to sell the property and will ask for an affidavit, memorandum of trust, or other confirmation.... Read more »

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1 Answer | Asked in Child Custody for Ohio on
Q: Married but separated. No court no custody order but husmad refuses to give me our son back. What do I need to do.

We agreedbto share our son and and no child support. Does he have a right to keep my son away from me based false assumptions that I am unfit?

Joseph Jaap
Joseph Jaap answered on Jul 13, 2021

Until a court orders it, your spouse does not have to let you have your son. Use the Find a Lawyer tab to retain a local family law attorney who can file for divorce or legal separation, ask the court for a custody order, etc.

1 Answer | Asked in Family Law, Child Custody, Child Support and Landlord - Tenant for Ohio on
Q: My Daughter is trying to get her ex boyfriends name off her apartment lease. He hasn't lived there for almost a year.

She has had major problems with him she finally got his key back and absolutely nothing in the apartment is his. They are going to be going through a custody battle come November and she needs to get on assistance for insurance for the child and she can't until his name is off the lease.... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 13, 2021

If she doesn't have an attorney, she should use the Find a Lawyer tab to retain a local family law attorney to assist her with the custody and child support issues, and communicate with the landlord about the problem. with the lease.

1 Answer | Asked in Divorce for Ohio on
Q: i want out of my marriage for numerous reasons i am 63 years old my husband wants me to file for social security and not

be held accountable to pay me any entitlements we have been married for 43 years is it a good idea for me to file for social security

Joseph Jaap
Joseph Jaap answered on Jul 12, 2021

There is no way to answer that without knowing all the facts of your situation. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and advise you of your rights to martial property, finances, and spousal support.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I need help with the translation of a HOA for a home we wil be purchasing.

The HOA is 76 pages and looks to be for the builders, developer presented to the City of Huber heights and Tipp City from 2008 or 2009.

Joseph Jaap
Joseph Jaap answered on Jul 12, 2021

HOA Declarations are typically that lengthy, but are fairly standard. Use the Find a Lawyer tab to retain a local real estate attorney who can review it with you. But they are not negotiable, and are nearly impossible to amend. So you have to be able to follow all the rules and restrictions.... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: In ohio can a HOA charge late fees for upon late fees for 1 late payment

I have been charged $25 17 times for 1late payment.

Joseph Jaap
Joseph Jaap answered on Jul 12, 2021

An HOA can impose late fees as specified in the HOA declaration and in any rules enacted by the HOA board of directors. If a payment account is past due, whether for HOA monthly assessment, late fees, or other charges that are delinquent, then if the HOA rules allow, the board could impose the... Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: Can a property management company deny me breaking a lease to move if I told them already I was a victim of DV?

My landlord is disallowing me to break my lease in order to move to a safer situation and stating I am responsible for the remaining 4 months until they find someone else to rent, even though I would be fleeing domestic violence, and I have told them this on many occasions about my safety and they... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 8, 2021

The lease agreement is a legal contract, and personal situations are not a basis for tenant to terminate a lease, unless the lease specifically says so. You are under no obligation to stay, but you are under an obligation to continue to pay rent. Landlord then has a legal obligation to try to... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Ohio on
Q: Can a landlord legally do this and what is my course of action if any?

I recently signed a lease for an apartment and parking spots, a couple weeks after I signed and just two weeks before we move, we get an email from our new leasing office. The email states that the apartment we looked at won't be available on the move in date and they offer us an upgraded... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 7, 2021

You could sue landlord for breach of contract for a court to decide if what landlord did was a breach of contract.

1 Answer | Asked in Juvenile Law for Ohio on
Q: My friend is 17 and has her own little one and wants out of her parents house is she aloud
Joseph Jaap
Joseph Jaap answered on Jul 6, 2021

Until a person is 18, the person is a minor, and is the responsibility of the person's parents. The parents make the decisions. Having a baby does not change that. After turning 18, the parents no longer have responsibility, and if the parents decide to stop support, the person must arrange... Read more »

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