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Questions Answered by Joseph Jaap
1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If our home lease doesn't end until February of 2022 can we get evicted for not renewing the lease in November

We're not behind on the rent, never has been

Joseph Jaap
Joseph Jaap
answered on Nov 29, 2021

If the landlord files an eviction, then the judge would determine if the tenant has breached a term of the current lease and an eviction is required. Use the Find a Lawyer tab to retain a local real estate attorney to review the current lease and advise you.

1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: My mom is 79. She has giving up on the will to live, but will not give my 3 sisters or I power of Attorney

She sits in her own Feeses & Filth until one of us show up & check on her.

She still has her mind, but we want to know what we can do to get her help. Everyone says without Power of Attorney we cant do anything.

What can we do

Joseph Jaap
Joseph Jaap
answered on Nov 29, 2021

You can file for a guardianship in the probate court. Check the probate court web site for the guardianship process, and use the Find a Lawyer tab to retain a local probate attorney who handles guardianships to advise you. You can also call local senior services to assist until the the... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My landlord is attempting to raise my rent because I have a child that is not on the lease. Is that okay?

I am on a month to month lease as of now, and last week my landlord texted my saying that my rent was to be increased due to my adult child. Then today, he texted me again demanding I pay even more on my rent for my minor child and threatened to evict me in two weeks if I do not pay. I do not have... View More

Joseph Jaap
Joseph Jaap
answered on Nov 29, 2021

If a tenant is on a month to month lease, either tenant or landlord can terminate the lease by giving 30 days notice in writing. Landlord also can give tenant notice that the rent is increasing. If tenant does not pay, then landlord can give the 30 day notice to terminate the lease, and if tenant... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Is a lease termination fee enforceable as a penalty if the landlord is able to find a new tenant upon lease termination?

Cincinnati, Ohio- I submitted a notice to vacate 60 days prior to moving out of my apartment. I am breaking my lease prior to the agreed end date of my lease. The lease agreement contains a clause stating early termination of lease will result in a fee equal to two months rent. Is this enforceable... View More

Joseph Jaap
Joseph Jaap
answered on Nov 22, 2021

If you don't pay, and then landlord sues, the court would determine if it is enforceable or not. But landlord might not sue, and instead might make an adverse entry on your credit report for non-payment, lowering your credit score and making it difficult to rent from a landlord who checks... View More

1 Answer | Asked in Contracts for Ohio on
Q: Is it possible to get back a non refundable deposit back from a vendor is there is no communication

I have contacted the vendor many times by emailing and by phone no response. I have to go the company website and complete a inquiry to get in contact with someone and finally got a response sept 25 stating that she would provide me with the update proposal from back in July in a one week or so.... View More

Joseph Jaap
Joseph Jaap
answered on Nov 19, 2021

Do you have a signed contract with them? If so, what does it say about dates to complete the planning? Does it have any deadlines that caterer has missed? Does it have a termination provision? Make contact with them whatever way you can, and try to work it out. Or sue them for breach of contract... View More

1 Answer | Asked in Contracts and Civil Rights for Ohio on
Q: Booked a caterer for my wedding. After tasting that took place in July was supposed to be provided a update proposal.

I have reached out to the vendor by calling and sending emails never got a response I had to go onto their website to do an inquiry to even get a response and when I did they told me that they will get back to me by sending out a proposal in a week or so it’s going on November now and I have yet... View More

Joseph Jaap
Joseph Jaap
answered on Nov 19, 2021

Do you have a signed contract with them? If so, what does it say about dates to complete the planning? Does it have any deadlines that caterer has missed? Does it have a termination provision? Make contact with them whatever way you can, and try to work it out. Or sue them for breach of... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Ohio on
Q: I'm 17. I plan to run away from home and from my abusive parents. What can my parents do then?

Can my parents force me back home? Can people harboring me be punished?

I doubt that I can prove any instance of abuse, but, even knowing how dangerous living on the streets is, I would rather be homeless than live with my parents. That said, I may be able to get a friend to take me in, at... View More

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2021

If someone assists you in running away, they could get into trouble. So before doing anything, talk to a teacher, school counselor, or other trusted adult about your situation. They are the people in the best position to find help for you in this difficult situation. And they will help you. So... View More

1 Answer | Asked in Contracts, Criminal Law, Banking and Business Formation for Ohio on
Q: My mom’s boyfriend has 50,000 from selling a house. He owes money and wants me to hold it for him.

He wants to transfer the money straight into my bank account. Is this money then legally mine? Is there any legal action he can take if I don’t give it back? He has no access to my bank other then him having it transferred

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2021

If it is not a gift to you, then you are holding it in trust for him, and it would not be legally yours. But he would not have access to it, and if you refused to give it back, then he would have to sue you. If there is no signed agreement stating the terms by which you are holding the money for... View More

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: How can a wife get legal access to husbands apartment in ohio to live if not on lease? Can he allow me to be homeless.

I never lived at the apartment and we moved then he wouldn’t let me in or give me a key.

