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Questions Answered by Joseph Jaap
1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Do I have to declare to the tenant that I am inspecting for issues if I'm there with permission already fixing items?
Joseph Jaap
Joseph Jaap answered on Dec 10, 2019

The law is not that specific. Here is Ohio Section 5321.05: "The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver... Read more »

1 Answer | Asked in Family Law, Collections and Municipal Law for Ohio on
Q: Everything I get when I’m a minor can I take when I move out at 18.

I’m still in high school and I live with my mother

Joseph Jaap
Joseph Jaap answered on Dec 10, 2019

Sure. Take what is "yours." And if you take something that is not "yours," or she claims is not "yours," she could file a police report for theft. Not a good way to start out being an adult when you turn 18. Can you prove those items are "yours." Do you have receipts? Since you are asking... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: How do i put my money in escrow for repairs not being done if county clerk states he doesn't own my house?

landlord has failed to do all repairs: ac/heat flooring, plumbing. There are mths that he will say pay me $300 TODAY. He will send an email confirming. I went to put my money in escrow and was told he is not the owner/landlord so it would be difficult to do that since the business that is listed no... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 10, 2019

Report the problems to the local building dept. If you don't have a lease or are month to month, give 30 day notice to terminate so you can move.

Check the address on the county auditor web site to determine who is the owner. If that owner no longer exists, then somebody has to own it....
Read more »

3 Answers | Asked in Real Estate Law for Ohio on
Q: Our bylaws indicate the association has the first right to purchase our unit if we decide to sell...can this be enforced
Joseph Jaap
Joseph Jaap answered on Dec 9, 2019

Yes, it probably can be enforced. But if it has not been enforced against prior owners, a court might decline to enforce it now against you. Courts don't like these restrictions, especially if not equally applied. So use the Find a Lawyer tab to retain a local attorney to review the declaration,... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: Mom has house Mkt value is 112,000 taxable value 40,000. owes 80,000. Passes away. No heir wants house is probate nec

Only asset is House

Joseph Jaap
Joseph Jaap answered on Dec 9, 2019

The auditor lists the "taxable" value of property at 35% of the market value, because real estate taxes are based on that taxable value, not the market value. If the market value is $112K and there is an $80K mortgage, then there is $32K of equity for the heirs to share. Use the Find a Lawyer tab... Read more »

1 Answer | Asked in Business Law for Ohio on
Q: I am a dealer for a wood boiler manufacture, they went out of business.Are they still responsible for the life of the w

Warranty

Joseph Jaap
Joseph Jaap answered on Dec 9, 2019

They are. But if they are gone, insolvent or bankrupt, there is no money to enforce the warranty.

1 Answer | Asked in Child Custody for Ohio on
Q: ohio if your 17 and pregnant, father is 18, signs birth certificate, can he keep the child since he is legal age
Joseph Jaap
Joseph Jaap answered on Dec 6, 2019

If the parents are not married, the mother is the sole legal custodian of the child. The father must establish paternity and then file with the court for parental rights. The court then will decide custody issues based on what is in the best interest of the child.

1 Answer | Asked in Real Estate Law and Child Support for Ohio on
Q: I owe child support arrears and I was found guilty one two counts of non support (F5's) my mom wants to give me a house

Can child support take the home if it is in my name for unpaid support? If so is there a way around it? For example putting the home in joint ownership (her and myself or my husband and myself) or can that be done? Thank you so much for your help.

Joseph Jaap
Joseph Jaap answered on Dec 6, 2019

Use the Find a Lawyer tab to retain a local estate planning attorney who can review the situation and advise you. A trust can protect assets from creditors in some situations. An attorney can discuss options after reviewing all your circumstances.

1 Answer | Asked in Family Law for Ohio on
Q: Does a minor child here in Ohio have the right to refuse visitation.

We split Christmas break every year and for the last few the mom always reply’s with I’ll ask her it’s up to her. She’s 14 and always comes over the summer and Christmas vacation. I just get tired of the moms responses, she likes to control the situation.

Joseph Jaap
Joseph Jaap answered on Dec 5, 2019

The parenting agreement specifies how holiday time is split. The minor child does not get to decide. Minors do what their parents say, and the parents do what the court's order and parenting agreement say. If one parent allows a child to refuse, the other parent can file with the court to have... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: rough couple months was served eviction papers for 1 month late rent i have all said monies do i put in escrow

1 month late previous month to that i was 2 weeks late but have always paid and told landlord i had said monies i had to pull out of savings took a picture of the check monday and was served today i didn't deposit the check because of no answer on their end. I even sent a pic of the check which i... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 5, 2019

A landlord does not have to accept any late rent payments and can proceed with an eviction. The court will schedule the eviction hearing a couple weeks later, and if it orders an eviction, would typically give you 7 days to move. You possibly could delay the eviction by filing an answer to the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Had submitted once - guess I need to be more concise.

