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Questions Answered by Joseph Jaap
1 Answer | Asked in Landlord - Tenant for Ohio on
Q: After I move out during an eviction, with no scheduled court date, do I need to pay the remaining rent balance?

I’ve recently been evicted and I have no known court date. I am 18 and have no idea what I am doing or what’s going to happen. I have a place to live but I need to know if I’ll need to pay my remaining rent due which I was evicted for not paying rent. The balance is a lot and there’s really... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 25, 2021

If you don't pay the rent that you owe, the landlord might decide to sue you for it. Usually that claim for money is filed along with an eviction lawsuit. So you might get a notice of a future court hearing on how much you owe. Or the landlord might not bother to pursue that unpaid rent, if... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can my husbands 401k get tranfered to my bank account after divorce and qdro form or does it have to go into another 401

Divorce hearing is less than a month. We have a qdro form. Can the $ get transferred to my bank account? Does it have to go into my own 401k?

Joseph Jaap
Joseph Jaap answered on Oct 25, 2021

You must to talk to your lawyer about the 401k and what can be done with it. If you don't have an attorney, use the Find a Lawyer tab to retain a local divorce attorney who can review the circumstances, advise you, and prepare a QDRO if needed.

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: My grandmother died and owes on her mortgage. Could you tell me the process of me being the successor of the property?

We were living with her when she died but without the deed we can't get water in our name and we can't pay mortgage payments without them giving us the account info

Joseph Jaap
Joseph Jaap answered on Oct 22, 2021

You can check the county real estate records to get a copy of the deed. A family member will have to file her will in the probate court to be appointed executor, or if she had no will, apply to be appointed administrator of her estate, who will then have legal authority to deal with her finances,... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My ex-husband and I've been living together in Ohio in the marital home together throughout disillusionment

His name is the name on the deed the disillusionment agreement says we each get 50% at the home it was signed by the judge finalized we both continue 2 reside here it's for sale exhusband tells me I'm a squatter and I need to leave can he do this?

Joseph Jaap
Joseph Jaap answered on Oct 22, 2021

Whether you can stay depends on the terms of the Separation Agreement which would be attached to the Decree of Dissolution filed by the court. Review that Separation Agreement then talk to the attorney who handled your dissolution case. If you didn't have an attorney, that could be a... Read more »

2 Answers | Asked in Probate for Ohio on
Q: How can I gain access to my mothers bank account now that she is deceased?

Both my parents are deceased. They did own a trailer but the landlady of the park took the trailer and any assets inside and all that is gone now. There is only a bank account left. They did not have a will and I was power of attorney for my mother before passing . Is it possible for me to be able... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 15, 2021

There is simplified probate process for small estates. Contact the probate court in the county where your mother lived. They might help you with the necessary forms. If not, use the Find a Lawyer tab to retain a local probate attorney who can advise you. But that might not be cost-effective.... Read more »

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2 Answers | Asked in Landlord - Tenant for Ohio on
Q: I am the main-applicant of my apartment. Can I get co-applicant evicted

The co-applicant is my girlfriend. She constantly harasses and threatens me. She will scream and yell for hours if need be. She does not help with any bills or household necessities (including food). She has no problem slandering me or my family constantly. She has no respect for me or anything in... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 15, 2021

There are some problems the legal system cannot solve. If you were married and filed for divorce, you could ask for exclusive occupancy of the apartment and for the court to order her out. But for unmarried couples living together, the legal system does not resolve their disputes. Try talking to... Read more »

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: (OHIO) Is/was it legal for a landlord to raise the price of rent during covid pandemic?

Had verbal agreement with father of land lord (original landlord), to never raise the rent as long as occupying residence.

Joseph Jaap
Joseph Jaap answered on Oct 13, 2021

There was a moratorium that prevented some evictions during the pandemic, but nothing that prevented changes in rent. Without a written agreement specifying the lease rent, then it is month-to-month tenancy, and the landlord can change the rent or any other terms, or even terminate the tenancy by... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: In Ohio, can a landlord prevent a tenant from being present during a final inspection before move out

I have moved out of my apartment and attempted to schedule the final walkthrough but the landlord indicated that they do not do final inspections with the tenants, which makes me concerned about their intentions during the walkthrough. Do I have any right in the eyes of state law to be present

Joseph Jaap
Joseph Jaap answered on Oct 11, 2021

Nothing requires landlord to have tenant accompany on a final inspection. If not arranged before vacating, tenant should make its own detailed inspection including photographs when all belongings have been removed, to be able to document the condition if landlord makes any deductions from the... Read more »

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord evict you so he can move in?
Joseph Jaap
Joseph Jaap answered on Oct 8, 2021

When a tenant's lease term expires, the landlord does not have to renew the lease, and can evict the tenant If tenant does not have a written lease, then the tenant has a month to month tenancy, and either landlord or tenant can terminate that tenancy at the end of any month by giving at... Read more »

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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: What all do I need in order to be names as administrator if my father's estate if there wasn't a last will and testamen.

