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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Working on house as a guest for almost a month. Word of mouth deal I stay until the work is done.

The workis nowhere near done because I've had to wait on him to drop off materials that I gave him plenty of time in advance that I needed now all of a sudden I have to go and now.... Can he do that this is also an empty rental property don't I qualify as a tenant now

Joseph Jaap
Joseph Jaap
answered on Dec 20, 2018

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... View More

1 Answer | Asked in Contracts for Ohio on
Q: We are selling our house and closing date is written on the contract as, "on or about 12/20/2018.

The contract also says title will transfer on 12/21/2018. Two days before closing our realator says the buyers have some things to clear up with their lender and can't close, but they won't give us any details. Our agent says the wording on or about is vague and we have to wait but no... View More

Joseph Jaap
Joseph Jaap
answered on Dec 20, 2018

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.

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
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?

I'm being stalk, and my property has been vandalized multiple times in a matter of a couple weeks. I have police reports regarding this issue. I don't feel safe at my apt. My landlord is making pay out my lease or find a subletter for my apt. Is there a law regarding my safety is more... View More

Joseph Jaap
Joseph Jaap
answered on Dec 17, 2018

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.... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: My landlord sent me the lease renewal for 2018-19, and in his email advised me to sign and return and,

he would then send me a complete contract. I signed and returned the contract; he informed me that he has decided to go month to month. Is the landlord held to the email that demonstrates intent to sign the contract? Do I have recourse to hold him to honoring the contract?

Joseph Jaap
Joseph Jaap
answered on Nov 20, 2018

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,... View More

1 Answer | Asked in Business Law, Contracts and Small Claims for Ohio on
Q: Can i sue in small claims court for money someone "owes" me in purchase agreement plus the max $6000 you can sue for?

They have breached the contract completely to buy a small business, business and taxes are in good standing, the purchase agreement has been signed, and they are still promising they will pay even after the extension we gave past closing date. They have caused a lot of damage, the contract does not... View More

Joseph Jaap
Joseph Jaap
answered on Nov 13, 2018

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.

1 Answer | Asked in Contracts for Ohio on
Q: I have a gym contract that I would like to get out of that states,

"Following the initial membership term, your membership agreement will automatically continue on a month to month basis for 26.76 per month until a 30 day advance written notice is given by either party. Buyers notice must be sent to Everybody Fitness. Any additional service(s) will also... View More

Matthew Williams
Matthew Williams
answered on Nov 7, 2018

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.

1 Answer | Asked in Bankruptcy and Contracts for Ohio on
Q: I'm being sued in a state I just moved from, I was not probably served the summons for my court date.

I found out about it when I received a letter from another lawyer wanting to represent me. He gave me the case #.

Timothy Denison
Timothy Denison
answered on Oct 27, 2018

You should probably hire someone in that state to represent you.

1 Answer | Asked in Banking, Contracts and Bankruptcy for Ohio on
Q: I gave my car back to the bank.

I had recently applied for a new car loan. I wanted to roll my remaining loan over onto to new loan. My dealer at Ford told me my car was listed in a bankruptcy. About 4 years ago I had filed for a chapter 7 but we never went through with it and it was dismissed. I explained this to the dealer.... View More

Timothy Denison
Timothy Denison
answered on Oct 20, 2018

Same answer I gave last question.

1 Answer | Asked in Contracts for Ohio on
Q: Are there any mandatory penalties imposed for unconscionable rent agreements?

My lease is unconscionable. I am trying to see if I am entitled to any punitive damages outside of direct damage.

Joseph Jaap
Joseph Jaap
answered on Oct 17, 2018

Those are not provided in the statute. It would be up to the discretion of the court.

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: What legal repercussions if any could I face if I walk away from buying a property that I signed a contract on
Vincent Gallo
Vincent Gallo
answered on Oct 13, 2018

The terms of your contract will govern and dictate your obligations.

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1 Answer | Asked in Bankruptcy and Contracts for Ohio on
Q: I cannot get approved for a new car loan because my old was listed in a bankruptcy

I cannot get approved for a new car loan because my old car loan was reported in a bankruptcy. We didn’t pursue it because no collections came forward. That was four years ago. I recently went to a car dealer a very well known dealer and they told me my car was listed in a bankruptcy. They... View More

Timothy Denison
Timothy Denison
answered on Oct 1, 2018

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.

