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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Municipal Law for Ohio on
Q: Neighbor renter chopped down shared tree line; city's ordinance classifies as misdemeanor, but city won't press charges.

I am a property owner, and my neighbor, who is a renter, has chopped down a shared tree line along our property boundary without my permission. This action goes against a city ordinance and is considered a class 4 misdemeanor. However, the city refuses to press charges, stating it's a civil... View More

Joseph Jaap
Joseph Jaap
answered on May 20, 2025

Retain an arborist to assess the value of the trees that were removed, and the cost to replace them. Also ask a real estate agent the amount of any reduction in property value. Use that information to send a letter to the owner of neighboring property asking for compensation. If the owner... View More

2 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for Ohio on
Q: Can I recover costs from co-owner for unpaid house upkeep in Ohio?

I own a house jointly with someone, but I have been the sole occupant and have covered all maintenance and taxes for the past 20 years. Both names are on the property deed. Initially, we had a verbal agreement to share expenses, but this has not been followed. I've attempted to address the... View More

Joseph Jaap
Joseph Jaap
answered on May 14, 2025

Without a written agreement, if you sue the co-owner, it could be difficult to get any reimbursement. You could file a "partition action" asking the court to order the property sold. The court could credit you with the co-owner's unpaid share of the costs in the distribution of... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Civil Litigation for Ohio on
Q: How to proceed with land contract default and damages recovery in Ohio?

I have a land contract in Ohio that is expiring at the end of the month. The buyer was unable to secure a loan for the final balloon payment, resulting in a default. The contract references compliance with sections 5313.05 and 5313.09 of the Ohio Revised Code for defaults. A lawyer mentioned that I... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 28, 2025

Your options to evict or foreclose are determined based upon the time the land install contract has existed and the amount paid towards the purchase price. If the land installment contract has existed for five (5) years or the Buyer has paid more than 20% of the purchase price, then you must... View More

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2 Answers | Asked in Contracts, Civil Litigation and Business Law for Ohio on
Q: Should I hire a lawyer for a civil court case against contractors who didn't complete the job as contracted?

I hired contractors to complete work under a contract, but they did not finish the job and have blocked communication after I confronted them. I've filed complaints with the BBB but haven't received help from an attorney. The case is open, and the contractors are pending receipt of their... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 28, 2025

Yes, you should hire an attorney. There are a number of issues that you must consider. For example, did they fail to complete or did you prevent their performance. Did the contract render time is of the essence. Was the delay in completion reasonable under the circumstances. Was the work... View More

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3 Answers | Asked in Estate Planning, Family Law and Civil Litigation for Ohio on
Q: Legal remedies to ensure father's burial wishes are honored despite claims of marriage.

My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More

Andrew Popp
Andrew Popp
answered on Apr 27, 2025

Here in Ohio there is a specific assignment that can be made to ensure the correct person(s) handle final arrangements, and to memorialize any wishes. See Chapter 2108 of the Ohio Revised Code. (link below)

https://codes.ohio.gov/ohio-revised-code/chapter-2108

An estate planning...
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3 Answers | Asked in Estate Planning, Family Law and Civil Litigation for Ohio on
Q: Legal remedies to ensure father's burial wishes are honored despite claims of marriage.

My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More

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

I would find out where they were allegedly married and see if there is a marriage licence registered there (with the proof of solemnization of the wedding). If there is no wedding then she would at the very least need POA or be listed as a Health Care Declaration proxy. Your question did not... 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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3 Answers | Asked in Divorce, Civil Litigation and Family Law for Ohio on
Q: Ex violating divorce decree by withholding bonus payment.

My daughter's ex in Ohio, Jefferson County, is violating the terms of their divorce decree by not paying her $3,000 from his work bonus, which he received on March 31, 2025, as stipulated in the decree. He claims there is no specific time frame for payment and promised to pay by the end of... View More

Nicholas P. Weiss
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answered on Apr 9, 2025

Thirty days from receipt of payment is pretty standard. Is he in violation of the decree? Probably. Should you take legal action until after April? Probably not. Once that timeline has passed if he still hasn't paid then your daughter should consider filing a motion to show cause.

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2 Answers | Asked in Estate Planning and Civil Litigation for Ohio on
Q: Concerns about undue influence on mother's will after dementia diagnosis.

