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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: If you are evicted and owe back rent in Ohio is the landlord still required to send an itemized list within 30 days?

Please see Ohio Revised Code 5321.16 Procedures for security deposits. As far as I can tell from reading the law it seems landlords are required to send an itemized security deposit list regardless of whether or not there is back rent owed. Can you still collect damages if they fail to provide the... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

Yes, but you're only entitled to double damages and fees if you sent them a request for the deposit and gave a forwarding address. If you did that then you could have a case.

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: I pay child support for my 3 kids but the mother won’t let me see them there has been no order of custody how do Ic them

I filed for visitation but since there is no order of custody the visitation paper was not accepted

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

You need to file a complaint for the allocation of parental rights and responsibility and for parenting time. If you are in Cleveland, this can be done at the Cuyahoga Juvenile Court. You need to establish a custody order first.

1 Answer | Asked in Child Custody for Ohio on
Q: Unwed couple, living together but currently on a temporary separate living arrangement.

What rights would the mother have if the father decided not to give the children back after the agreed visiting weekend? There are no court orders and the children have been living with the mother at their primary residence.

Thank you for your time.

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

If the parties are unwed and there is no parenting order in place then the father has no parenting time rights. The mother can take the kids back, using the police if she wishes. It would then be up to the father to seek a parenting order.

1 Answer | Asked in Real Estate Law and Estate Planning for Ohio on
Q: My grandmother had a will leaving all 4 of her children her house. My father has passed does his share go to his kids?

My half siblings are splitting the money between them and not giving me anything. Can I sue for my half? What kind of lawyer do I get?

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

It depends on what the will says. Usually, there is a provision saying that if someone predeceases the decedent, that their share goes to their children evenly. That's the default rule anyway in Ohio if the will is silent on that. If either of those are true then you should be sharing evenly... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Ohio on
Q: What information does a company like Midland Credit need to collect an unpaid debt that will hold up in court in Ohio?

Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

A statement will work showing that you made charges. They don't need the original agreement. They do have to prove that they actually own the debt, and many times don't bother to prove that.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Mortgage discharged in 2/2010 (Ohio). Sold 3 times. No foreclosure. I"m paying insurance water & sewer. Need name off

I can't seem to have it taken out of my name. Is there a process to have it done? Tried deed in lieu. County won't foreclose on property taxes and mortgage company won't foreclose on property. I have been maintaining grass cutting and snow removal because my name is still listed... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

The process to have it done is to sell the property to someone else. I don't understand how it's in your name if it's been sold three times. Are you referring to the note being sold or the property being sold?

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2 Answers | Asked in Estate Planning for Ohio on
Q: POA for my mom

My mom has been in and out of nursing homes and been paralyzed with a stroke and can not speak or understand, just this week I had to put her into hospice and she has gerber life insurance that I have been paying for her incase if something happens, The nursing home has tried the POA thing and told... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 2, 2020

Agree with Mark Turner's answer. I would add that if you need to make decisions for her then I would recommend that you pursue a guardianship to take care of her and her finances.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I filed for a divorce with children. My ex has the paperwork. Shes not responding to it. What happens next?

We have a year old daughter who lives with me. She is not responding to the divorce. What will happen?

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 24, 2020

If she's been appropriately served, the court will convert the divorce to an uncontested case. This means you will need to submit a proposed judgment entry ahead of time and present some evidence as to the divorce.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If your landlord try’s returning your security deposit after you’ve sued in small claims, do you have to except ?

My landlord has not returned my security deposit yet and it’s been 2 months already. I filed a small claims case , suing for double , and right when I did , then they wanted to finally respond saying that it’ll be coming in the mail. I asked them to pay the $65 filing fee I had to pay and then... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 12, 2020

You can reject the payment. The damages, including double damages and costs, accrue at the time of filing. If they hadn't paid anything at that point, then they are still liable for the security deposit plus statutory damages.

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: Child support order contested.

I took my daughter's father for child support and he's been dragging it on. We had our hearing over the phone and he wouldn't answer and he never even sent in any of his information regarding pay stubs and what not. He doesn't want to pay for her at all and has been marking off... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 12, 2020

If he refuses to provide information then the court will either 1) take your word for it or 2) impute a likely income for him given the information. He cannot evade child support by using a voluntary reduction in income (like FMLA). He can bring it up, but the court won't consider it.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Will subpoenaing my 10 year old daughter's upset the magistrate and hurt my chances?

