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Questions Answered by Joseph Jaap
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My ex says he’s going to take me to court for rights to our kids. We were never married in ohio. What can I do

He has never been consistently involved in their lives. He was abusive to me in the relationship and says I was abusive to him when I was protecting myself (scratching to get away)

He just lost a case for a name change for our son to remove the fathers last name and only have the mothers name

Joseph Jaap
Joseph Jaap
answered on Jul 21, 2022

If you are not married, then in Ohio, custody issues would be decided in Juvenile Court. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Does my landlord have to give a 30 day notice to raise the rent? Is 18 days enough notice to raise my rent?
Joseph Jaap
Joseph Jaap
answered on Jul 20, 2022

It depends on what your lease says about rent increases, and if it requires advance notice about rent increases. If you are month to month tenant, and you don't pay the increased rent amount, then landlord could terminate your occupancy at the end of the next month by giving 30 days'... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Am I, as a townhome owner, responsible for the replacement of dry-rotted studs on exterior walls?

The siding has been repaired in the 5.5 years I have lived here, when it should have been replaced. The patching and hammering for repairs is what cause the drip edge to fail, thereby causing the damage. HOA states that they will replace siding, but I have to pay for the studs, even though it is... View More

Joseph Jaap
Joseph Jaap
answered on Jul 19, 2022

It depends on how the Condominium Declaration defines your "unit." If it is from the interior surface of the walls, then the studs would be part of the condominium common area and the responsibility of the condo association to make repairs. Contact your insurance agent and then use the... View More

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: ORIGINAL POA lost in Summit county Ohio. Have copies. What can we do trying to sell ahouse my moms

Summit County Ohio

Joseph Jaap
Joseph Jaap
answered on Jul 13, 2022

Without the original POA to be recorded, it is unlikely that a buyer would accept a deed. A guardianship might be required. Use the Find a Lawyer tab to consult a local estate planning attorney who can review the situation and advise of options.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I throw out a tenant with no lease, no rent, he's in a nursing home, refusing to tell us whether he plans to return?

In Ohio. He's been in the nursing home for 2 months, refuses to send me any notification of whether he plans to return. Isn't paying rent. There's no lease, and never was one because he is my father, and I was helping him out. His things are still there, but he isn't. He will... View More

Joseph Jaap
Joseph Jaap
answered on Jul 8, 2022

You must do a formal eviction process or tenant could sue you for unlawful eviction and collect damages. Use the Find a Lawyer tab to retain a local real estate attorney so it is done properly.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My landlord performed a self eviction after only 2 weeks and my stuff is gone. What to do?
Joseph Jaap
Joseph Jaap
answered on Jul 7, 2022

Landlord did an illegal eviction. Sue landlord in small claims court for the value of lost property, alternate living costs, etc. The limit for a claim in small claims court is $6000. If more than that, sue in municipal court. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If a landlord gives you 60 days to move cause they selling the property do you have to pay rent
Joseph Jaap
Joseph Jaap
answered on Jul 6, 2022

Sale by owner is not an excuse for tenant not to pay rent. Landlord could file an eviction and/or make an adverse entry on tenant's credit report, lowering tenant's credit score and making it difficult for tenant to rent from a landlord who checks the court records or credit scores.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: In a will…does “life estate in a property at XYZ address” mean the house, the land, or both?
Joseph Jaap
Joseph Jaap
answered on Jul 2, 2022

It typically would be interpreted to mean all of that, as described in the decedent's deed of record. But it could be subject to challenge in probate court depending on all the circumstances and other factors that could make it ambiguous. Use the Find a Lawyer tab to retain a local probate... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Are promissory notes legal if my signiture is not on it. Nane is printed but where it says signiture its blank?
Joseph Jaap
Joseph Jaap
answered on Jun 30, 2022

An oral contract for the loan of money is enforceable in court. The promissory note could be introduced in court as evidence of the terms of the loan along with oral testimony that the money was loaned and received by the borrower with the borrower's promise to repay it.

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2 Answers | Asked in Land Use & Zoning and Tax Law for Ohio on
Q: Just took a walk on my property (OH). My neighbor chopped down a bunch of my trees and destroyed the boundary line fence
Joseph Jaap
Joseph Jaap
answered on Jun 25, 2022

Take photos, get a surveyor to mark the boundary, get an arborist to determine the value of trees lost and cost of replacement, and cost to replace fence. Contact your insurance agent, ask your neighbor to pay your monetary damages, and use the Find a Lawyer tab to retain a local attorney to... View More

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Landlord blackmailing me?

