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Questions Answered by Kelly A Rochotte
2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Ohio on
Q: How can I legally address excessive noise from a neighbor in Ohio?

I have a noisy neighbor who stomps excessively day and night, even as early as 6 a.m. Despite bringing this issue to the leasing office four times, nothing has changed. I had an altercation with the neighbor a few weeks ago where words were exchanged, and the stomping worsened afterwards. I have... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jun 19, 2025

This is a very frustrating and unfortunately common complaint of tenants living in multiunit buildings. Unless the other tenant's conduct rises to the level of stalking, harassment, or discrimination, it will be difficult to bring a legal claim against them. You could potentially file for... View More

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2 Answers | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Ohio on
Q: Help with Section 8 housing and moving in Ashtabula, Ohio

I'm on Section 8 in Ashtabula, Ohio, and I've lived in the same place for 9 years. I'm on disability and have a 16-year-old daughter. My landlord informed me via text message that we have 30 days to vacate because he's selling the house. I haven't received an official... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jun 11, 2025

Generally, a landlord cannot evict someone simply because they want to sell the home. However, if you are on a month-to-month lease arrangement, or your lease has expired and you're a holdover tenant, a 30 day notice would be sufficient. There is not enough information here to answer your... View More

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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Personal Injury for Ohio on
Q: Rental property issues with tax lien and hazardous conditions

I have been renting a home for 12 years and recently discovered that the property has a tax lien that was sold to an investor, but my landlord never informed me. He also doesn't respond to any of my attempts to contact him about multiple issues, including visible mold and cracked ceilings,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jun 9, 2025

If you are current in your rent, you should make sure your complaints to the landlord are in writing. Consider escrowing your rent; your local municipal court will have information on the proper procedure for escrow. You should speak with an attorney directly so that they can review your lease and... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: Can landlord evict me for repairs after paying rent, lease ends in June?

My landlord wants to evict me after giving me a three-day notice stating it's due to repairs. I have already paid rent, but I chose not to renew my lease, which expires in June. Is the landlord allowed to evict me under these circumstances?

Kelly A Rochotte
Kelly A Rochotte
answered on May 20, 2025

There are very limited circumstances under which a landlord can evict you if you have a lease for an amount of time. If you paid rent and did not otherwise violate the lease, they can choose not to renew your lease, but they don't have an action for eviction on this information. You should... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: Eviction notice for alleged lease violation in Ohio

I am a tenant in metropolitan housing and facing eviction for allegedly having my boyfriend living with me, which they claim is a lease violation as he is not on the lease. I have a 3-year-old son, and we have no one and nowhere to go. I received a 30-day notice and then a 3-day notice. I wrote a... View More

Kelly A Rochotte
Kelly A Rochotte
answered on May 20, 2025

If you are a voucher holder subject to HUD conditions, there are very specific definitions in HUD leases as to when a landlord can properly evict you re having people over. HUD also has specific definitions for what constitutes a "guest" or "other person under the tenant's... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Employment Law for Ohio on
Q: How to pursue legal action against Ever Driven for unsafe child transportation in Ohio?

I am considering a lawsuit against Ever Driven due to their unprofessional conduct. On two occasions, they failed to provide safe transportation for my four-year-old daughter. The first incident involved a driver allowing an unauthorized man in the car during pickup. The second incident involved my... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 24, 2025

First, I think you should find another method of transportation for your child. If they aren't taking your daughter's safety seriously, that's a huge red flag. Second, if you signed a contract with them that promises they will not do these specific things, they've breached that... View More

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2 Answers | Asked in Divorce, Civil Rights and Family Law for Ohio on
Q: How to keep address private in dissolution filing in Ohio?

I'm filing for a dissolution myself in Lorain County, Ohio. Due to my spouse's history of violating my boundaries, I'm concerned he will show up unannounced if he knows my address. There are no children or shared assets involved, and I haven't spoken with anyone regarding... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 24, 2025

Check the local rules in your jurisdiction, and speak to your county clerk's office. Many have a specific option to retain a confidential address on pleadings, but you must specifically ask for that protection (either by separate form or verification with the clerk). The clerk will still want... View More

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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

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