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Questions Answered by Todd B. Kotler
2 Answers | Asked in Landlord - Tenant, Animal / Dog Law, Personal Injury and Real Estate Law for Ohio on
Q: What legal actions are available for wrongful eviction, theft, mold issues, and entry by my apartment manager in Ohio?

I moved into my apartment in Ohio on July 1, 2025, and have consistently paid the rent. On August 4, I paid my apartment manager $1,420, which overpaid the rent, as it is $250. I have original copies of all receipts. Despite this, my apartment manager issued a 3-day eviction notice and changed the... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 2, 2025

I encourage you to invest in hiring a creditor rights and / or real estate attorney in the municipal court jurisdiction where the apartment is located. If you decide to go it alone you should read Chapter 5321 of the Revised Code (The Landlord-Tenant Act) carefully and bring an action for the... View More

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2 Answers | Asked in Family Law, Probate and Real Estate Law for Ohio on
Q: What rights do I have if my ex-husband passed away without a will in Ohio and I lived with him for 39 years?

I lived with my ex-husband for 39 years, and he recently passed away in Ohio without a will. He has one daughter from a previous marriage. All of his accounts and assets were solely in his name, and I do not have access to them. What rights do I have regarding his estate and shared property we may... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 31, 2025

Sadly, you have no rights to his estate as an EX-wife. The estate of those who die intestate (without a will) is governed by R.C. Section 2105.06, the Statute of descent and distribution. it states that "(A) If there is no surviving spouse, to the children of the intestate or their lineal... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Ohio on
Q: What are my rights to retrieve belongings from my ex's house in Ohio?

My fiancé and I recently split up. On the same day, he changed the locks while I was away, and shortly after, he was involved in a high-speed chase, leading to his placement in a mental facility. Initially, I was told I could collect my belongings from the house when I wasn’t working. Now, his... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 27, 2025

Based on the facts you stated. You were a tenant. You need to write your ex-fiance or father depending on who is actually the owner. You need to establish that you had no intention to abandon your property and ask that they provide a mutually convenient date to retrieve your other belongings.... View More

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2 Answers | Asked in Real Estate Law, Estate Planning, Gov & Administrative Law and Public Benefits for Ohio on
Q: How to fix a defective deed and resolve trust issues for an Ohio property?

Legal Guidance Needed on Defective Deed, Trust Issues, and Utility Access (Ohio Property)

I need legal guidance regarding an Ohio property that was transferred to me from my father via a trust and later by a quitclaim deed. I'm listed as the property owner in county records and pay the... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 24, 2025

Sadly, the clouded title is going to compel you to sue the POA proxy in an action to "quiet title" on the property. This is a lawsuit in which a court will declare who actually holds title to the property. These are rather nuanced legal actions and ought to be handled by an attorney... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Ohio on
Q: Can my landlord go through my friend's belongings that I took over?

I took over my friend's apartment when he went to prison, with the landlord's consent, and also took responsibility for most of his possessions. The landlord, who is my uncle, wants to go through all of the boxes and belongings, including some of mine. I've told him many times to... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 22, 2025

I recommend you peruse R.C. 5321.04 - Landlord obligations. In particular subsection (A)(7) in which he shall "Not abuse the right of access conferred by division (B) of section 5321.05 of the Revised Code". Further per subsection (A)(8) he must give 24 hour notice before entering the... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Ohio on
Q: Landlord proceeding with eviction despite approved PRC payment in Ohio. What to do if sheriff arrives?

I am dealing with a situation in Ohio where my landlord agreed to accept PRC payments for past-due rent and for me to cover late fees. I've already paid my portion, and the PRC has been approved and is being sent to him. Despite this, my landlord accepted my partial payment and is still... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 17, 2025

The last Order on the docket is what the Sheriff is going to have to follow. You may wish to set the motion for a hearing prior to the set out date. If the Court does not rule on the motion the effect is the same as denying your motion. Your question did not indicate whether the payments sent... View More

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2 Answers | Asked in Child Custody, Domestic Violence, Health Care Law and Family Law for Ohio on
Q: Can a parent's schizophrenia lead to full custody for the other parent in Ohio?