So, my landlord is my grandmother. She has been for the

past year. We have had no problems at all during this time

up until recently when we had a death in the family and

custody issues over my nieces. She wants custody while

my parents want custody. Well, today she... View More

Joseph Jaap
Joseph Jaap
answered on Jun 24, 2022

If a tenant does not have a written lease, then landlord can terminate the tenant's occupancy at the end of the paid-up rental period by giving 30 days written notice. Landlord's reason for termination doesn't matter. If tenant doesn't leave, landlord can evict the tenant by filing with the court.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Girlfriend went to jail for child endangering, she was high on something. What can I do? I'm the father

There is no court ordered child custody. This isn't the first time. Would it be easier to get mom to agree to custody for me or should I take it to court

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2022

File in Juvenile court for paternity and custody. Use the Find a Lawyer tab to retain a local family law attorney.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Is my landlord aloud to do this?

My landlord had people viewing the outside of our duplex without us knowing and i asked if she was selling the duplex and she said it was just word of mouth and it wasn’t listed for sale. 5 days later she tells me she is having people come in to view the inside, can she do this if it’s not... View More

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2022

Ohio law allows a landlord access upon "reasonable notice," typically 24 hours, to show to prospective buyers or renters, and listing for sale or rent is not required. If you refuse, landlord could file to evict you, and at the eviction hearing, you could tell the judge your concerns... View More

1 Answer | Asked in Business Law for Ohio on
Q: If I own a company, and own a piece of property. Can I lease my property to my own company???
Joseph Jaap
Joseph Jaap
answered on Jun 21, 2022

Yes you can. Use the Find a Lawyer tab to retain a local attorney to advise you of the proper action your company should take to authorize leasing from you, and also to draft a lease. There might also be income tax issues, so talk to your business tax advisor.

1 Answer | Asked in Divorce for Ohio on
Q: Me and my wife been separated for 7 yrs and we don't really talk anymore I'm just trying to figure out to get divorced
Joseph Jaap
Joseph Jaap
answered on Jun 9, 2022

If you have been separated that long, and if you have already divided your property and assets, then you could terminate your marriage by filing for a dissolution -- but you both have to be able to agree on everything. Otherwise you file for divorce. Use the Find a Lawyer tab to talk to a local... View More

Q: My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.

The wording of this document... View More

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney who can review the document, your current activities regarding other patents, and then advise you accordingly of any changes to the document before you sign it.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: While under contract to buy a home the seller created an easement with the neighbor. It was recorded 7 days after I clos

The easement was signed by the seller and my neighbor in August. My contract to purchase the home was July. I closed on the purchase on 8/31/2021 and the easement was recorded in sept.

Although I understand why an easement might be needed, I am not comfortable with the current language in... View More

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2022

It is legally possible for a seller to grant an easement while still owning the property before the closing, although many purchase contracts say seller can't do that. But if seller does it anyway, the easement is still valid, but seller's action would be a breach giving the buyer a... View More

1 Answer | Asked in Family Law for Ohio on
Q: When I turn 18, are my parents legally allowed to keep restrictions on my phone?

They limit what times I can be on it via software they downloaded. This also blocks certain apps and websites (Pinterest, LinkedIn, Amazon, ect. Very basic cites like that.) As of now, I will still be living with them when I turn 18, and will probably still be paying for the data plan.

Joseph Jaap
Joseph Jaap
answered on Jun 7, 2022

The person whose name is on the contract for the cell phone service can impose whatever restrictions they want on any of the phones registered under that contract.

2 Answers | Asked in Estate Planning for Ohio on
Q: I owe more on my home then it’s worth. Does the beneficiary of my small life insurance have to use it on the house,

My house has foundation issues so no one will buy it.

Joseph Jaap
Joseph Jaap
answered on Jun 6, 2022

Life insurance benefits are paid directly by the insurance company to the beneficiary named by the policy owner. That money is not part of the homeowner's estate. The executor of the homeowner's estate will have to decide what to do with the house, and could transfer it to the mortgage... View More

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can an inspection notice be for 2 weeks and they come in whenever during that time? Online it’s saying 24-48hr heads up

This is not a24-48 hr heads up My inspection notice is for June 6-20 from 9-6pm including weekends..

Is this allowed?? I’m researching and see you have to have a24-48 hour heads up when knowing if someone is to be entering your apartment and this doesn’t feel like a heads up. Inspection... View More

Joseph Jaap
Joseph Jaap
answered on Jun 6, 2022

Ohio law only requires that landlord must give "reasonable notice," but does not define what is reasonable beyond saying that 24 hours is "presumed" reasonable. https://codes.ohio.gov/ohio-revised-code/section-5321.04 Ohio law also requires landlords to keep the premises fit... View More

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