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Ohio Questions & Answers
1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Does a landlord have to provide written documentation that they are refusing your rent when requested

Landlord is refusing current months rent because they are about to give an eviction notice but no notice has been given yet. When requested they refuse to put anything in writing

Nicholas P. Weiss
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answered on Oct 11, 2024

A landlord cannot refuse timely paid rent. They ARE permitted to refuse late rent unless a specific municipal code prevents that. If they attempt eviction, let the court know that you attempted to pay rent timely and it was refused.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My boyfriend has been trying to find out when he was divorced. His ex will not give him any information.

We’ve tried everything on the Internet to try and find it with no luck. She said it was in the mid 90s, but that’s all she’ll say. She lives in Ohio. He tried calling every county he could think of with no luck. What else can we do?

Nicholas P. Weiss
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answered on Oct 11, 2024

I think it's possible based on this description that he was never actually divorced. This is usually something that is pretty easy to check. She would have had to file in a domestic relations court of the county in which she resided. If you have already contacted that county's clerk of... View More

1 Answer | Asked in Family Law for Ohio on
Q: Does a step parent have any rights to children vs a domestic partner?

My ex and I have 2 kids. He is re married and I have a partner of 5 years. My kids consider my partner their step Dad. He is claiming since we are not married that my partner can't even be listed as an emergency contact at school or any other forms but his wife is required to be listed. In my... View More

Nicholas P. Weiss
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answered on Oct 11, 2024

He is wrong. Unless she adopts them, or gets some other kind of court ordered right, his new wife and your current boyfriend have the same amount of rights to the children, which is none.

He also misunderstands what an emergency contact is. It is just that. An emergency contact. It implies...
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1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: What do I do if I was named in a foreclosure for a property I no longer own?

I currently live in FL; however, recently I was named as a defendant for a property that is being foreclosed on in Summit County Ohio. I owned the property in 2014 and sold it in 2016 and currently have no interest in the property. I am not sure how I was named in this situation with the courts.... View More

Nicholas P. Weiss
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answered on Oct 8, 2024

It is likely that you were named in an abundance of caution as having a potential interest in the property. All parties with an interest in a property must be named in a foreclosure. You can likely do nothing and be fine, but if you'd rather file something with the court disclaiming your... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I have a question on buying a property with rented mobile home lots.

The lot is a .5 acre lot in Adelphi Ohio. There are two mobile homes on the lot they rent the lots but own the homes. We want to buy our own mobile home to move to the lot. Can we have the current tenants move if given a reasonable time to vacate? Would we be legally responsible for any cost in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 3, 2024

You are on notice of a rental agreement so you are bound by the terms. Once you know the terms and conditions as well as the length of the agreement (term) you can cancel the contract or refuse to renew.

There are very specific laws regarding mobile home parks and the eviction process. It...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Ohio on
Q: Ohio; loss of use of my vehicle included in bodily injury claim? Bodily injury should include mental health?

I’m trying to get loss of use compensation from the insurance company if the girl that hit me last year. They responded that they already paid my insurance company for loss of use and all other claims are under my bodily injury claim. My insurance company has no record of them send payment for... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2024

An Ohio attorney could advise best, and more specifically, your own attorney on the case. But your question remains open for a week. It's difficult to give a "short answer" here because loss of use of your vehicle could depend on your policy and/or liability in the case. This may or... View More

1 Answer | Asked in Probate for Ohio on
Q: Ohio Probate My mom, uncle and aunt inherited my Grandma's house. My uncle died without a will, no kids or wife.

So my mom and aunt inherited his share of the house and his belongings like a new car and other things of value. The house nor his car had not yet been sold when my mom died in June without a will. So my question are me and my siblings legally entitled to her share of the house and of my uncles... View More

Joseph Jaap
Joseph Jaap
answered on Oct 1, 2024

Yes, you and your siblings could be entitled to something of your mother's estate, depending on whether she has a surviving spouse. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you how best to proceed to sort out the estates for both your... View More

1 Answer | Asked in Probate for Ohio on
Q: i am a minor in medina county ohio and want to get a legal name change, how does it work? do i need a court date? etc

i’m in medina county ohio and want to know how as a minor i can change my name to align with my gender identity. will i have to go to court and talk to a judge, do i have to do a backrounf check, can passing that make it so i dont have to do a. court hearing? stuff like that

Aaron Epling
Aaron Epling
answered on Sep 30, 2024

Good question! Here's a link to the packet you would need to fill out in Medina County (for reference only) and it does contain some requirements. Looks like the parents must be notified at a minimum and may appear at the hearing to object. Good luck!... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How can I verify my rights as successor beneficiary of trust if trustee won’t provide copy?

My grandmother died in July and her assets were in a trust. I believe that my father, who died three years ago, is a beneficiary of the trust and I would be a successor beneficiary and may be entitled to his share.

