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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: My ex fiancee will not give me my things including gifts, can I sue her? Who pays the cost?

My now ex fiancee and I have broken up. I have moved out per her request. I have been given many of my things back, but she has taken every gift her and her family has ever given me. She also has many of the items I brought into the house when I moved in, including items that belong to my children.... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 20, 2020

You can claim attorney fees when you sue her, but the judge is unlikely to make her pay those if you win. Unless there is a specific statute that specifies attorney fees, then each party usually pays their own attorney fees -- unless the judge uses discretion to make one party pay the other's... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: I want to build a house on my parents property but acses to it I'm using a right of way and neighbors is stopping that

Can he do this

Joseph Jaap
Joseph Jaap answered on Feb 18, 2020

The neighbor might be able to stop you, depending on all the facts. Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you of your options. Even if you work it out with the neighbor, you should have an attorney prepare an easement or other written document for... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Ohio on
Q: My fiancee and I have split up and she is taking back every gift I was ever given, can she do this?

My fiancee and I split up due to a stupid choice on my part. She has taken back everything that was given to me as a gift during our relationship. We also have a truck that is in both of our names. I make the payments, but she wants it back.

Joseph Jaap
Joseph Jaap answered on Feb 18, 2020

Unless a gift is conditioned on something, like getting married, then it belongs to the recipient. If the giver takes it back, the recipient can sue. With the truck, since both your names are on the title as owners, both of you have the legal right to drive it, but both of you are required to... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: Can my name be taken of our lease without my consent?

My family are currently sharing a house with another family since June of 2019. Right after the first of the year for some reason they decided they did not want us living with them anymore. First they said they were moving out then a few days later one of them came in and told us that they told... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 5, 2020

If you signed a valid written lease, and it still is in effect, it cannot be changed without your consent. They are attempting an improper eviction. Use the Find a Lawyer tab to retain a local attorney to review the circumstances and advise the landlord and others that you will take legal action.... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Ohio on
Q: Is the question below legally allowed to be enforced by the University I am attending?

The University I am at enforced a new parking rule saying cars are not allowed to pull through a spot or back into it, all the license plates need to be facing the isle for the security cars to scan them. I feel like that’s a bit much and can the university really restrict the way in which a car... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 3, 2020

A parking lot is private property, and the owner can impose any restrictions on parking, and tow vehicles that do not comply.

1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Is selling a house in OH without a legal right of access legal in OH? Wouldn't that be a breach of warranty claim?

I cannot find what claim, if any, I might have for being sold a property via General Warranty Deed, that ended up not having a legal right of access. What, if any warranties would this be a breach of? The Deed did not expressly provide that the property would be conveyed without access.

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 14, 2020

In a conveyance of real estate, or any interest therein, the words "general warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: How do I serve an eviction notice without a rental agreement and without ever receiving rent?

I let someone live at my house to get their life together and they haven't. I have told them time and time again that I do not want them here, and they refuse to leave. They are living here full-time and refuse to leave on their own. There is no agreement of any sort stating that they may live... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 14, 2020

You can still follow the normal eviction process, even without a written lease. You give them the required written notice to vacate, and if they don't, then you file the eviction. Check your local court web site for the eviction process, or use the Find a Lawyer tab to retain a local attorney to... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: Who is required to to inform Buyer of zoning restrictions, Real Estate Broker, Owner or due diligence by buyer in Ohio?

Owner had no idea what Buyer wanted to do with the property. Property was sold on a" AS IS" basis. This was after the inspection was completed. Buyer wants to sell beer on property. That is a zoning restriction. Who is responsible by law in Ohio?

Joseph Jaap
Joseph Jaap answered on Jan 6, 2020

Zoning laws are matters of public record, so a buyer is legally deemed to have knowledge of them. And most deeds typically convey the property subject to all zoning ordinances and restrictions. And if the property is sold As-Is, that further puts the burden on the buyer to fully investigate --... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Construction Law for Ohio on
Q: We built a home almost 3 yrs ago and the leach field failed within months. It took the builder 2 1/2 yrs to fix can I ??

They still haven't taken care of warranty work they promised to do as recent as 2 months ago up till this last conversation and now that I said we were done with the games he now has sent me a bill for money that was owed at one time but he waived as good will gesture because of how long it took to... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 16, 2019

Cannot imagine that the work taking 2 1/2 years did not breach at least a portion of the contract. Was it properly permitted and installed by a licensed installer? The emails may establish a waiver. Have you been able to stay in the house? I would imagine that an occupancy permit was not issued.