Joseph Jaap
Joseph Jaap
answered on Nov 16, 2021

You can file for divorce and ask for spousal support to help you pay for a place to live and ask for him to pay your legal expenses. Use the Find a Lawyer tab to retain a local divorce attorney who can advise you of your options.

1 Answer | Asked in Family Law for Ohio on
Q: My husband bought a house and wants me to sign away my dower rights to the house. We are not together right now.

We have not filed for divorce yet. We also have a daughter. Is there any reason why I should not sign this?

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2021

Do not sign anything until you have spoken with an attorney. Use the Find a Lawyer tab to retain a local divorce attorney who can review your situation and advise you of your options.

1 Answer | Asked in Contracts for Ohio on
Q: My rental company sold property to a new one. I never signed a new lease, does the new company need to follow old lease?

My rental company in Ohio sold my apartment complex to a new rental company. One day I just got a random note on my door saying it was now under new ownership. I never was required to sign a new lease with the new company. The only lease I have is with the old company. I am now looking to sublease... View More

Joseph Jaap
Joseph Jaap
answered on Nov 12, 2021

The sale remains subject to all the existing leases that are in effect. The new owner cannot make changes to lease terms until the lease is renewed, if tenant agrees.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: what do I do if my landlord refuse to pay for roach extermination

I moved in in april paid a 700 deposit had to clean the apartment myself found cockroaches have been asking for professional exterminator since landlord says he wont pay for professional but will buy paste to put on the walls but I have a small child and the paste is not safe he also called all... View More

Joseph Jaap
Joseph Jaap
answered on Nov 11, 2021

Call the local health dept. which might send out an inspector to order landlord to do more. Also check your local court web site for the process to start paying your rent on time each month into escrow with the court. The court will then have the landlord come in to explain what is being done to... View More

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: Can we end the lease if we don’t have the washer that was promised to us? We have been living here a month waiting

If we end our lease can we get the deposit back or do we have to keep paying full rent even though we don’t have what was promised to us?

Joseph Jaap
Joseph Jaap
answered on Nov 8, 2021

If you try to end the lease, the landlord could sue you for breach of the lease and file an eviction. Not having the washer probably would not be a valid defense, but it could be. If landlord files an eviction against you, it is a permanent public record that can make it difficult to rent from a... View More

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1 Answer | Asked in Divorce for Ohio on
Q: Do we need to complete the financial affidavit in a dissolution of marriage without children?

My husband I are filing for dissolution of our marriage in Montgomery County, OH. We are in agreement on all terms in the Separation Agreement. Will we really need to file the financial affidavits? We own nothing mutually. Nobody is requesting spousal support.

Joseph Jaap
Joseph Jaap
answered on Nov 8, 2021

Check the local court web site for which forms are required, or call the court and ask. If you do not file all the required forms, the process will not go forward.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: can my landlord terminate lease stating he sold home if he has not? only to move other Tenants in?

I was giving a letter stating he was terminating the lease because he sold the home and the new owners wanted to live in the property. However he did not sell the home and plans to move new tenants in.

Joseph Jaap
Joseph Jaap
answered on Nov 4, 2021

Selling a home does not give the owner or new owner a basis to terminate existing lease rights. Any current written lease will continue in full force until the expiration date stated in the written lease. A tenant would not have to leave, and the owner has no right to force tenant out, until the... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: If my grandfather signed the house over to me 14 years ago can he just take it back
Joseph Jaap
Joseph Jaap
answered on Nov 1, 2021

Use the Find a Lawyer tab to retain a local real estate attorney who can search the title to the house in the county real estate records, determine the document he used to sign it over to you, and advise you if it can be taken back.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father passed away back in April 2020. He had a will done and a Trust done after my Mother passed away back in 2012.

The attorney that did my Fathers will and Trust is a close friend of my brother. I have 2 brothers and 3 sisters. I just recently found out from this same brother that he and my other brother and 2 of my sisters went with my Dad to get his will and Trust done. My 2 sisters that were there were put... View More

Joseph Jaap
Joseph Jaap
answered on Nov 1, 2021

Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: I have a question about a will and Trust my Father had done after my Mother passed away in 2012. My Dad died April 2020.

My sister is Executrix of my Fathers Estate and another sister is Trustee of the Trust. I am a beneficiary of the Trust. When I was questioning the Executrix about the inventory of my Fathers estate she became very upset. I was never offered or contacted by the Trustee about getting a copy of the... View More

Joseph Jaap
Joseph Jaap
answered on Nov 1, 2021

Talk to the attorney for your father's estate with your questions about the authenticity of the trust document. Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What can I do if my property manager wont replace my moldy AC unit?

The AC unit is included in the rental, but not mentioned specifically in the lease. I notified my property manger on Sept. 28th that the window AC unit had mold behind the vents. I asked for it to be replaced and after a little back and forth they said they had to order a new unit and it would be... View More

Joseph Jaap
Joseph Jaap
answered on Oct 28, 2021

You'll have to work it out with the property manager. AC won't be needed for months. With all the supply chain disruption, AC equipment might be hard to find until spring.

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... View 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... View More

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