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Ohio Small Claims Questions & Answers

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Ohio on

Q: i cancelled my airbnb reservation 32 days in advance. The host let me cancel with no fees.

air bnb wants to keep $400, 1st they said the host fees applied. the host let us cancel with no fees or charges. air bnb said then that they were keeping the money since they did their job as an online travel arrangement site. tho i have pictures from the host saying we were cleared & invited us... Read more »

Bruce Alexander Minnick answered on Apr 24, 2019

Technically, your contract was with Airbnb. If you utilized Airbnb's extensive (and costly) international booking system and paid the booking fee, and if Airbnb did everything they promised to do then--unless the contract allows some percentage refund--they should be entitled to keep your booking... Read more »

1 Answer | Asked in Small Claims for Ohio on

Q: I returned a car that I financed to the dealer the same day for repair that was supposed to be taken care of but wasn't.

They've had the car for 5 days. Can I break the financing aggreement on that vehicle?

Matthew Williams answered on Apr 1, 2019

Without reading the financing agreement and associated warranties or service plans, it’s impossible to say.

1 Answer | Asked in Small Claims for Ohio on

Q: I was assaulted and robbed in my own home

I had somebody come over to my house in before they left they assaulted me and my parents and stole money in the process

Matthew Williams answered on Feb 20, 2019

Call the police.

1 Answer | Asked in Small Claims for Ohio on

Q: Can I go to jail if I don't go to small claims court

Matthew Williams answered on Dec 1, 2018

No. But the court will issue judgment in favor of the other side of if you don't show up. And they will then have the legal means to seek to collect from you by force.

1 Answer | Asked in Small Claims for Ohio on

Q: If I don't go to small claims court will I be arrested

Bruce Alexander Minnick answered on Nov 28, 2018

Not in Florida; and I suspect the law is the same in Ohio. Small claims courts handle CIVIL matters; arrests are only made in CRIMINAL matters.

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... Read more »

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 Small Claims for Ohio on

Q: If i have a hearing by the board and their lawyer and still do not feel the assessment is fair do I have any recourse ?

There is damage on common property near my unit. It was caused by drainage from 4 downspouts that converge on my unit area. They said they will fix it then assess me for the cost.

Matthew Williams answered on Sep 19, 2018

You could always take them to court...since I'm guessing this a condo board (yes?) you may want to try to work it out with them first.

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... Read more »

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 Small Claims for Ohio on

Q: A contractor has failed to finish our kitchen remodel started in Feb. 2018 despite frequent communications & promises.

We initially left the issues unsettled because of illnesses and the deaths of parents. Since March, however, we’ve been in contact with the contractor regularly - I have copies of all communications. He has made promises to “have someone out there next week” several times but they don’t... Read more »

Matthew Williams answered on Aug 8, 2018

Small claims court, municipal general civil division, or common pleas court in civil cases depends upon the amount of $ involved and the types of relief available.

1 Answer | Asked in Business Law and Small Claims for Ohio on

Q: I own and operate a HVAC Service and Repair Business. I did some work for a couple on 1/31/18. In their home.

I replaced a part in their furnace the next day to restore their heat and billed them for it. No answer to any invoices I found out the couple filed for divorce I contacted the husband initially and he said the wife is responsible for the billing. I continued billing both via us mail until... Read more »

Joseph Jaap answered on Aug 6, 2018

Sue both in small claims court. Check the court web site for the forms to file.

1 Answer | Asked in Small Claims and Civil Rights for Ohio on

Q: ex boyfriend of 3 years has been having 3 of my credit card payments coming out of his account by default

Gary Kollin answered on May 29, 2018

I do not understand if there is a question and if there is, you must articulate the facts better

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for Ohio on

Q: Investment Co. Purchased house next door and had company cut down a tree in our front yard! How should I proceed?

We have a house in Cleveland heights, Ohio which we now use as a rental and has been unoccupied for the past 2 months. Apparently the house next to us sold and an investment team(appears to be a large company) purchased the house next to us. The investment team hired a tree/crane cutting company to... Read more »

Bruce Martin Broyles answered on May 11, 2018

File a lawsuit. The company trespassed and caused damage to your yard. In addition cutting down an ornamental decorative tree can result in trble damages in Ohio.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Ohio on

Q: The lease effective on May 26 2018, I never move in yet, can I sue landlord to get money back from a small claim court ?

