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Questions Answered by Joseph Jaap
1 Answer | Asked in Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my abusive boyfriend evict me due to breaking up. He has harrassed me and followed me into the bathroom
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

If you do not have a written lease, then he can evict you. An eviction is a permanent public court record that can make it difficult to rent from a landlord who checks the records, and most do. So avoid having an eviction filed.

1 Answer | Asked in Child Custody for Ohio on
Q: Mother of my child hasn’t picked up my child yet it’s late at night no court paperwork child lives with mom full time
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

If you are not married to the mother, and there is no court paperwork, then the mother has full custody. If the child is staying with you without any court-approved agreement, then that is a risk for you. Use the Find a Lawyer tab to retain a local family law attorney to work out a custody... View More

2 Answers | Asked in Estate Planning for Ohio on
Q: Can I receive gold jewelry as an inheritance?

A person claiming to be an attorney claims I inherited nearly a million in gold jewelry but it has to be melted down into gold bars and sold. Is this true?

Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

It's a scam. Block the sender and do not communicate. Use the Find a Lawyer tab to retain a local lawyer to confirm it is a scam.

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1 Answer | Asked in Child Custody for Ohio on
Q: Is it legal to leave home at age 16 in ohio without being emancipated?
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

A parent or guardian has responsibility until a child reaches 18. Ohio does not allow a minor to seek emancipation, so talk to a teacher, school counselor, or other trusted adult about your situation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally... View More

1 Answer | Asked in Construction Law for Ohio on
Q: I paid 8 grand to a contractor to start a fence and he gave me a receipt, and never start the job, how i file a complain

The receipt has his name and company name, even somebody gave us his address and he is avoiding all type of a contact

Joseph Jaap
Joseph Jaap
answered on Nov 23, 2022

Check your local court's web site for the process and form for filing a complaint in Municipal Court. Use the Find a Lawyer tab to retain a local litigation attorney to represent you.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My sibling is 18 and pregnant, she has asked me to adopt the baby, what are the next steps.

We have talked and she knows that she’s not in the right place in life to raise a child and she’s asked me to adopt, just trying to figure out how to go about it.

Joseph Jaap
Joseph Jaap
answered on Nov 23, 2022

Adoption is done in probate court in your county. Check the court's web site for the adoption process, and use the Find a Lawyer tab to retain a local attorney who handles adoptions.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: We live in an OH duplex that is being sold. We have no lease. After year one they go M2M. Do we have any rights to stay?

The other tennant is new and has a lease until July of 2023. If the new owner wants to live in one half are we the one's that will be forced out? Our 13 year old is in special classes in this school district as well as counseling. It took a whole year to set up these badly needed services.... View More

Joseph Jaap
Joseph Jaap
answered on Nov 22, 2022

Without a written lease, a tenant is in a risky position. A month-to-month tenancy can be terminated by either tenant or landlord at the end of any rental period (typically the end of the month) by giving at least 30 days notice in writing to the other. If landlord gives notice, and tenant does... View More

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: Can my cousin sign her baby over to me after birth?

My cousin does not want another baby and I cannot have kids. She and the babies father has both agreed that they want to sign the baby over to me because they cannot afford or want another baby. How do they sign the baby over to me legally at birth?

Joseph Jaap
Joseph Jaap
answered on Nov 21, 2022

Use the Find a Lawyer tab or contact the local bar association to find an attorney who handles adoptions, which are processed in the local probate court.

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... View More

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: My daughters name was found to be on a students hit list.

Her name was on a students hit list. The school has a zero tolerance policy and only suspended the student for 10 days with a potential expulsion based on a closed door expulsion hearing that we are not allowed to go to. What would be our best avenue for how to handle this legally potentially... View More

Joseph Jaap
Joseph Jaap
answered on Nov 17, 2022

Talk to your local county prosecutors office, which might want investigate and will decide whether to pursue a criminal action. Then use the Find a Lawyer tab to retain a local attorney who handles civil litigation cases.

1 Answer | Asked in Divorce for Ohio on
Q: So my wife's mom is getting divorced they have been married since 2019 but they are getting divorced on mutual agreement

They don't have children together she has 2 13 year old boys and the husband has 1 14 year old girl and they do have shared Bank accounts

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

If both spouses agree on everything, they can proceed as a dissolution which is simpler, quicker, and cheaper. But each spouse still needs their own separate attorney. She can use the Find a Lawyer tab to retain a local family law attorney to answer questions and prepare documents for the... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a mental health illness and I want to break my lease less than 24 hours of moving in. Am I able to do so?

