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Questions Answered by Kelly A Rochotte
2 Answers | Asked in Real Estate Law, Landlord - Tenant and Insurance Defense for Ohio on
Q: Liability for neighbor's tree falling on rental property in Ohio?

I own a rental property and there is a neighbor's tree that is hanging over my property. I've sent a letter to the neighbor about the situation but have not received a response. In the past, a small branch fell, and despite being informed, no action was taken by the neighbor. I have... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 10, 2025

If a tree (or limb) from a neighboring property falls and causes damage—whether to the structure, yard, or a tenant's personal property, liability usually depends on whether the neighbor was negligent. That means if the tree was healthy and fell due to a storm or "Act of God" (high... View More

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2 Answers | Asked in Employment Law for Ohio on
Q: Wrongful termination for using phone number for customer discounts in Ohio.

I was recently terminated from my job in Ohio for allegedly not following store policy. My employer terminated me for using my phone number to help customers receive discounts, which I believed was a customer service gesture. However, it seems my actions were misunderstood, and they thought I was... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 3, 2025

Generally speaking, most retailers or grocery chains etc who allow customers to get points for shopping will have explicit policies about not using that points system for your own personal card or gain as an employee. Even if you didn’t know you signed a policy, courts generally assume that... View More

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2 Answers | Asked in Employment Law and Consumer Law for Ohio on
Q: How can I legally address tip discrepancies in a mom-and-pop shop without HR?

As an employee, my compensation includes a 45% commission and 100% of my tips. However, I've noticed discrepancies where tips are entered incorrectly; for instance, a $23 tip was recorded as $20. This issue happens frequently, and accessing the computer system to document it is difficult... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 3, 2025

More information is needed to properly answer this, but generally, you should begin documenting everything if you haven’t already. Include dates/shifts worked, tips received v entered, communications with the employer / manager about your pay. Ask them directly what the process is, in writing, if... View More

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2 Answers | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Ohio on
Q: Can police take non-controlled medication during a traffic stop in Ohio?

During a traffic stop in Mansfield, Ohio, a police officer took my prescribed medications from a bag because I lost the bottle lid. The medications are neither controlled nor scheduled substances. The officer did not provide any receipt or explanation for taking them, and no citations or charges... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 3, 2025

You should contact an attorney in your area who is familiar with local police custom, but you can first try the police department where the officers were dispatched from. It is not a violation typically for them to seize unbottled pills to verify them.

Depending on local practice, they may...
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3 Answers | Asked in Real Estate Law, Contracts and Landlord - Tenant for Ohio on
Q: Lease-to-own issues with unreachable co-owner on deed in Ohio.

I have a lease-to-own contract with my landlord regarding the property. However, my landlord's brother, who is listed on the deed, cannot be reached. The contract does not mention the brother, and I have been paying taxes and doing repairs. How can my landlord proceed with selling the house to... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 3, 2025

Your landlord would need to either buy out his brother's interest in the property or file a partition action to have the court order him as the rightful owner (100% interest). Then he can sell it to you without his brother's permission. Otherwise, as long as someone else is a co-owner of... View More

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Tenant signed a check meant for me over to her, and cashed it. can i evict her for this? The rental is my old residence
Kelly A Rochotte
Kelly A Rochotte
answered on Feb 11, 2025

Yes. If she stole money from you by signing over your check to herself, that is theft, which would arguably fall under Ohio Revised Code 5321.05(A), destruction of landlord’s property. You could either give 30 days notice to her to return the funds under R.C. 5321.11 and then file for eviction,... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Do I have to pay for gas when it wasn't specified as a utility that is my responsibility in the lease?

I recently moved into a new home that I am renting from a company. When I transferred over the energy bill to my name I assumed it would only be for electricity since in my lease it stipulates that "The following utilities will be the responsibility of the Tenant: electricity, water, internet,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 15, 2025

Take a close look at the other clauses in your lease. There is likely to be some caveat that covers this situation for the landlord. Unless it is an outrageous amount that renders you unable to live in the unit comfortably, it may not be worth the price of an attorney to fight over the gas charge... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I posted a Notice to Leave Premises, what do I do if the person comes back after the time expires?

The person is not currently here but left there belongings. So what should I do if the person returns after the Notice expires?

Kelly A Rochotte
Kelly A Rochotte
answered on Dec 30, 2024

You should consult an attorney in your area regarding proper local rules for an eviction, and begin the eviction process. If all you have done so far is post a notice, that is insufficient to retain possession of the property. It is unclear from your post whether you have given a 30- or 3-day... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I live in a 2 bedroom apartment and our landlord said we are allowed only 2 cars/ 2 bd apartments.

There is 3 of us living in 2 bedroom apartment and We have 3 vehicles in total. They allow up to 4 ppl to rent a 2 bedroom apartments but only allow 2 vehicles. Is this legal? I live in ohio

Kelly A Rochotte
Kelly A Rochotte
answered on Dec 6, 2024

Check to see what your local ordinances say about parking at commercial rentals. Many counties have parking restrictions written into their zoning laws and/or other specific requirements, which can vary by county or even by township or suburb. Usually that information can be obtained through a... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: My apartment neighbor is constantly loud and obscene at practically all hours. How do I get rid of her?

