Ohio Contracts Questions & Answers
Q: Do church Members have the right to see their Minister's contract?
Joseph Jaap's answer
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.
Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
Ohio
on
Answered on Jan 27, 2019
Answered on Jan 27, 2019
Neil Klingshirn's answer
First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend.
In addition, you should agree now on how to exit the business when the...
First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend.
In addition, you should agree now on how to exit the business when the...
Q: Working on house as a guest for almost a month. Word of mouth deal I stay until the work is done.
Joseph Jaap's answer
If there is no written agreement or lease, then it is a month to month tenancy, and landlord can terminate it at the end of any month by giving 30 days written notice. Notice to vacate given in December would be effective on January 31. If tenant does not vacate by 1/31, then landlord can give a 3 day notice and file an eviction. If landlord does not follow the proper eviction process, and tries to move the tenant out without an eviction, the tenant can call the police.
If there is no written agreement or lease, then it is a month to month tenancy, and landlord can terminate it at the end of any month by giving 30 days written notice. Notice to vacate given in December would be effective on January 31. If tenant does not vacate by 1/31, then landlord can give a 3 day notice and file an eviction. If landlord does not follow the proper eviction process, and tries to move the tenant out without an eviction, the tenant can call the police.
Q: We are selling our house and closing date is written on the contract as, "on or about 12/20/2018.
Joseph Jaap's answer
Prepare a contract extension with a firm closing date, with a provision that the contract can be terminated at seller's discretion if the closing does not occur on or before that date. Use the Find a Lawyer tab to retain a local real estate attorney to assist you. Agents are not attorneys.
Prepare a contract extension with a firm closing date, with a provision that the contract can be terminated at seller's discretion if the closing does not occur on or before that date. Use the Find a Lawyer tab to retain a local real estate attorney to assist you. Agents are not attorneys.
Q: Can I break my lease and not have to pay out the term of lease if I forced to move out due to safety concerns?
Joseph Jaap's answer
There is no such law allowing you to terminate your lease. But you could give landlord a written notice of the problem and then start paying your rent each month on time into escrow with the local court, which can schedule a hearing to determine if landlord has any responsibility to do anything. Check the local court web site for the escrow process.
There is no such law allowing you to terminate your lease. But you could give landlord a written notice of the problem and then start paying your rent each month on time into escrow with the local court, which can schedule a hearing to determine if landlord has any responsibility to do anything. Check the local court web site for the escrow process.
Q: My landlord sent me the lease renewal for 2018-19, and in his email advised me to sign and return and,
Joseph Jaap's answer
An intent to sign, is not the same as actually signing the contract. If you relied on it, you might have a claim for money damages, but that would not create a lease. If your current lease expires and becomes month to month, and the landlord then attempts to terminate the month to month tenancy, you could go to court about it. Before doing that, use the Find a Lawyer tab to retain a local real estate attorney to review the lease, the emails, and all the facts, and advise you.
An intent to sign, is not the same as actually signing the contract. If you relied on it, you might have a claim for money damages, but that would not create a lease. If your current lease expires and becomes month to month, and the landlord then attempts to terminate the month to month tenancy, you could go to court about it. Before doing that, use the Find a Lawyer tab to retain a local real estate attorney to review the lease, the emails, and all the facts, and advise you.
Q: Can i sue in small claims court for money someone "owes" me in purchase agreement plus the max $6000 you can sue for?
Joseph Jaap's answer
The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.
The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.
Q: I have a gym contract that I would like to get out of that states,
Matthew Williams' answer
Provided you are up to date on your membership fees, yes, you need to send them written notice that this will be your last month. For the most part, this sort of thing is typical and doesn't cause a lot of problems.
Provided you are up to date on your membership fees, yes, you need to send them written notice that this will be your last month. For the most part, this sort of thing is typical and doesn't cause a lot of problems.
Q: Are there any mandatory penalties imposed for unconscionable rent agreements?
Joseph Jaap's answer
Those are not provided in the statute. It would be up to the discretion of the court.
Those are not provided in the statute. It would be up to the discretion of the court.
Q: I cannot get approved for a new car loan because my old was listed in a bankruptcy
Timothy Denison's answer
Unless you signed a reaffirmation agreement or you have equity in the old car, Return the old car to the bank and stop paying on it.
Unless you signed a reaffirmation agreement or you have equity in the old car, Return the old car to the bank and stop paying on it.
Q: My car was listed in a bankruptcy the bankruptcy was dismissed because no collections came forward.
1 Answer
| Asked
in
Bankruptcy, Contracts, Banking and Collections
for
Ohio
on
Answered on Sep 30, 2018
Answered on Sep 30, 2018
Q: My children's former daycare is trying to sue me for breech of contract, can I counter sue?
Joseph Jaap's answer
If you receive a summons of a complaint filed by the court, you must respond with an answer to plaintiff within 28 days, in which you can assert defenses and also assert counter-claims. The court would have to sort through all the evidence property presented to the court to determine which handbook was valid at what time, what contract terms were breached, if any, and whether any claims or counter-claims are valid. Try to work it out with the day care, or use the Find a Lawyer tab to retain a...
If you receive a summons of a complaint filed by the court, you must respond with an answer to plaintiff within 28 days, in which you can assert defenses and also assert counter-claims. The court would have to sort through all the evidence property presented to the court to determine which handbook was valid at what time, what contract terms were breached, if any, and whether any claims or counter-claims are valid. Try to work it out with the day care, or use the Find a Lawyer tab to retain a...
Q: What if the vehicle's lease doesn't provide that non-OEM parts will diminish the value of the vehicle?
Matthew Williams' answer
If the contract requires OEM parts, it requires OEM parts. It doesn't need to day why, and, after all, isn't it obvious why?
If the contract requires OEM parts, it requires OEM parts. It doesn't need to day why, and, after all, isn't it obvious why?
Q: How long can someone legally stay at a residence in Ohio if they are not on the lease?
1 Answer
| Asked
in
Contracts, Real Estate Law and Landlord - Tenant
for
Ohio
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Joseph Jaap's answer
Ohio law does provide for landlords to evict tenants when there is drug use. But it is up to landlord to decide to do it. You could give your landlord written notice of the problem, and then start paying your rent into escrow with your local court. Check the court web site for the process.
Ohio law does provide for landlords to evict tenants when there is drug use. But it is up to landlord to decide to do it. You could give your landlord written notice of the problem, and then start paying your rent into escrow with your local court. Check the court web site for the process.
Q: If someone borrows money from another and nothing was ever documented on paying it back or no proof that money was borr
Joseph Jaap's answer
Anyone can sue anybody for anything. But they have to provide proof that person promised to pay it back, and that it was a loan --- not a gift. If nothing is in writing, and the borrower claims it was a gift, and there are no other witnesses, then the plaintiff probably won't win the case. A case can be filed in small claims court up to $6000, or in municipal court up to $15,000.
Anyone can sue anybody for anything. But they have to provide proof that person promised to pay it back, and that it was a loan --- not a gift. If nothing is in writing, and the borrower claims it was a gift, and there are no other witnesses, then the plaintiff probably won't win the case. A case can be filed in small claims court up to $6000, or in municipal court up to $15,000.
Q: Can I get my deposit and first month rent back if I never moved in due to pest issues, repairs needed and still dirty?
1 Answer
| Asked
in
Consumer Law, Small Claims, Contracts and Landlord - Tenant
for
Ohio
on
Answered on Aug 20, 2018
Answered on Aug 20, 2018
Joseph Jaap's answer
You can file in small claims court. Check the court web site for the forms and process to follow.
You can file in small claims court. Check the court web site for the forms and process to follow.
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