The problem is that, despite multiple requests, the trustee has not provided... View More

Aaron Epling
Aaron Epling
answered on Sep 30, 2024

Beneficiaries are entitled to a copy of the trust instrument, among other things, under Ohio law. If you are having a difficult time with the trustee, then you need to be proactive. This is a common story and the longer you wait the more likely you are to end up with nothing. I recommend getting an... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

Am I protected with my copyright or does the trademark override my copyright?

Sean Goodwin
Sean Goodwin
answered on Sep 26, 2024

Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: What are my options if I was sold a property without knowing the boundary line is inside my garage?

I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 24, 2024

Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How to best handle a small estate in Ohio, with only non Ohio heirs?

My mother recently died in Lawrence County Ohio. She has 2 children, myself, a 44 year old Kentucky resident, and my sister, a 49 year old West Virginia resident. Her estate only consists of a 2009 Honda Civic, no other assets, no owed debts. What is our best course of action since neither of us... View More

Andrew Popp
Andrew Popp
answered on Sep 24, 2024

It sounds like the estate may qualify for a simplified proceeding to handle the vehicle. Unfortunately, a Court process is still involved. Depending on what estate documents are in place you may need to retain local counsel to handle the matter for you.

I recommend setting up a...
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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: I was accused for criticism at work environment.My district manager met with me to discuss what was addressed to her

DM met with me on August 23.

My FMLA and disability leave on September 19th

I have not heard from The DM since

Can she terminate me while I’m on disability leave and FMLA

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Most employees are "at will" meaning they can be terminated without cause or notice. However, if you are on FMLA leave, a presumption could arise that you were terminated in retaliation for taking that leave, which would be illegal. The employer can terminate you while on FMLA leave if... View More

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: The father of my son hasn’t seen, called, checked in or financially supported him in over a year. Can my Husband adopt?

We have not heard from his father in a year if not longer. I have given up on texting and calling him due to him not replying. I send pictures here and there with no response. He has never financially helped in the whole 5 years but I never asked for child support. So at this point I think it’s... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2024

You can file for a step-parent adoption in your county's probate court. Because the biological father has not been involved or paid support to you in over a year (even without a support order) his consent is not required to commence the adoption. You do not need to file for abandonment.

2 Answers | Asked in Employment Law for Ohio on
Q: Leaving Company. Opening New Company. What are my obligations with clients? Details below.

I do not have a non-compete agreement, I did not sign a severance agreement, I do not have a non-solicitation agreement and no other agreements. Additionally, no company policies in place and no policy handbook, or otherwise was ever given, received or signed. I have respected company owner and... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

While you may not be under any restrictions regarding solicitation of clients there are widely varying laws in the states regarding use of "trade secrets" which could include client lists, and client data base information. If you really want to be secure in establishing a new and... View More

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1 Answer | Asked in Arbitration / Mediation Law and Family Law for Ohio on
Q: Mediation and our marital home

We bought our home during our 8 year marriage. Documentation does not have my name on it as owner. To save money, we opted to try to settle with a mediator we still need to get. My husband suggested buying out my equity in the home and paying off my car for me by dipping in his 401K in lieu of... View More

Joseph Jaap
Joseph Jaap
answered on Sep 9, 2024

A mediator helps the two spouses reach a settlement outcome that both spouses agree is fair, or at least tolerable. But if each spouse is not fully informed of their potential rights and all the implications of the settlement, then that spouse might be at a disadvantage in agreeing to a mediated... View More

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: What should I do in a case of fraudulent misrepresentation?

Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More

1 Answer | Asked in Probate for Ohio on
Q: My mom passed away a couple of months ago. Does her will need to be filed in probate for the contents of her house?

Her house and vehicles had a TOD, bank account was joint with someone else. Her will states that things are to be split equally between the children. Are the house, vehicles and bank account exempt from the will and having to be split? Does her will need to be filed in probate for the contents... View More

Joseph Jaap
Joseph Jaap
answered on Sep 3, 2024

Assets that have proper TOD designations are not probate assets. Personal property and other accounts or items without TOD could require her estate to be opened to transfer those items. Use the Find a Lawyer tab to consult a local probate attorney who can review the assets with you and advise you... View More

1 Answer | Asked in Contracts for Ohio on
Q: We sold a travel trailer to someone on payment and now they refuse to make the payments.

There was a handshake on the agreement of $10,000 for the travel trailer with payments of $300 a month until it was paid off. My husband agreed because the couple were in dire straights after a tornado had destroyed their trailer that they lived in full time. The stated that they had to have the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 30, 2024

You should file a complaint for breach of contract and replevin. The statute of frauds will pose a problem but you should be able to avoid the statute of frauds based upon partial performance.

You should file in municipal court

Process quicker and damages less than $10,000...
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2 Answers | Asked in Copyright, Personal Injury, Intellectual Property and Libel & Slander for Ohio on
Q: Can I send a cease and desist letter for defamation/ libel?

I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2024

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

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