I believe there may have been undue influence on my mother's will. My mother, who had initially promised to leave me some money and paintings, was diagnosed with dementia. After her passing, I discovered her will left me nothing. My brother, who was her caregiver during her illness, provided a... View More

Nicholas P. Weiss
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answered on Apr 8, 2025

Will contests are very difficult cases. You will need to consult with an experience probate attorney who can talk you through the elements and your likelihood of success. If she executed a will after her diagnoses of dementia, and gave her assets to her caretaker, that can be prima facie evidence... View More

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2 Answers | Asked in Divorce, Civil Litigation, Real Estate Law and Family Law for Ohio on
Q: Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?

In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More

Nicholas P. Weiss
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answered on Mar 26, 2025

Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.

If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to...
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2 Answers | Asked in Civil Litigation, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Can I sue my town for damage caused by new water meter installation?

I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 13, 2025

The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More

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2 Answers | Asked in Libel & Slander, Civil Rights and Civil Litigation for Ohio on
Q: What is the best defense against a slander lawsuit for whistleblowers in Ohio facing allegations from church pastors?

I am aware of a situation where the daughter of church pastors made allegations of sexual assault against her brother, and this has led to over 10 other women revealing similar under-aged sexual assault allegations. The cases are under investigation. Three whistleblowers went to social media to... View More

Nicholas P. Weiss
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answered on Mar 4, 2025

Ohio recently passed an anti-SLAPP statute, R.C. 2747.01, et seq, which can provide protection and a counterclaim for allegations of slander or defamation when the speech was protected speech.

The statute, R.C. 2747.01, et seq., “applies to a cause of action asserted in a civil action...
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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Family Law for Ohio on
Q: Can my ex sue me for covering an eviction if I was the only one on the lease?

In 2019, my ex-partner and I rented a townhouse apartment together, but only I signed the lease. She left after we broke up, and I was left to cover the bills. A roommate I found took the money meant for the last month's rent, leading to an eviction on the record. My ex is now demanding that I... View More

Nicholas P. Weiss
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answered on Feb 28, 2025

If she had already vacated then there shouldn't have been an eviction against her. She could file a motion to overturn or seal it. It is unlikely that she would have a case against you.

If the landlord sought money damages against her, then she at least was on a month to month lease...
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2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Home purchase in Ohio with undisclosed issues to code compliance.

I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: How to address harassment from a condo-neighbor with odors and noise?

I live in a condo and share a wall with a neighbor who is harassing me with unpleasant odors and noise. The odors are foul smells, seemingly from his bathroom, that wake me up in the morning. The noise consists of a loud, intermittent boom occurring every morning until I can no longer sleep. This... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

To make certain that the Board does not get involved you should review the Condominium Owners Associations bylaws, rules and regulations, and the Declarations for the Planned united Development that established the condominium development. Once you have assured yourself that those do not apply you... View More

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Libel & Slander for Ohio on
Q: Assistance with death certificate fraud involving spouse's passing.

I am facing a situation involving potential death certificate fraud. After my husband passed away, I was not contacted by the hospital because his children informed them there was no living spouse. I suspect there may be two death certificates, as he was already at the funeral home before I was... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 18, 2025

The idea of two (2) death certificates should be resolved fairly easily by requesting a certified copy of his death certificate from Vital Statistics.

As the surviving spouse you have rights to receive certain assets from the Estate. Any claim the children have should be addressed through...
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2 Answers | Asked in Civil Litigation and Criminal Law for Ohio on
Q: Someone broke into our building. We shot them. Now they are suing us. We are both in our 80s & live humbly.. Any option
Tim Akpinar
Tim Akpinar
answered on Dec 9, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. In terms of options you ask about, you could review the paperwork for the civil case you received with an attorney. An attorney would want to know more details about what they are suing for, and more about your... View More

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1 Answer | Asked in Civil Litigation, Legal Malpractice, Medical Malpractice and Small Claims for Ohio on
Q: Recently was left to die at aTransit Center while a supervisor on duty did not assist or aid me to recovery .

Is this negligence? I called Medics after the Transit center didnt, I was abandoned by representative who was driving the paratransit buses. Once.medics arrived, they performed a series of test, I was then transported by ambulance in which I was hospital with symptoms of a stroke. The public... View More

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It looks like you're basing your claim on a breakdown in the services of a public carrier, necessitating the need for EMT response?? It sounds like it would be a weak case. This is... 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 Criminal Law, Federal Crimes, Civil Litigation and Health Care Law for Ohio on
Q: Can Probation office enforce a (unwritten) requirement mandating disclosure of patient’s therapy records to third party?

Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More

James L. Arrasmith
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answered on Jul 21, 2024

No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More

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