1 Answer | Asked in Personal Injury and Civil Litigation for Ohio on
Q: I contract for a shop an emplyr has told cusyomers that I have done nothing for months ive lost monitary gains

Im getting a statement from that person I actually lost a lot of monitary gains do to this I am a licenend shop I depend on customers for income

Tim Akpinar
Tim Akpinar answered on Nov 13, 2019

It's not clear what the question is here. Roughly, it looks like someone said things about you that have caused you monetary harm. If you added a couple of additional facts about the nature of what was said (without including any personal information), maybe an attorney who deals with defamation... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: Are you required to return a rental security deposit within 30 days or is there a grace period beyond 30 days, in Ohio?
Taylor P Waters
Taylor P Waters answered on Nov 12, 2019

Unless the tenant failed to provide you with a forwarding address, it should be returned within 30 days minus any itemized deductions. Otherwise, you may be forced to pay the tenant's damages and attorney fees. See the quoted code section below:

5321.16 Procedures for security deposits....
Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Ohio on
Q: What kind of trouble can someone face for keeping a service dog from someone who has an emotional service dog

I have an emotional support service dog. My ex who has the mother and father/brother of my dog does not have any type of papers showing ownership of my dogs parents, he is refusing to give me my dog back I do have Shiloh tagged and license and have an ID number for her to be my service dog.

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Emotional support animals are assistance animals, not service dogs. This is an important legal distinction to keep in mind. You would need to go to Court, small claims likely, and ask for the specific performance of having the dog returned. You will want to bring all evidence that the dog is yours... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I lost my license for not having insurance it is my first time how do I go about getting them back
Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

There are a lot of drivers license reinstatement clinics throughout Ohio, search around google for one in your County. There are a bunch coming up soon.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I have a civil stalking protection order against my neighbor who lives one house away from me. I was granted 500 feet.

Is he breaking the protection order when he leaves his property? The police said he is allowed on his property but he often leaves his property. Please help no one can answer this for me. I live in Cleveland, Ohio.

Joseph Jaap
Joseph Jaap answered on Sep 27, 2019

You would have to report it to the court, and the court would decide.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Case: 2:14-cv-00083-GCS-CMV Doc #: 297 Filed: 05/16/19 Is this real or advertising I got ?
Joseph Jaap
Joseph Jaap answered on Sep 26, 2019

Check with the court in which the case claims to have been filed.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: Same residence for 5 years Landlord refuses to give me lease or key to private entrance. 3day notice to evict 9/17

Ex owns property. Invited my daughter, elderly father and myself to stay until I found a safe place to accommodate us. At least 14 emails in total as recently as last week advising me that

There was no need for us to go at anytime soon.

Throughout the years I've cleaned the... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 23, 2019

If you do not have a written lease, landlord can terminate the lease at the end of any month by giving 30 days written notice. Notice given on 9/17 would be effective on 10/31, and if not out on 11/1, landlord could file an eviction action. But if rent is not paid on time, landlord only has to... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: Three years ago I removed a tree that was 85-90% on my property. My neighbor is now requesting compensation for 100% ($

7740) based on an online tree value calculator. What is my legal obligation?

Joseph Jaap
Joseph Jaap answered on Sep 16, 2019

Maybe 10-15% of the value if a court deems you liable. Neighbor could sue you in small claims court. The court would decide if you have liability, based on the condition of the tree, any danger it posed, etc.

2 Answers | Asked in Civil Litigation for Ohio on
Q: Can a property manager bar you from driving on the property if you don't have a license? Ohio
Joseph Jaap
Joseph Jaap answered on Aug 30, 2019

The owner of private property decides rules for driving on their property, and the property manager makes rules on behalf of the owner, and can decide who can drive on it.

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1 Answer | Asked in Personal Injury and Civil Litigation for Ohio on
Q: Can I do anything about my neighbor's dog jumping the fence into our yard?

We have a pitbull and luckily they haven't been outside together, but we have watched our neighbor's dog jump into our fenced-in yard multiple times. What can we do (legally) other than ask the neighbor to watch their dogs?

Joseph Jaap
Joseph Jaap answered on Aug 20, 2019

As the owner of pit bull, you are a vulnerable target for a lawsuit if something bad happens. You should consider whether the fence should be taller. You might also advise the neighbor of your concern. Perhaps the neighbor might want to install a taller fence. Check with your homeowner... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Ohio on
Q: Hello, my vehicle was searched withbout my consent at my place of work. The search violated company policy as well

But I think it may have violated Ohio law. No law enforcement present, no warrant and no cause. Was this illegal?

Taylor P Waters
Taylor P Waters answered on Jul 3, 2019

That depends on whether you have an employment contract and whether that employment contract gives them the ability to search your car if it's on their property. It seems unlikely, however. You should call an employment attorney.

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