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Questions Answered by Taylor P Waters
1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Ex kicked me out and kept the puppy. I am now stuck with a large vet bill that’s in my name.

I don’t have possession of the puppy and yet I am left with the bill. I didn’t have anywhere to go with the pup at first so I said he could take care of her. Is there anyway I can get out of a contract if I don’t have the dog ? Also, since I am the owner (says the vet) do I have rights to... Read more »

Taylor P Waters
Taylor P Waters answered on Jan 27, 2020

You can file a small claims action for either the vet bill or the dog. You can also plead in the alternative for either. For example, your requested relief from the court can be either he turns over the dog, or he pays the vet bills.

1 Answer | Asked in Real Estate Law for Ohio on
Q: We recently purchased a house. After being in the home 5 days, there is a large leak in the living room from upstairs.

Do we have any recourse? Does the owner, the home inspector or real estate agent have any liability? The plumber is telling us this was a covered up issue from his findings. The repairs are going to cost us a lot of money. Help!

Taylor P Waters
Taylor P Waters answered on Jan 8, 2020

Hi there,

If you have a plumber stating the issue was covered up and it was not listed on your residential property disclosure, then you can likely pursue the seller of the house for fraudulent misrepresentation, breach of contract, promissory estoppel, unjust enrichment, and fraud....
Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Is it legal to sell someones assets before they die ?? Please see the "More Information" section for precise details

in april 2015 a month before my uncle died 3 home health care workers liquidated assets of my Uncles house worth 700,000 dollars .. sold it for 5000000 .. They were actively disposing of his assets before he died ... My uncle had alzheimer's ..his cause of death on the death certificate says... Read more »

Taylor P Waters
Taylor P Waters answered on Dec 16, 2019

This is the kind of question that cannot be answered quickly and easily over this form of medium. Your uncle's heirs should call an attorney to discuss.

3 Answers | Asked in Real Estate Law for Ohio on
Q: Our bylaws indicate the association has the first right to purchase our unit if we decide to sell...can this be enforced
Taylor P Waters
Taylor P Waters answered on Dec 9, 2019

Yes, if the by-laws were recorded and include your unit.

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1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My ex gave me our dog back and have all the text of him saying I can have her back but now he wants her back.

Do I have till five her back since I have proof he gave her up to me?

Taylor P Waters
Taylor P Waters answered on Dec 9, 2019

You likely do not need to give her back. If he texted you that he was giving you back and in-fact did give her to you, then you don't need to give her back.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: I've lived 18years on the property owner being aware I paid for water tap and built addition can I claim adverse posse

The deed was signed over to another family member for tax purposes my significant other recently passed and the land was actually his only he kept it in someone else's name because his disability now his daughter is trying to evict me and our children . Two weeks after he passed . And the trailer I... Read more »

Taylor P Waters
Taylor P Waters answered on Dec 5, 2019

If the property was deeded to someone else, that other person owns the property. Adverse possession only applies if they don't consent to your occupancy of the property for 21 years. Here, they did consent for a time and the time they have not consented is not 21 years. You may consider asking if... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: okay I have a dog shes tagged to me in ohio a guy wants to buy her from me and move to tn with her am I liable for her?

after they move? also is this legal for him to take her out of state when he claims to live in ohio but is now saying he leaves wensday for tn?

Taylor P Waters
Taylor P Waters answered on Nov 26, 2019

1. You will not be liable from the moment he pays for the dog and you give him the dog. Dogs, cats, etc., function as conventional property in our legal system. As soon as the transfer/sale is complete, she is no longer your dog. You will want to complete a "Dog Transfer" form to move the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Lease states must give 60 days notice to leave and lease ends in 45 days or self renews what is actual time period

Isn’t a 30 day notice in ohio law with the lease expiring in 45 days?

Taylor P Waters
Taylor P Waters answered on Nov 18, 2019

The actual time period is 60 days. The statutory default for a month-to-month lease is 30 days. However, you say your lease states 60 notice or it automatically renews. The contract provision will prevail unless you contact your landlord about accepting the 45-day notice.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Is it legal in West Jefferson Oh to leave your dog outside during freezing temperatures?

My neighbors leave their dog outside in a small fenced in area 24/7. I never see it out. There is a dog house but it doesn’t have a flap and I don’t think it has any straw. It stays out there even when temperatures drop below 30 degrees. Is this even legal? It’s heartbreaking.

Taylor P Waters
Taylor P Waters answered on Nov 18, 2019

It is not legal. R.C. § 959.131(D)(3) states that it is considered torture to "confine the companion animal without affording it. during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Is there a way to do a will without involving a lawyer?