He didn't own his home and his vehicle when back to the finance company. He did have a life insurance policies I'm sure but how do I track them down.

Joseph Jaap
Joseph Jaap answered on Oct 6, 2021

You'll have to go through his papers to try to find any life insurance policies. There is no other easy way to find out if he had insurance. If you find any life insurance policies, you can send a death certificate to the companies to notify them of his death. They will pay insurance... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: I purchased a home in 2017 ..and got married in 2020 is she entitled to anything pertaining to this home?
Joseph Jaap
Joseph Jaap answered on Oct 6, 2021

Yes, as a spouse , she acquired rights in the home and any other real estate and property that you own. If you sell the home, she would have to agree to sign the transfer deed. In a a divorce, she could be entitled to receive a portion of any increase in equity during the time of the marriage.... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Ohio on
Q: Trespassing vs fourth amendment

Private club. Former member refusing to leave our property.

He has mobile home on property and refusing to remove it.

Informed that we have to give him access to and from his trailer.

Is he allowed to roam the 30 acre property or can we prevent that?

Joseph Jaap
Joseph Jaap answered on Oct 1, 2021

File an eviction action and after he is evicted, if he returns, call the local police for any trespassing. Use the Find a Lawyer tab to retain a local real estate attorney to file the eviction.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my rent be increased during a pandemic? Are we still classified as in a pandemic?
Joseph Jaap
Joseph Jaap answered on Sep 30, 2021

Rent can be increased as provided in the lease. Or if the lease expires, landlord can increase the rent for the new lease term. The moratorium on evictions expired. There were no restrictions on rent increases because of the pandemic.

1 Answer | Asked in Family Law for Ohio on
Q: My father died in April. I was never notified by his new wife. I am the only son. What should I do.

Father remarried after my mother passed. Items of mine and family members of my mother that she requested to be returned to her side of the family were never returned. I only learned of this death from a call of a debt collector trying to collect on something in my fathers name. Wife has never... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 24, 2021

It could be difficult or impossible for you find anything belonging to your father. His will might have left everything to his spouse. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise you of your options.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Hi I was just wondering/want to ask and find out for sure for sure for someone I know.

I wanted to ask and double check and make sure for sure because his landlord is starting to throw him out because he's a little behind on his rent for this month and everything but I was wondering and wanted to make sure if because he's old and he's disabled he's like 60... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 24, 2021

It is good that you are willing to help. A landlord can evict any tenant who is behind on rent, even if only a little behind. Talk to the landlord, and then talk to local senior services agencies or rental agencies that might be able to help the tenant pay rent or find him a new place if he is... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my mother in law kick her boyfriend out of her apartment?

Mother in law and her boyfriend moved into an over 55 community in Ohio. He is not on the lease and doesn't pay any of the lease payments. He does give her money once a month to help pay for things. She discovered he's been making unauthorized charges on a credit card that he got in... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 23, 2021

If he asserted a legal right to stay, then the manager could file an eviction. Talk to the manager about it.

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Ohio on
Q: Why don’t HOA’s allow essential critical infrastructure workers, emergency plumber, park their vehicles at their homes?

When renting the home I was not told or given any information about the HOA, nothing in the lease. I am trying to work w HOA, even tho legally they should be dealing with home owners, but they are just condescending, rude, and bullying throwing their attorneys around. I have been nothing but... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2021

HOAs are governed by a set of rules specified in a declaration that has been recorded in the county records and is binding on all the home owners and any others staying in any of the homes. The HOA rules provide fines or legal action for violations. They typically prohibit outside parking of... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Divorce Everything has been settled between us. Do i still have to list of bills /property for the court system
Joseph Jaap
Joseph Jaap answered on Sep 20, 2021

The divorce process requires both spouses to file the required affidavits of property and income with the court and provide copies to each other. Use the Find a Lawyer tab to retain a local divorce attorney to advise you.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I bought a house 3 years ago. There was no disclosure at closing that a in ground pool was buried in yard. I now have

a sink hole in the yard where the pool was. What can I do? Are there legal avenues to take?

Joseph Jaap
Joseph Jaap answered on Sep 20, 2021

If the seller had removed the pool, and there were no problems, there might have been no duty to disclose it. Find out the cost to correct to the sinkhole problem, then use the Find a Lawyer tab to retain a local real estate litigation attorney to review all the facts and advise you what action... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I have a joint custody agreement with my ex-husband but I would like to move 5 hours away. Can I legally do this

I would work out items with him directly but want to make sure I have rights

Joseph Jaap
Joseph Jaap answered on Sep 20, 2021

You must notify the court of your potential change of address. The custody agreement will need changes that must be approved by the court, and the court can hold a hearing if you and your ex cannot agree. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and... Read more »

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