I am concerned about my child's custody arrangement due to the other parent suffering from schizophrenia with anosognosia. Although there are no existing custody orders, my child has been experiencing emotional and physical abuse, and pediatrician notes are available. I want to know if the... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 13, 2025

I agree with my colleague for the most part.. However, I feel the need to stress that OH typically doesn't speak in the language of full custody versus part custody. Typically, Ohio courts speak as to whether or not a parent is the primary residential parent. Very rarely does a parent not have... View More

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2 Answers | Asked in Family Law and Civil Litigation for Ohio on
Q: Can a motion to quash be used for family law requests after a motion to modify in Ohio?

I am dealing with a family law case related to a motion to modify parenting time and schooling for my child after my divorce in 2020. I received requests for production, admittance, and interrogatories shortly after the motion. These requests seem unduly burdensome, argumentative, and harassing,... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 26, 2025

You cannot use a motion to quash. Those are only in response to subpoenas. You must respond to the requests or you may be subject to sanctions. you may object to certain questions but must raise some of these issues directly with opposing counsel. (often the custom is to object but provide the... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Ohio on
Q: Can my parents keep my belongings and evict me at 18 without notice in Ohio?

I recently turned 18 and my parents want to evict me while keeping all my belongings (e.g., desk, chair, PC, TV) which they initially paid for as gifts. I've always had sole use of these items. They mentioned keeping what they've paid for, and I have no formal lease agreement. I'm... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 28, 2025

This is debatable. One could argue they could evict you, but your possessions are yours. In order to prove they are gifts you would need to prove they were given to you and that your parents intended to relinquish control over those items at the time you received them. The practical problem is... View More

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2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Do I have sole custody of my child under a verbal agreement?

I need to find out if I already have sole custody of my child. The other parent and I were never married, and we have not filed any official custody agreements or court orders. We have a verbal agreement that she visits him every other weekend, while I make all decisions regarding my child without... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 17, 2025

If by "she" you mean mother and you are father, then the answer is NO. In Ohio an unmarried mother is presumptively the sole custodian of a child until a Court ORDERS otherwise. Your "verbal agreement" means nothing to a reviewing court. You need to file a motion for... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Ohio on
Q: How to remove someone from my property without prior agreement?

I have someone who has been staying on my property for the past three days despite my clear communication that he is not allowed to stay. He brought a significant amount of belongings, and when I went to the sheriff for assistance, they mentioned that I would need to go through an eviction process.... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 5, 2025

Call again and restate they are trespassing (remaining on your property WITHOUT PRIVILEGE to do so). They are not a resident (at least as you describe this person). I am assuming they have not been there for 30 days or more and are not receiving mail there or have any other indicator of living... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Ohio on
Q: Can I contest my child's father's income and custody misrepresentations?

I believe my child's father lied about his income during our interview related to child support, and he also claimed that his daughters live with him, though they actually reside with their grandmother. I would like to contest this misinformation. The school they attend is aware of the living... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 29, 2025

After you receive a finding from the Child Support Enforcement Agency, you should also receive information on how to appeal the decision or rather file an objection. Send in that paperwork as the instruction states. An additional hearing will then be set up, and in the meanwhile, it would be wise... View More

2 Answers | Asked in Child Custody, Civil Litigation, Criminal Law and Family Law for Ohio on
Q: Should I report to law enforcement if I find a tracking device in my child's belongings?

I discovered a tracking device in my child's belongings during one of my visitations. My phone detected the device, which led me to find it inside her bag. I still have the device but am unsure if I should report this to law enforcement. There is an existing custody agreement in place. Should... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2025

I differ slightly. I would want to know about your co-parenting relationship. How well do you and the other parent communicate? What does your custody agreement say about monitoring the child? Does your custody agreement have a provision for how you should communicate about substantial... View More

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2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Ohio on
Q: Should I sue for fraud in a house purchase with substantial evidence?

