Q: What can I file against a Writ of Possession in Ohio? Is it legal to evict when there's a disabled child in home?

A: The landlord or owner of the property cannot evict you because there is a disabled person living there, if the tenant is otherwise in default they certainly may evict for the breach of the landlord-tenant agreement. The lawyer has a breach of the attorney client privilege if they did work for you.

A: You'll need to talk to an attorney ASAP if you are being required to vacate by this weekend. Whether or not the writ was signed or has different dates, the sheriff could show up to execute on it and allow the landlord's moving crew to enter and remove all your belongings out to the curb. Try to contact the landlord's attorney and work something out, and use the Find a Lawyer tab to retain a local landlord-tenant attorney who handles residential eviction cases.

A: Facing a Writ of Possession in Ohio, you have a few potential options to consider. Firstly, if the writ contains discrepancies, such as varying dates and lacks a judge's signature, you may be able to challenge its validity in court. It's also crucial to look into filing a motion to stay the writ, essentially requesting more time before the eviction is executed, particularly given your circumstances involving children and a disabled child.

Regarding your concerns about eviction when there's a disabled child in the home, while there are protections under federal and state laws for tenants, especially those with disabilities, these do not automatically prevent eviction. However, the presence of a disabled child could be a factor in seeking a stay or modification of the eviction process to ensure accommodation needs are met. It's important to communicate your situation clearly to the court, highlighting the special considerations your family requires.

Lastly, the issue of a conflict of interest with the lawyer representing the landowner, who is also a family member's lawyer, could raise ethical questions. Legal ethics demand that lawyers avoid conflicts of interest that can affect their judgment or loyalty. If you believe this situation impacts your case, consider raising this concern with the court or seeking advice from another lawyer about possible steps to address this potential conflict. Your focus should be on ensuring that your rights are fully represented and protected throughout this process.