Questions Answered by Joseph Jaap

Q: I live in ohio and am not sure who my babys father is. One of the potential dads has a violent past (assult and drug

1 Answer | Asked in Family Law for Ohio on
Answered on Dec 17, 2018
Joseph Jaap's answer
The father would first have to prove paternity with a DNA test, and then file in court seeking parental rights. The court will decide what is in the best interest of the baby. It could grant father rights, but with an infant, it would only be short amounts of time at first. And you should then apply for him to start paying child support. Until the court grants father any rights, mother is the sole custodian, and makes all decisions, and does not have to let anyone else see the infant. Use...

Q: Can I break my lease and not have to pay out the term of lease if I forced to move out due to safety concerns?

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Answered on Dec 17, 2018
Joseph Jaap's answer
There is no such law allowing you to terminate your lease. But you could give landlord a written notice of the problem and then start paying your rent each month on time into escrow with the local court, which can schedule a hearing to determine if landlord has any responsibility to do anything. Check the local court web site for the escrow process.

Q: I am a 18 years old. My boyfriend is 15. Since I turned 18 we have had problems with family matters if it is legal.

2 Answers | Asked in Juvenile Law for Ohio on
Answered on Dec 17, 2018
Joseph Jaap's answer
You are 18. An adult. He is a minor, below the age of consent of 16. Depending on what you both do, you could be charged with a criminal act and if convicted, possibly go to jail and be required to register as a sex offender for life.

Q: Father passed with no will! Step mother has shut us out of our fathers home. She left him 2 years ago, do we rights?

2 Answers | Asked in Probate for Ohio on
Answered on Dec 14, 2018
Joseph Jaap's answer
When someone dies without a will, these things often happen, and can be very difficult to stop. Probate does not happen automatically. Somebody has to file it with the probate court. Any family member can file with the probate court to be appointed as administrator of the estate. The administrator can then change the locks on the house and exclude others from entering. The administrator then prepares an inventory of all the assets and debts, including the mortgage, and files it with the...

Q: Im sending my daughter to live in Dayton oh with family. I’m not interested in giving them custody.

1 Answer | Asked in Child Custody for Ohio on
Answered on Dec 13, 2018
Joseph Jaap's answer
You must provide whatever legal documentation that the school district requires for registration. And without proper legal documentation of temporary custody, medical treatment could also be a problem for her.

Q: Is it my responsibility to make sure a tenant returns a new lease.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Dec 13, 2018
Joseph Jaap's answer
It is not a legal requirement for landlord to do that, but if landlord does not have a lease signed by tenant then landlord can say it is a month to month tenancy, which can be terminated at the end of any month by giving 30 days written notice. Written notice given now would be effective to terminate tenancy on January 31, and if tenant does not leave, then you could file an eviction. Tenant is likely to provide a copy of the lease to avoid that. But if it expires in 2 months in February,...

Q: I am losing my sale of home in Bedford,Ohio due to a 10 year old POS that came up prior to closing.

1 Answer | Asked in Civil Litigation for Ohio on
Answered on Dec 13, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local real estate attorney where the property is located to work it out with the inspector and advise you.

Q: Can the property manager force you to stay to the last day of a lease?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Dec 12, 2018
Joseph Jaap's answer
If the lease says they can charge penalties, then they can. Review your lease. If they withhold money from your security deposit because you leave before the end of the month, and you dispute it, you can sue landlord in small claims court to recover the amount withheld, and the court will decide if charging you the penalty was correct, based on what the lease says. Use the Find a Lawyer tab to retain a local real estate attorney to review your lease and advise you.

Q: Once we gave notice of intent to leave, they now want to enforce a clause in the lease, can they do this?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Dec 12, 2018
Joseph Jaap's answer
There isn't much you can do to prevent landlord from towing, other than threatening to sue if they do. If they have the car towed, you will have to pay the tow company to get it back. You could then sue the landlord in small claims court for wrongful towing, and the court will decide if the landlord or you violated the lease. Try to work it out, or find another place to park a vehicle to avoid towing.