He has stage 4 cancer, hospice is in, and he is no longer able to leave the house. He wants to get his will done so there is no fighting. He also owes a bit on his house but wants to transfer the home to his daughter, can this be done? Lots of questions but hope to be guided in the right direction.... Read more »

Taylor P Waters
Taylor P Waters answered on Nov 14, 2019

It sounds like quite a few moving parts, and seeking an attorney is the best way to make sure everything goes where it belongs and abides by the statutory requirements for wills.

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1 Answer | Asked in Civil Litigation for Ohio on
Q: Are you required to return a rental security deposit within 30 days or is there a grace period beyond 30 days, in Ohio?
Taylor P Waters
Taylor P Waters answered on Nov 12, 2019

Unless the tenant failed to provide you with a forwarding address, it should be returned within 30 days minus any itemized deductions. Otherwise, you may be forced to pay the tenant's damages and attorney fees. See the quoted code section below:

5321.16 Procedures for security deposits....
Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Can someone else call my pet's clinic to confirm their vaccinations are up to date after sending them an updated copy?

I would just like to know since I'd like to protect my pet's medical history and not give out so much information.

Taylor P Waters
Taylor P Waters answered on Nov 8, 2019

Veterinary records are not protected like human medical records. That being said, your veterinarian likely has a policy and guidelines they use for patient information. You should contact your veterinarian and ask what their policy is.

2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: Mothers lease is up end of January, and has been in a nursing home due to not being able to live by herself.

Need to break lease asap. Would this be considered a legal reason?

Taylor P Waters
Taylor P Waters answered on Nov 8, 2019

Not quite, you can always explain your landlord the situation and ask for options. They might be willing to let you out early or help set up a new tenant to take over the lease.

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1 Answer | Asked in Foreclosure for Ohio on
Q: Y would Mission Capital Advisors be doing a deed for homeowner in foreclosure that is listed for sale now Worked it out

house has been listed for sheriff sale 3 times, have filed 2 times, 7 1st then a 13 that was denied conformation. Now I see they are cleaning up things etc. Recorders office shows the mortgage transferred to Wilmington Trust NA, TR. It is a corporate assignment of mortgage document that looks like... Read more »

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Maybe. Before a Confirmation of Sale homeowners have a lot of options to save their home. Banks also often assign troubled loans, even while the foreclosure is going on.

1 Answer | Asked in Foreclosure for Ohio on
Q: I'm co-executor of my mom's will, she had a reverse mortgage. They have started foreclosure. Am I liable for anything?

Paperwork has been sent to myself and my brother. He claims we have 28 days to sell the real estate, an auction is set for Nov 6.

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

You will not be liable as far as your credit goes, they have to provide notices to the heirs in the event you'd like to buy the house or work something else out.

1 Answer | Asked in Consumer Law for Ohio on
Q: My veteran husband passed on Sept 16,2019.Only his name on title and VA loan.

Will my credit be ruined if I give house back to lender or his credit??

I cant afford to live here with only $900 mo. income.Please help.

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

No, if your name is not on the note then your credit shouldn't be affected. You might be able to sell the house and get out from under it with a profit though, depending on your circumstances.

1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: A collection agency sent me a pre legal notice in reference to an unpaid unsecured debt. If they sue,

Is my home, owned with my husband, a potential asset in a judgement? The agency is Midland Management and I reside in Ohio

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

You might have an FDCPA claim against them, so don't be so quick to allow a judgment to happen. These things can often be fought, and fought effectively.

As for the judgment, yes. It is possible they could file a lien on your house.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Ohio on
Q: What kind of trouble can someone face for keeping a service dog from someone who has an emotional service dog

I have an emotional support service dog. My ex who has the mother and father/brother of my dog does not have any type of papers showing ownership of my dogs parents, he is refusing to give me my dog back I do have Shiloh tagged and license and have an ID number for her to be my service dog.

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Emotional support animals are assistance animals, not service dogs. This is an important legal distinction to keep in mind. You would need to go to Court, small claims likely, and ask for the specific performance of having the dog returned. You will want to bring all evidence that the dog is yours... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I lost my license for not having insurance it is my first time how do I go about getting them back
Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

There are a lot of drivers license reinstatement clinics throughout Ohio, search around google for one in your County. There are a bunch coming up soon.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Ohio on
Q: What do I need to do in order to inform a landlord about an Emotional Support Animal after signing a lease?

The pet clause in the lease is stated that there shall be no pets without written permission from the Lessor and that the lease is for humans only and no creatures other than homo-sapiens. It is a duplex and the landlord does not live the premises. I have a previous letter from one doctor and had... Read more »

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Notify the landlord that you have an assistance animal which complies with the Federal Fair Housing Act and the Americans with Disabilities Act, which require that landlords reasonably accommodate service and assistance animals for tenants with disabilities. Assistance animals are exempted from pet... Read more »

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