A lien was placed on our home for tile work that my husband did

Neither of us had any knowledge of this lien until I went to refinance.

My husband and I went through a dissolution (last year) - never knew about this lien then.

Is there a statute of limitations on how long... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 3, 2019

You will need to have a local attorney review the lien and advise you. As previously discussed, how to resolve it might depend on your separation agreement from the dissolution. A judgment lien or a mechanic's lien from 2015 would not have expired yet.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Will I get my daughter christmas eve

He has her bc it is his week. But last year he kept her christmas eve and got to wake up with her. Are paper work says that we rotate every year.. he says that I shouldn't get her christmas eve ??? Is this true

Joseph Jaap
Joseph Jaap answered on Dec 3, 2019

The paperwork should specifically state the dates and times for the holidays. If not in the paperwork, your local court might have standard specific guidelines for holidays that have been incorporated into the paperwork. If you can't work it out with him, then use the Find a Lawyer tab to retain... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: A lien was placed on my home that I knew nothing about. Never received any sort of notice. Found out about it when

trying to refinance my home. Lien was placed by some people that my husband did some tile work for. Husband and I are now divorced. What rights do I have to get this removed since we are no longer married.

Joseph Jaap
Joseph Jaap answered on Dec 3, 2019

If the lien resulted from a debt incurred during your marriage, and your divorce decree made your spouse responsible for that debt, then you could make a claim against your ex to pay off the lien. Use the Find a Lawyer tab to retain a local real estate attorney to review the lien, determine what... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: can I contempt mom for her boyfriend for whipping my children?

In the shared parenting agreement it states “the parties agree that each shall be responsible for disciplining the children during their time” there is a lot more in between that but the end “the parties further agree that it is each party’s responsibility to discipline the children and... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 2, 2019

The court has no way of knowing if a parent is not following the court-ordered parenting arrangement and other terms unless the other parent files with the court. Check the parenting agreement to see if mediation is required before filing with the court. If not, then if you file for contempt, the... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I am owner and have a 3yr tenant who am giving a 30 day notice can he appeal that if he has kids I am wanting to sell

He says heal appeal it and stay there for 90days free plus he has done alot of property damage

Joseph Jaap
Joseph Jaap answered on Dec 2, 2019

If he is causing property damage, file an eviction. The court will schedule the hearing a couple weeks later, and then give him 7 days to get out. There is no "90 days free." Use the Find a Lawyer tab to retain a local attorney to review the lease and the facts, and represent you in filing the... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Can my unmarried daughter alone sign a grandparent POA form or does the father have to sign too?

There has never been court ordered visitation or child support set up.

Joseph Jaap
Joseph Jaap answered on Dec 2, 2019

She alone can sign it. Father does not need to. And if they are unmarried, and no court has granted him any parental rights, he does not have any rights until he establishes paternity and files with the court for parental rights, and the court grants parental rights. Whether or not he does that,... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In the state of Ohio are there any laws against a home owner (ex fiance) throwing my personal belongings out in the rain

5 year relationship I paid 100% of down payment and closing cost. He is the loan holder. Do I have any rights? Other than being trusting and stupid. Can he just throw my belongings out and change the locks

Joseph Jaap
Joseph Jaap answered on Dec 2, 2019

If you name is not on the deed, then you were a tenant. You can sue him for wrongful eviction and the cost of the damaged property. You can file a claim in small claims court up to $6000. Check the local court web site for the forms and process.

1 Answer | Asked in Family Law for Ohio on
Q: Hi I am 17, I turn 18 July 28 I was wondering what the punishment would be if I voluntarily left home?

I have thought long and hard about this but I would be moving in with a family friend I would not be in danger

Joseph Jaap
Joseph Jaap answered on Dec 2, 2019

An 18 year old is legally an adult, and can decide where to live. If you change residency before you graduate HS, you might not be eligible to attend the same school. Would you still have health insurance, car insurance, or need other support from your family? Would the family friend care for... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: How do I get out of a marriage that's less than 60 days old.
Joseph Jaap
Joseph Jaap answered on Nov 27, 2019

File for divorce. Check the court web site for the forms to file, or use the Find a Lawyer tab to retain a local family law attorney to represent you.

1 Answer | Asked in Family Law for Ohio on
Q: Hell I'm wondering how I go about getting custody of my 13 year old son.

He is living with his mother and her boyfriend and a one-bedroom apartment boyfriend is very angry has been physically violent and smacked his mother in front of him no steady income in the houseas for me I work for a very reputable company I've been with my wife for 10 years I pay child support... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 27, 2019

Use the Find a Lawyer tab, retain a local family law attorney to represent you, and file for a change of custody.

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