For the last several months my downstairs neighbor has caused nuisance by shouting at her dog, other people, really anything. She is loud and obscene, cussing in every other word and often picking fights with people especially if her dog chases after their pet. I and several other tenants have... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 23, 2024

Have you spoken to the tenant directly? Do that first. You can also write to her so that there is documentation. Write to your landlord as well, to document attempts to resolve the issue prior to filing any lawsuit. If no action is taken, some townships or counties allow a tenant to escrow rent if... View More

1 Answer | Asked in Family Law for Ohio on
Q: Can I get copies of CPS investigations and records from my childhood in Pennsylvania, Ohio, and South Carolina? How?

As a child I dealt with abuse, there were many investigations between the three states. In Ohio me and my siblings were taken into CPS custody. I've recently received some court documents from one investigation in the estate of my now passed abuser. And want to know if I can get the other... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 28, 2024

You may contact them directly and request the relevant county's general process. You are entitled to the records that concern you, but you may be required to execute an authorization, which will look different depending on the state and county where the investigation(s) took place. Some... View More

3 Answers | Asked in Tax Law, Family Law and Divorce for Ohio on
Q: As a custodial parent, do I have the right to claim my son for taxes even though the decree says to alternate?

When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 28, 2024

First, the state isn't going to be the one holding you in contempt, your ex-spouse would be the one bringing a contempt action to enforce the terms of your decree. Second, given that he is not exercising the requisite amount of time needed by the IRS in order to properly claim a minor child,... View More

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1 Answer | Asked in Divorce, Family Law and Child Support for Ohio on
Q: How long does a judge have to complete a journal entry or judgement entry on the child support order case?

Everything was ordered in court but still waiting on entry

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 23, 2024

Generally speaking, the judgment entry will be issued after the magistrate's decision. Generally speaking in Ohio, the court is expected to do so "timely" following an adjudicative hearing. If a magistrate is issuing a decision, you will have 14 days to file any objections to that... View More

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: I filed an objection to a magistrate decision will that put everything on hold or can my child’s father still take her

And I was told I need to file more wondering what else I need to do

Kelly A Rochotte
Kelly A Rochotte
answered on Dec 15, 2023

Generally speaking, objections will be considered by the judge in that court. Your objections should lay out why you believe the magistrate's decision was incorrect. The judge will then review those objections to see if the magistrate's decision should be reversed or modified. In some... View More

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2 Answers | Asked in Employment Law for Michigan on
Q: Wrongful termination after overwork and lack of accommodation in MI.

I worked at my employer for almost three years and was terminated after working 1 year and 6 months straight between 40-50 hours a week while on ADHD medication. I had FMLA in place for cancer treatment. I believe I was overworked physically and mentally leading to burnout, but my kitchen manager... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 10, 2025

There is unfortunately not enough information provided here to answer your question fully. Generally speaking, if you never asked for a specific accommodation, or put your employer on notice that you needed one, you would most likely not have a claim that the employer failed to grant it. Your... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Gender discrimination and uncompensated work legal steps?

I was employed for 3.5 years as an assembler at my company. Two years ago, I applied for a position but did not receive it. On March 21, 2025, I expressed to my supervisor that I felt I was not selected because I am a woman, and he confirmed by saying "true." During my exit interview, I... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 10, 2025

Employment discrimination laws are complex and constantly changing, given recent executive orders. More information and details are needed than what you have provided here to fully assess whether you have a viable claim, or not. Depending on certain circumstances, your voluntary resignation from... View More

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1 Answer | Asked in Business Law, Landlord - Tenant and Contracts for Ohio on
Q: Can landlord skip credit check and demand my legal fees?

I am the former owner of a small business incorporated in Kentucky with a physical presence in Ohio. I had to abandon the commercial property early. The landlord did not conduct due diligence when attempting to re-let the property and incurred $15,000 in legal fees only to find out, when preparing... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Feb 22, 2025

It is difficult to answer this question without knowing what your lease said about default and early termination by tenant. There is no “doctrine of unavoidable consequences” in the way you describe; mitigation is an affirmative defense that will probably not relieve you of liability from... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Employer Deliberately Avoids FMLA Solution/Potential for documented medical issue up through termination.

Medical Issue causes employee to miss significant work days. Medical issue documentation is shared to employee's boss / interested parties. Over time boss communicates clearly to the employee that this is an issue that could result in termination if not resolved. Continues to pressure employee... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Feb 4, 2025

This is a description of events. What is the question?

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: COVID Can my employer terminate me if I had a doctors excuse that stated my return to work was contingent upon recovery

Hi. okay so around December 25th I was scheduled to go to work, however I didn’t feel well at all I went to the doctor and found out that I had Covid 19 ! So my doctor wrote an excuse for me and it said that I needed to be off bc I had Covid 19 and that normally it takes between 48-72 hours to... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Feb 4, 2025

Unfortunately, there isn't enough information included here to give a legal response. The timeline appears that the employer did not receive the note until after you were out for several weeks. It is probable that failure to appear or communicate with your employer would subject you to... View More

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: I want to pursue a lawsuit is it possible should I? Or any other advice to better assist me.

My landlord has not fixed anything that falls under the housing quality standards. I receive rental assistance and that program has failed me with NOT holding the landlord accountable. He is now asking for a rent increase. I’ve been suffering for approaching two years, only slept one time in the... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 23, 2025

There are a lot of specific details missing that may determine your best course of action, but you should consult with your local Legal Aid office. They will be able to at least point you in the right direction for the jurisdiction you're in, or connect you to a housing attorney in your area.... View More

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