Q: when will I receive payments?

1 Answer | Asked in Family Law and Child Support for Ohio on
Answered on Dec 11, 2018
Joseph Jaap's answer
It could take several weeks, especially over the holidays. Call the child support agency and ask them for an estimate. Don't count on receiving anything until possibly January. It might come sooner, but probably not.

Q: There is a discrepency on our lease agreement.

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Dec 11, 2018
Joseph Jaap's answer
A court might have to decide that, depending on how it interprets the somewhat ambiguous language in the lease. If you don't pay, landlord could sue you or deduct from your security deposit. Even if landlord does not sue, landlord could make an adverse entry on your credit record, lowering your credit score and making it more difficult to rent from a landlord who checks.

Q: Can my landlord throw my washing machine away without my permission?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Dec 10, 2018
Joseph Jaap's answer
File a police report, although they are unlikely to do anything. Sue the landlord in small claims court.

Q: The landlord won't allow hook up of a washer so it was kept in the yard.he came and took it to trash.is that legal?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Dec 10, 2018
Joseph Jaap's answer
You can file a police report, but they are unlikely to do anything. You could sue landlord in small claims court.

Q: My cousin is 14 and she wants to come live with me because her boyfriend is abusive. What would be the right steps

1 Answer | Asked in Family Law for Ohio on
Answered on Dec 10, 2018
Joseph Jaap's answer
The right steps would be for her parents to take care of the situation with the boyfriend, by reporting his actions to the school or police.

Q: We are separated and live in different states - not the one married in - where do we file for divorce?

1 Answer | Asked in Divorce for Ohio on
Answered on Dec 7, 2018
Joseph Jaap's answer
Either of you could file in your state of residency if you meet the time requirements. To file in Ohio, you must be a resident for 6 months, and 90 days in the county in which you file. If you and your spouse agree on everything, and the spouse will cooperate and participate, you can prepare all the documents, get the spouse to sign, and file as a dissolution if your spouse will come for the final hearing, or file it as a divorce if spouse does not intend to come. If there are any assets to...

Q: I need a family lawyer to go to court with me January 2019

1 Answer | Asked in Child Custody for Ohio on
Answered on Dec 7, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to contact local family law attorneys and find one who can work with you. The court must decide what is in the best interest of your son, based on testimony and evidence presented to the court at the hearing. A lot will depend on what your mother says to the court about you and your current situation. The unpaid child support is a separate issue. You can contact the local child support office to have them try to collect it, and you can file with the court to have...

Q: someone call health dept because landlord wont fix a sewage leak in basement of house she rented to me

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Dec 7, 2018
Joseph Jaap's answer
If the house is condemned and you can't live there, that is a breach of lease by the landlord, and it terminates the lease. You can sue landlord for monetary damages in small claims court, such as the cost of moving. Try to work it out with the landlord for you to leave early if landlord won't fix it.

Q: Is my landlord a landlord?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Dec 6, 2018
Joseph Jaap's answer
If you were to stop paying, and she would then evict you, then she is a landlord. Tell her to write the letter or you will call the city. Then prepare to be evicted.

Q: Can my landlord charge me extra month rent because my 30-day was served to her on the 3rd instead of the 1st?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Dec 6, 2018
Joseph Jaap's answer
If you did not give the full 30 days written notice as required by the lease agreement, then landlord can charge you an extra month rent - and you can remain living there for that extra month. If you leave and don't pay, then landlord can deduct from your security deposit, or sue you, or make an adverse entry on your credit report, lowering your credit score and making it more difficult to rent from a landlord who checks.

Q: I recently sold my home. On the disclosure, I stated the septic would back up during very wet weather,

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Dec 6, 2018
Joseph Jaap's answer
You disclosed it. It was up to them to inspect. But anyone can sue, so they could do that, or threaten that. If they do, use the Find a Lawyer tab and retain a local real estate attorney.

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