I informed landlord on March 29 2018 that I cannot move in to her house and need to terminate the agreement and asking for reasonable amount of money back from the entire money I paid her in advance on March 12 2018 in a total of 4470.96 usd splitting into 1400 usd for security deposit, 1400 usd... Read more »

Joseph Jaap answered on Apr 23, 2018

If you and landlord both signed the lease, then it would be a valid contract. Even if you don't move in, you would have the legal obligation to pay rent, unless there is an early termination provision. If not, then you would not be entitled to any return of money from landlord, unless landlord... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on

Q: Can I take legal action against my landlord for not fixing major repairs until someone gets hurt?

My daughters bedroom ceiling fell down on her after MONTHS of me telling him it was cracking. My other daughter fell off porch while holding my grandson, breaking her ankle due to him not fixing rail, after me repeatedly telling him. Now the rail going up my steps has broke, has been a month, and a... Read more »

Joseph Jaap answered on Apr 16, 2018

Contact the local building department, which might issue repair orders. Send landlord written notice of the problems, then start paying rent on time each month into escrow with the local court, which will schedule a hearing for landlord to come and explain what is being done to fix the problems.... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Small Claims for Ohio on

Q: In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from

In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from a company that is now defunct. The former owner now owns a new, unrelated company that works to fix bowing foundation walls. He used to own a waterproofing business. Thanks!

Joseph Jaap answered on Mar 30, 2018

Small claims court for a claim up to $6000, or municipal court up to $15,000. Over that - Common Pleas Court.

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on

Q: Neighbors pool broke and flooded our basement, worth going to small claims court? Neither insurance covered damages

3 inches of water in basement, we cleaned and threw away all damages, have not heard from neighbors since day it happened, been a month.

Bruce Martin Broyles answered on Mar 24, 2018

Small claims monetary jurisdiction is $6000, but the difficult part will be establishing your damages. You probably have receipts for rental vaccumms or service company to remove water and water damaged items, but how to establish the value of damaged items. The owner of property can provide... Read more »

1 Answer | Asked in Family Law, Domestic Violence, Intellectual Property and Small Claims for Ohio on

Q: What if you're recently 18 and left a bruise on your younger brother?

My brother wasn't listening to me telling him to go upstairs after screaming at my other brother for hours and was being obstinate for 15 minutes about going up the stairs saying I wasn't letting him when I clearly just wanted him to go upstairs and I kicked him in the hip and left a bruise. Not... Read more »

Matthew Williams answered on Mar 23, 2018

Well, you just confessed to domestic violence, a first degree misdemeanor punishable by up 180 days in jail and a fine up to $1,000. So there's that.

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on

Q: I have never been evicted. Went to get moving van and came back to changed locks and I can't get property.

The landlords just went in and rummaged through my apartment and then put locks on doors. From what I can see they've stolen some things as well. We have no written lease. They have never given me a receipt and I lived there 3 years. Now on the day I'm moving they cut off the lock of a big box... Read more »

Bruce Martin Broyles answered on Mar 21, 2018

Ohio does not provide for self-help provisions in a residential lease. Landlords must provide a 3 day notice; file a complaint for forcible entry and detainer; provide sufficient information at a hearing, and obtain a writ of restitution. Does not sound as though your landlord did these things.... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on

Q: Am I entitled to get the downpayment money back?

I used money from my dad to cover a downpayment on a house that I bought with my ex. The house was bought under his name (mine was not on the title at all). (Roughly $25,000 was used for the house downpayment).

The downpayment money was given and the bank required me to sign a letter... Read more »

Joseph Jaap answered on Mar 14, 2018

The context of this situation and your question are unclear. Who is "us?" Who are "they?" Who is trying to collect money from whom, and why? Is this a divorce? Is it a bank foreclosure? Is it small claims? But instead of explaining all that here, you should use the Find a Lawyer tab and... Read more »

1 Answer | Asked in Small Claims for Ohio on

Q: I am being threatened with legal action if I do not repay using itunes cards. Is this a scam?

Matthew Williams answered on Mar 8, 2018

That sure sounds like a scam to me.

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