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Questions Answered by Kelly A Rochotte
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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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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2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine

He hasn't been served due to false address and no job on file for years. $30K behind

Kelly A Rochotte
Kelly A Rochotte
answered on Nov 11, 2023

If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Hello, My parents have my daughter who is 9 years old and they are not letting me talk to her or see her.

I have full rights. They have no rights to her as far as guardianship goes. I do not live with them as we do not get along or see eye to eye so I live in Vandalia. But now I cannot contact my child and I am very scared.

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 27, 2023

That is actual kidnapping. Have you made a police report? Are there any arguments on your parents’ side regarding the well-being of the child while in your care? You should speak with a custody attorney right away.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Can I take my daughters dad to court in Ohio?

I moved to Ohio in September.. Ohio is my home of record. I recently got out of the military. My daughter was born in Virginia. Her father resides in Virginia. If he takes me to court will I have to go back to Virginia? Can I take him to court in Ohio?

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 23, 2023

According to the UCCJEA referenced by Mr. Kotler, the child's "home state" is where the child has resided for the past six months or more. You did not mention whether the child is with you or with her father, but if the child is with you, wait the six months and then you may file. It... View More

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1 Answer | Asked in Tax Law, Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: In divorce creed dated in 2015, Father was entitled to daughte as tax exemp as long as child spp and medic were current.

Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: In Ohio after I sign a contract to buy a home and escrow has started is there a window of time where I can pull out?

I signed a contract to buy a home in Ohio contingent on my parent putting down money for the down payment. Somehow the bank started escrow without receiving any money, and my parent has pulled out. I don’t have a loan that will cover the cost of the house and can no longer buy it without my... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

Check the verbiage in your purchase agreement. Specifically, see if there is a contingency on affordable or your ability to obtain financing. You didn't mention this in your question, but what is the $5k number for? My guess would be that it is earnest money; some purchase agreements will... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: The father of my child doesn’t have contact with her. Do I need to hire an attorney to file abandonment?

My daughters father has seen her 2 hours in the last 18 months and very minimal phone contact. Nothing from him since may of this year. Do I have to hire an attorney to file abandonment? I’ve recently found he’s on drugs so I’d like him out of her life

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 1, 2023

First, this is a very difficult situation to be in as a mother, and I want to commend you for asking a legal forum before taking action. Second, "abandonment" in Ohio is governed by Ohio Revised Code 3127, which says that a parent who fails to maintain contact with the child for 90 days... View More

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1 Answer | Asked in Family Law for Ohio on
Q: Where can I get assistance for a contract to for collecting my items from my home?

I am currently in a situation that feels unsafe and that I know I will not be listened to. I was really hoping to find assistance in the writing of a contract or something similar that would allow me to pack and collect my items from my home, as well as my legal documents from another individual,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

The difficulty would be the fact that this person would have to (a) agree to the terms of the contract and (b) sign the contract. If you think this is a possibility, an attorney could draft a document for you. There would be more information needed, and you've posted this in the family law... View More

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