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Ohio Questions & Answers
1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my landlord change terms of my signed lease?

My lease is up next month and on the signed lease it states “after lease end date, lease will go month-to-month” (vs signing for another full year) “until either party gives 60 day notice to move). My landlord send me a new copy of the lease to sign, where it is a lease for another full year.... Read more »

Matthew Williams
Matthew Williams answered on Sep 14, 2021

Well, they can’t really get out of the month to month provision but a month to month lease is subject to renegotiation every month so they could say the rent is going up and not renew you unless you agree to the higher rent.

1 Answer | Asked in Estate Planning for Ohio on
Q: My husband said if he passes with no will, I only receive 1/3 of the estate etc? Why would this be?

My husband is the only name listed on the deed for our property. He has 2 children, never was married to their mother, the mother has had custody of them, they've lived out of state about half of their minor lives, they are both over 18 at this point and have had 0 contact with him for many... Read more »

Aaron Epling
Aaron Epling answered on Sep 14, 2021

If that's not what he wants, then you need to get this done ASAP. Each issue you bring up can be quickly resolved.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a 30 day notice be given via text message?

We are month to month at our current residence and our landlord gave us a 30 day notice via text message. Does this legally hold up? We are having a very hard time finding any rentals in our area and I was kind of hoping this might buy us a little more time to find something since the landlord is... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 14, 2021

Typically, it must be "in writing," which means on paper given to tenant, posted on the tenant's door, etc. But it depends on what your lease says or what your local court will accept as an effective lease termination notice. Use the Find a Lawyer tab to retain a local attorney who... Read more »

2 Answers | Asked in Estate Planning and Elder Law for Ohio on
Q: When someone passes and there is no TOD or Will stating who a vehicle can go to.

Does the Ohio rule of Descent and Distribution, code 2105.06 mean that it will automatically go to the living spouse without having to go thru probate? The same does not apply to lineal descendants such as a child, correct?

Thank you Andrew Popp for your previous help.

Andrew Popp
Andrew Popp answered on Sep 13, 2021

No problem. There is a separate statute for that. See Section 2106.18 of the Ohio Revised Code. (link below) You can usually accomplish this by going to the BMV as long as the value does not exceed $65,000 under current law.

https://codes.ohio.gov/ohio-revised-code/section-2106.18

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Retaliatory $100 rent increase after inspection. Any recourse?

I complained to my elderly landlady how cold my tiny rental house (mo.-to-mo., no lease) was this winter, and the vents clogged with dust. Nothing was done. So I applied for a low-income energy inspection through an OH state dev. program (COAD). I got approved & an inspection date. I informed... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 13, 2021

With only a month to month lease, there is no guarantee of rent, and no limit on any rent increases, even if they seem retaliatory. A month to month tenancy can be terminated by either landlord or tenant by giving 30 days notice in writing. So try to work it out with landlord after she calms... Read more »

2 Answers | Asked in Probate for Ohio on
Q: Our attorney in Ohio just sent us a $48,000 bill for settling my brother's estate. looks excessive. do i have recourse?

The estate is around $800,000. It has been over a year and a half and according to him it is still not settled!

Aaron Epling
Aaron Epling answered on Sep 13, 2021

You can't simply base whether the fee is reasonable on the amount of the fee vs. the total estate. Was the executor involved in litigation or any other controversies? Does this court have a local rule allowing the attorney a percentage of the assets? Was the attorney acting as executor?

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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: If a married Sr Citizen passes & they have a vehicle only titled in their name.Can it be retitled in someone else's name

Other then the living spouse? The living spouse is 82 and may need state assistance in the future. We don't want her to get refused assistance by not selling the van for money. Her son would like the van transferred to him. She's disabled and he's living with her to help now. So can... Read more »

Andrew Popp
Andrew Popp answered on Sep 13, 2021

Unless there was a TOD on file for the vehicle, then it will require probate in order to transfer the title to the van. The vehicle will be transferred to whomever is named in the Will, or whom is required under Ohio's rule of descent and distribution if there is no Will. See Section 2105.06... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Does having Appraisal gap nullify appraisal contingency ?

Does having Appraisal gap nullify appraisal contingency ?

As a buyer, I have an appraisal contingency of walking out from the offer if the appraisal is less than contract price.

However, i also have an appraisal gap of bridging the cost upto a certain amount.

I have changed... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 12, 2021

To be certain an attorney should review your purchase agreement. Most that I have seen allow you to terminate the contract if the appraisal comes in lower, but you usually have to notify the seller that you are terminating the contract within a specific amount of time

1 Answer | Asked in Traffic Tickets and Car Accidents for Ohio on
Q: I was rear ended yesterday ..my tags and license had expired..and no insurance..i was not cited..i don't think the other

Driver was either only listed as at fault..will my license get suspended..am now current on tags and license..do i have any recourse for damages.

Tim Akpinar
Tim Akpinar answered on Sep 12, 2021

An Ohio attorney could advise best, but your question remains open for three weeks. It's possible you could have a basis for recovery - but only an Ohio attorney could advise for certain what types of damages are included or excluded. In many jurisdictions, those violations on your part could... Read more »

1 Answer | Asked in Health Care Law for Ohio on
Q: My biopsy was canceled because the hospital didn't have the right equipment there. Do i have grounds to file a lawsuit

I was checked in and taken back to the pre-op area.i had changed clothes and in the bed when i was taken to another area of the hospital and informed that my surgery was canceled because they did not have the right equipment there.