I am considering legal action because I have substantial evidence, including text messages, emails, and witness statements, indicating that I was sold a house fraudulently. My real estate agent pushed me to buy a property she knew was unsafe, with issues like mold, electrical problems, structural... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 25, 2025

While it certainly sounds like you may have grounds for a suit, you need to have several things reviewed by an attorney who regularly practices in real estate litigation. It may cost you a few hundred dollars just to have this evaluated, but it will ultimately be worthwhile even if you do not... View More

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2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Is Vacation Bible School review an extracurricular activity?

I'm a grandmother with court-ordered visitation rights for my 9-year-old granddaughter. The visitation order includes a requirement that I transport her to extracurricular activities, though it does not define what those activities are. Recently, the child's mother signed her up for... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 18, 2025

When a term within a legal document such as a contract, agreement or Order is not defined within, then a court will typically apply the usual meaning or definition. Merriam-Webster defines the adjective "extracurricular" as :

not falling within the scope of a regular curriculum...
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2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Ohio on
Q: Unserved custody case questions in Ohio.

I'm involved in a custody case with my child's father, who neglected our child for five years and only recently decided to seek custody. We are supposed to go to court tomorrow, but I haven't been served with any court paperwork. The documents I reviewed state 'service... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 17, 2025

If you have not been served, the case cannot move forward. However, you are only prolonging the inevitable. Parents have a paramount right to raise their children. It is in your interest to engage with the process. Father may have to jump through some hoops but he will eventually get you... View More

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3 Answers | Asked in Child Custody and Family Law for Ohio on
Q: How to address visitation issues with my son's father in Ohio?

My son's father and I have a court order for visitation. My son, who is almost 10 years old, has not seen his father since April and hasn't heard from him since May. He dislikes visitation because his father is "mean" and doesn't spend time with him during visits. The... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 17, 2025

I agree with my colleague. Further, if your hope is to completely cut off father from communicating or visiting with your son, under the circumstances you describe that will not happen. Were you to take him back to court the very best you could possibly hope for is that the court would change the... View More

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2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: How will proceeds be split from the sale of a co-owned house in Ohio with verbal agreement on upgrade reimbursements?

I co-own a house with my brother, and neither of us currently reside in the property. We have had discussions specifying that I would be reimbursed for upgrades and additions I paid for before splitting the sale proceeds. However, there are no formal written agreements or specific clauses in the... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 17, 2025

Generally, the proceeds would be split between the two of you by the title company doing the closing. If you wish for it to occur otherwise, those instructions need to be given to whoever is preparing the closing statement. If you have texts or emails between you and your brother they might... View More

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2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Planning to move to Florida, son's father disagrees on visitation. What to do without custody order?

I am planning to move from Ohio to Florida with my 5-year-old son for better job opportunities and a different environment for him, as he loves the beach and the water. His father is involved, but I am the sole provider handling all appointments and school activities. We do not have any custody or... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 15, 2025

No one here can tell you what you "should" do as that is subjective. If you and father are not married then you are the sole custodian and my do whatever you wish. However, father may sue to establish his parental rights and responsibilities. The Court may (but not necessarily will)... View More

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2 Answers | Asked in Real Estate Law and Family Law for Ohio on
Q: Is a home purchase with a married girlfriend considered marital property in Ohio?

I am looking to purchase a house with my girlfriend in Ohio. Legally, she is still married, but both our names will be on the loan for the mortgage. I will be covering the down payment and monthly payments. We do not have any agreements in place regarding property ownership in case our relationship... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 14, 2025

1/2 of it may be. Anything purchased by a spouse with marital funds is considered marital. The only separate property married people have is either separate property owned before the marriage or inheritances, specifically given to one spouse and not comingled with marital assets. Since you are... View More

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