1 Answer | Asked in Bankruptcy, Contracts, Banking and Collections for Ohio on
Q: My car was listed in a bankruptcy the bankruptcy was dismissed because no collections came forward.

I have been making car payments since than but just recently tried to have remaining balance on my car loan rolled over onto a new car loan. The original bank that finenced me said my car was listed in a bankruptcy. Now I’m in limbo. There’s no actual car payments on my credit report. My new... View More

Timothy Denison
Timothy Denison
answered on Sep 30, 2018

If the bankruptcy was dismissed, you still owe the debt.

1 Answer | Asked in Contracts for Ohio on
Q: My children's former daycare is trying to sue me for breech of contract, can I counter sue?

I received a handbook at enrolment in December, 2017 stating two weeks notice for disenrollment as well as payment is required. In July, 2018 I received another handbook stating two weeks notice is 'appreciated' but did not mention payment is required. In August I received an email saying... View More

Joseph Jaap
Joseph Jaap
answered on Sep 25, 2018

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... View More

1 Answer | Asked in Contracts for Ohio on
Q: What if the vehicle's lease doesn't provide that non-OEM parts will diminish the value of the vehicle?

What if the vehicle's lease doesn't provide that non-OEM parts will diminish the value of the vehicle? Will the leassee still be required to use OEM parts- or can they use non-OEM parts if the agreement doesn't specify that the reason why OEM parts are required? Because NH RSA... View More

Matthew Williams
Matthew Williams
answered on Sep 19, 2018

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?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: How long can someone legally stay at a residence in Ohio if they are not on the lease?

My neighbors boyfriend is over every single night. We've already called the police on them for smoking marijuana. We have a confirmed police report saying they smelled the drugs. Her boyfriend is a convicted felon and isn't on the lease. He has already made my household very... View More

Joseph Jaap
Joseph Jaap
answered on Sep 12, 2018

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.

1 Answer | Asked in Civil Rights and Contracts for Ohio on
Q: If someone borrows money from another and nothing was ever documented on paying it back or no proof that money was borr

Can they be sued for it?

Joseph Jaap
Joseph Jaap
answered on Aug 29, 2018

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.... View More

1 Answer | Asked in Consumer Law, Small Claims, Contracts and Landlord - Tenant for Ohio on
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?

I was not given the opportunity to look at property before I moved in due to landlord not being available. My move in date was 8/16 and I received my keys and spent 2 hrs on walk thru on 8/15 @ 7pm going over things that needed to get done and unfortunately I had movers set up the next morning at... View More

Joseph Jaap
Joseph Jaap
answered on Aug 20, 2018

You can file in small claims court. Check the court web site for the forms and process to follow.

1 Answer | Asked in Contracts for Ohio on
Q: Can a buyer delay closing for financing when the contract is written as a cash buy?

This buyer has delayed the closing three times up to this point. (nearly two months) He is now seeking bank financing and wants to delay two more weeks. The delays are costing me in lost rent etc.

Joseph Jaap
Joseph Jaap
answered on Aug 16, 2018

You could declare the buyer to be in default. But if buyer won't sign a mutual termination of the contract, then you are stuck with a pending contract. You could sue in court for breach of contract and for lost rent, but that could take months to resolve. Use the Find a Lawyer tab to retain... View More

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Sellers realtor after all closing docs were signed asked for 5 extra days. Doesnt work for us what r our rights?

Sellers realtor said "tough- seller will stay extra days and u cant do anything about it"

Joseph Jaap
Joseph Jaap
answered on Jul 18, 2018

It would take weeks to evict them. You could sue them for any costs that you incur because of their delay in vacating, such as extra moving or storage costs. But the legal system does not provide any practical way to get them out in 5 days. You could call the police, but they would likely say to... View More

1 Answer | Asked in Contracts for Ohio on
Q: Can you tell me the details of the “On or About” closing date for Ohio? We are sellers and need to extend 10 days.

We asked the buyer if that would be ok, it’s been 12 days and he still has not given us an answer.

Joseph Jaap
Joseph Jaap
answered on Jul 9, 2018

If you do not go to closing until 10 days after the date set, then the buyer could sue you for breach, and the court would decide if 10 days was close enough. It is unlikely to go all the way to a trail if buyers sue, but litigation would make it unable for you to sell until the lawsuit was... View More

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