I have court on the 27th and my last resort is to put my daughter's on the stand to tell their side of the story and how they are treated. Even after proving domestic violence in the home the magistrate still would not grant me temporary custody. they should have never been removed from my... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 12, 2020

If this is a child custody matter then your daughter cannot testify. Instead, you should seek to have the court conduct an in camera interview with the child. The judge will speak with the child and the GAL alone and ask about how she is treated. Her testimony will not be allowed in open court.

2 Answers | Asked in Divorce for Ohio on
Q: My wife claims to be in another relationship with a man, but were still married. What can I do?

I'm a US Soldier who's currently serving overseas. Before I left for my deployment, I had gotten married. During my deployment, my wife had taken over $17,000 out of our joint account, had slept with another man, currently claims to be in a relationship with another man, and is still... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 12, 2020

Statements made in court are largely protected from claims of slander or defamation. If she is making these same claims outside of court, then you could have a case. You could seek and injunction against her, but it may be difficult to establish damages, particularly if no one believes her... Read more »

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1 Answer | Asked in Child Custody for Ohio on
Q: How can I gain custody of my granddaughters aged 15 and 17 from their abusive father.

Their father was only in the picture when it was convenient for him. I helped raise, care for, and provide for them since their birth and was with them pretty much everyday. When their Mother passed on January 6, 2018, they went to live with their dad and he has cut off almost all contact with... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 3, 2020

You may file a petition for custody in your county's juvenile court. You have a lot of the deck stacked against you for this. You have to first prove that the father is an unsuitable parent, a high burden, and then prove that custody for you is in the best interest of the minor children. Most... Read more »

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: If your landlord does not return security deposit can you sue for double in small claims?
Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 3, 2020

Yes. Wrongfully withheld security deposits are subject to double damages plus attorney fees. You must make sure they have a forwarding address, in writing, for them to send the deposit, or it will not count.

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1 Answer | Asked in Consumer Law, Construction Law and Small Claims for Ohio on
Q: What steps do I take to get my money back?

We had a house fire, my contractor was given $40k, pulled no permits to work on my house, barely did any work and the work he did do was incorrect and has to be redone. He will not give the money back and at this point will not return phone calls.

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 21, 2020

This sounds like a violation of Ohio's home construction statute. I recommend bringing an action against him and seeking a claim against his municipal bond.

1 Answer | Asked in Juvenile Law for Ohio on
Q: A friend of mine has legal custody of her 3 nieces and nephews. If they are still in High School when they turn 18

can she stop them from moving out?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 21, 2020

No. They are adults at that time.

1 Answer | Asked in Uncategorized for Ohio on
Q: Can my employer refuse my unemployment / FMLA due to Covid-19?

I was off work for a total of 6 days. I started showing signs of Covid-19 and sought out medical attention. I was turned away from my family doctor because I had several symptoms of Covid-19. I took an online health screening that advised me to get tested and quarantine until testing was done. I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 21, 2020

FMLA does not provide for paid leave, so that's out. As to unemployment, that is filed with the state, and they make that determination. Did the state give you a reason as to why they refused unemployment compensation? It sounds like you just voluntarily left the job.

1 Answer | Asked in Employment Law and Civil Litigation for Ohio on
Q: Is it unrealistic for me to seek 30 years salary in a promissary esstopel case? I make around 400k
Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 16, 2020

I would need substantially more information to properly answer this. What was the nature of the promissory estopple? Why would you be unable to work for thirty years as a result of the breach of promise?

1 Answer | Asked in Adoption for Ohio on
Q: How do I go about my boyfriend adopting my 3 kids without father's consent

My daughter is 5 her father has not been in her life at all. Never contacts me never reaches out to me about her. My son is 2 his father has never reached out to me either never contacts me about my son. I'm currently pregnant and my child's father isn't around and I would like my... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 16, 2020

Yes, you can have him sign the birth certificate. You can adopt without the father's consent only if after applying the father is given proper notice. That he has been out of the child's life with no contact for over a year is a grounds for the stepparent adoption.

1 Answer | Asked in Child Support for Ohio on
Q: Can I get child support if the child has my last name and not the fathers?
Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 15, 2020

Yes. Regardless of the name you are entitled to support once paternity is established. If he is already on the birth certificate then this is conclusively established.

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