I took the keys on Friday November 11th around 3:30 pm and by Saturday the 12th at 11:00 am I told the property manager I wanted out of my lease. I signed a 12 month lease, and the place gives me severe anxiety to be in the unit, I haven’t moved all my belongings in yet, and I have 2 cats... View More

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

A tenant can try to negotiate a lease termination with the landlord, but the landlord doesn't have to agree. The tenant wouldn't have a good basis for termination, unless a court finds tenant was not mentally competent to sign a lease. A tenant is not required to move in, but if tenant... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In Ohio, is a Property Owners Association allowed to revoke owners gate pass access for past due annual fees?

1. No notice given about late dues and or gate access being revoked. 2. There are two gates one is automatic which can only be opened by a gate access card or by a key fob whether you're entering or leaving as well. The other gate is chained and locked shut with no keys given to property... View More

Joseph Jaap
Joseph Jaap
answered on Nov 14, 2022

It is very unlikely that a judge would allow that. But you might need a judge to put that in writing. Use the Find a Lawyer tab to retain a local real estate attorney who can review the homeowner documents, contact the board on your behalf to demand access, and file in court if necessary.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: When I turn 18, do the things that are “mine” become my property even if I didn’t buy them?

Most of the things were gifted to me and some were purchased myself. The things I want to take are used by me alone and probably so. Can I legally take them when I leave home. And what about my car if it is under my dads name but I’m the only one now that drives it?

Joseph Jaap
Joseph Jaap
answered on Nov 7, 2022

A vehicle belongs to the person named on the vehicle title. That owner would have to agree to change the title, or could demand the return of the vehicle. Gifts are gifts, and belong to the recipient. Although if ownership is disputed, there could be a lawsuit, and a judge would have to decide... View More

2 Answers | Asked in Family Law and Landlord - Tenant for Ohio on
Q: How do I evict my 18 year old child

He doesn't go to school or pay bills.

Joseph Jaap
Joseph Jaap
answered on Oct 28, 2022

You give notice to terminate his tenancy, and if he doesn't leave, you proceed with an eviction. Use the Find a Lawyer tab to retain a local attorney to do the eviction.

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1 Answer | Asked in Criminal Law, Family Law, Education Law and Juvenile Law for Ohio on
Q: Daughter turned 18 sept 30th ran away has missed school every day except 3 days school is kicking her out police won't

Help me with her because she's "18" she's not taking any of her depression meds birth control or anything she's doing drugs and drinking every day with this boyfriend 16 yes old police won't help me school is pressuring me I've told them she ran away but they said... View More

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

At 18, she is considered an independent adult, and she can make her own decisions free from parental control. You could file with the probate court to obtain guardianship of her -- if there is a doctor diagnosis that she might be a danger to herself or for other medical or psychological reasons.... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio. My husband and I are both on the deed. He wants to allow someone to hunt and I don't. How does this work

Do both owners need to agree or just one? My husband says he is going to give the person written permission. Can I tell the person to leave?

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

If you tell the person to leave, and they don't, the local police are not likely to do anything if your spouse says it is ok.

Each co-owner can use the property how they choose. If co-owners can't agree, then they can go to court, and a judge will decide. If unmarried co-owners...
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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Legally still married but separated does the husband have a right to be at a house only the wife is on the lease?

The wife doesn’t want him there

Joseph Jaap
Joseph Jaap
answered on Oct 24, 2022

If there are no court orders, then both spouses have equal access to the marital residence. It doesn't matter whose name is on the deed or lease. If a divorce is filed, then a spouse can ask the court for exclusive access to keep the other spouse away. But the judge doesn't have to agree.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Is there a patent on using a natural stone as a cooking surface, like a grill or stove? If so is it still active?

I am looking to sell a product that would require this. I would like to avoid getting in trouble because of someone's patent.

Joseph Jaap
Joseph Jaap
answered on Oct 20, 2022

That will require patent search of the US Patent and Trademark Office records by a patent attorney. Use the Find a Lawyer tab to retain a local patent attorney who can meet with you review your design and do a patent search to determine patentability or any issues of patent infringement.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio I found an 1947 easement that allows me to have foot traffic across my neighbors parcel. mentioned 1974

the easement was restated in 1974 then no ,mention to date. would the easement still be valid ?

Joseph Jaap
Joseph Jaap
answered on Oct 18, 2022

Whether it is valid depends on the exact terms stated in the grant of easement as recorded in the county records. There is no need to keep re-stating and re-recording an easement to keep it valid. Use the Find a Lawyer tab to retain a local real estate attorney to search the county records and... View More

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