Andrew Popp
Andrew Popp answered on Sep 10, 2021

I do not see an actionable claim based upon these facts. If you were harmed or charged for this you may have some minimal recourse, but it sounds like the hospital did the right thing overall. Maybe if you traveled a long way and incurred significant costs, the hospital should reimburse you if... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: can you be prosecuted for trying an illegal substance once (one mushroom) in the past even without physical evidence

i did it a long time ago and only now has anyone heard of it so now i am being threatened with prosecution without physical evidence.

Andrew Popp
Andrew Popp answered on Sep 9, 2021

Doing drugs is technically not a crime. Possession of the drug is a crime. That being said, if you were on some type of probation etc. that prohibited the use of any drugs then that could stand. Whether or not the prosecutor can prove that you had possession of a controlled substance or if you... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: I bought a home in Ohio in 2019, the yard was fenced on both sides, but neither fences are on my property.

Now one of my neighbors want to take down my fence and put up his own. Does he have the right to ask me to take down the fence?

Joseph Jaap
Joseph Jaap answered on Sep 9, 2021

Nothing stops him from asking. Work it out with the neighbors, or get a boundary survey to confirm where the property lines are, and then use the Find a Lawyer tab to retain a local real estate attorney to review the survey plat and advise you of your options.

1 Answer | Asked in Bankruptcy, Contracts and Copyright for Ohio on
Q: Is it legal to sell someone's else stuff without their knowledge or consent?

Until my lease for my new apartment began, I stayed at my friend's place for a month. Recently when moving in, I forgot some items at the friend's place. The next day after move-in, I asked the friend if I can go to their place and collect my remaining items. They said they were out of... Read more »

Timothy Denison
Timothy Denison answered on Sep 8, 2021

Take a criminal complaint against the boyfriend for theft and conversion.

1 Answer | Asked in Traffic Tickets for Ohio on
Q: Is it illegal to make a left turn over solid double yellow lines in Ohio? Additionally, are U-turns always illegal here?
Matthew Williams
Matthew Williams answered on Sep 8, 2021

I know of no ordinance that prohibits turning left over double yellows to enter a driveway. Crossing them for any other purpose is generally unlawful and it is possible that a municipality has outlawed crossing them even to get to a driveway.

In Ohio generally, you can make a U-turn...
Read more »

2 Answers | Asked in Bankruptcy for Ohio on
Q: If I’m in a chapter 13, and I want to move in with my girlfriend, how will this affect the chapter 13 payment?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 8, 2021

If your plan has been confirmed, there should be no effect on your move.

There are, however, some districts in which yearly financial reports are required. If you're in one of those districts, the Ch. 13 trustee may push you to increase plan payments if your monthly living expenses...
Read more »

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1 Answer | Asked in Intellectual Property and Landlord - Tenant for Ohio on
Q: Can I immediately evict a tenant if they threaten property damage through text? He’s also verbally threatened my fiancé.

He’s been staying with us for awhile, he hasn’t paid rent this month and hasn’t paid bills from the month prior. He also made himself a liability when he constantly gets drunk and plays with his firearms. When confronted, he verbally threatened my fiancé while I was at work and told us he... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2021

If rent is unpaid, deliver a 3-day notice to vacate, then file an eviction action. If you just change the the locks and throw his things outside, he could sue you for wrongful eviction. Use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How can I keep my deceased Mother's house from being taken by Medicaid Estate Recovery in Ohio?

My wife, kids, and I live in my Mother's house. She passed away in April 2021 without a will and probate hasn't been started yet. We received a letter from the Ohio Attorney General stating that she owes $74,000 for Medicaid Estate Recovery. I'm assuming they'll put a lien on... Read more »

Aaron Epling
Aaron Epling answered on Sep 7, 2021

This is a very good question. If you are disabled, then you may be able to stay in the house. If not, then another option is to negotiate with Medicaid and they may take a lower amount in exchange for not having to foreclose. Either way, you should probably get an experienced attorney involved who... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Do I need a work for hire agreement for an editor and illustrator when I want to own my book rights, independent author?

I want to start writing and publishing children’s picture books as an independent author. I have written a 32 page book. i have already paid for copyrights. I want to hire an editor to look it over (line editing and copy editing) before I hire an illustrator. I am funding this entire project. Do... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 7, 2021

The contracts you sign with editor, illustrator, etc. must assign all of their WMFH copyright rights to you. Use the Find a Lawyer tab to retain an intellectual property rights attorney who can explain the copyright issues and prepare appropriate contracts.

1 Answer | Asked in Family Law for Ohio on
Q: grandma is trying to kick me out of my house Grandfather left me she has residency till she passes I have power of att
Joseph Jaap
Joseph Jaap answered on Sep 7, 2021

If she has a life estate, then she can decide who can live there. Use the Find a Lawyer tab to retain a local real estate attorney who can review the deed records for the house and advise you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Landlord won’t renew lease. Lease ends sept 15. I told him I can’t move until oct 15 can I get in trouble if I stay
Joseph Jaap
Joseph Jaap answered on Sep 7, 2021

If you don't vacate when the lease expires, then landlord can file an eviction, which is a permanent court record that can make it difficult to rent from a landlord who checks the court records. So try to work it out with landlord to avoid an eviction being filed against you.

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