COVID-19 Ohio Q&A by Practice Area

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COVID-19 Ohio Questions & Answers
1 Answer | Asked in Landlord - Tenant and Estate Planning for Ohio on
Q: My mother wants to kick out my brother who helps take care of her.. she has dementia and alzheimers what can he do

She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers

Joseph Jaap
Joseph Jaap answered on Jul 21, 2021

If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... Read more »

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My lease is up on June 19th and the new rental can not guarantee it will be ready until June 30th. What are my rights?

I have left several messages with our current property manager but have yet to hear back from them. We have been legal tenants for just over 2 years with no issues. The landlord offered us a lease renewal, but we elected to decline and turned in a 60 day notice as is required in our lease. The... Read more »

Matthew Williams
Matthew Williams answered on Jun 10, 2021

Your landlord would have to evict you, yes. But you don’t want an eviction just especially before you’re set to sign a new lease. After all, the new landlord may decide not to rent to you. So yes you have the legal right to get evicted, which would take longer than the two weeks, but that’s... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: Can I be evicted during covid
Joseph Jaap
Joseph Jaap answered on Jun 7, 2021

Yes, a tenant can be evicted. The CDC imposed a moratorium, but only for non-payment of rent - not for other reasons. That expires on June 30,2021, but some courts have ruled that it is unconstitutional. So tenants can be evicted. Check with your local court.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I signed a 2 year lease and fell behind due to Covid, paid in full now. My landlord claims lease is broken and selling

What are my rights?

Joseph Jaap
Joseph Jaap answered on May 24, 2021

An owner can always sell property, even if leased to a tenant. But the buyer must honor the lease for the remainder of the lease term. The lease does not end when the property is sold, and so long as the tenant is not currently in default or does not breach the lease, there is no grounds for an... Read more »

2 Answers | Asked in Traffic Tickets for Ohio on
Q: Can I get issued a ticket without being pulled over even though I had a cop following me?

So I was driving in Mayfield to go get my shot for covid. I didn't want to be late so I was going a bit faster than I should (confident it was 40 in a 35, maybe 42). There was a officer in a drive facing the road so I slowed down to 36. He pulls out and follows behind me for a few minutes till... Read more »

Matthew Williams
Matthew Williams answered on May 19, 2021

I think you are overthinking it. He would have pulled you over, if he was going to give you a ticket.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My mom has been in her home 6 years the landlord said his family wants to sell. Wants her out so they can update it.

Nowhere on the lease does it say they might sell the home. He said he would give her a good reference. Were in the middle of a pandemic. She can't find a home under stress and the landlord wants to start remodeling so he told her he really needs her to find a place. What are her rights

Joseph Jaap
Joseph Jaap answered on Mar 29, 2021

The landlord must honor the terms of the written lease until it expires. But when the lease term expires, if the tenant does not vacate, then the landlord can file for an eviction. If the lease has already expired, then the landlord can give 30 days written notice to terminate the lease at the... Read more »

2 Answers | Asked in Family Law and Legal Malpractice for Ohio on
Q: Me and my ex share a kid and she is forcing me to get the covid vaccine if I want to continue seeing my kid. Is it legal

She already didn't let me see him for over two months because our Governor had the stay at home order in Ohio and now she is forcing me to get the vaccine if I want to continue seeing my son. I wondering if all this that she is doing is actually legal.

Joseph Jaap
Joseph Jaap answered on Mar 15, 2021

If you were not married to her, and if no court has granted you any parental rights, then she has sole custody and gets to determine who gets to spend time with the child, or even deny time completely. You could apply to the court for parental rights, but a judge might agree that she can refuse... Read more »

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2 Answers | Asked in Family Law for Ohio on
Q: I have a shared parenting agreement however my ex is using covid not to get his son. He hasn't gotten him since 3/2020.

Can I do anything about it? Also if my son is too much for me, can give temporary custody of him to his father? How do I do that? His father doesn't speak to me at all and I have asked for his help before and he will not help at all. Medically I can no longer live with him as he gives me... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 4, 2021

The past year has been very difficult and has had adverse affects on mental health. The father needs to step up. Start by talking to your son's father about the situation. Also talk to your son's school counselor, who could advise you about family counseling services that are... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Contract law

On July 20, 2020 I signed a contract for windows for my home (around $7,000). On 9/10 I got an e-mail telling me the windows would be ready 10/29. It is now 2/26/21 and they tell me they will install on 3/29. On 2/11/21 I sent them an e-mail stating that as a commission salesperson the bottom... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 26, 2021

A lawyer would have to review the actual contract terms to determine if you have a right to cancel, whether their delay was a breach of contract or if the virus lockdown excuses the delay, or whether they failed to comply with all the required consumer protection notices and right of cancellation... Read more »

3 Answers | Asked in Family Law for Ohio on
Q: If I have full custody do I have to let my daughter go visit her mother in another state if I don't feel it's safe to do

I have full custody in ohio and she doesnt have any legal rights as moved to california. Shes demanding I send her to California during the pandemic and I have no clue who she lives with or would be around if something happened.

Joseph Jaap
Joseph Jaap answered on Feb 23, 2021

It depends on what the custody order or parenting plan says about time with the other parent. Review those, or use the Find a Lawyer tab to retain a local family law attorney to review all the circumstances and advise you.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Who can I contact because my rent was raised more then 10% during the pandemic?

I am retired and have a disability; have lived in my current apartment for 31 years. During the pandemic, my rent was raised more then 10% of my then current rent; I was not on a lease. If I did not accept the lease, I would have had to pay $935.00 month to month. Their reason was, that they are... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 5, 2021

There is no restriction on raising rent when a lease expires. The moratorium on evictions only applies to non-payment of rent. It does not affect the amount of rent charged.

2 Answers | Asked in Estate Planning, Landlord - Tenant and Foreclosure for Ohio on
Q: how to evict a family member who was only supposed to stay free for a couple nights and didnt leave?

my cousin asked for a place to stay, and he lost his job now hes staying here not paying rent although there is no rent agreement he was just supposed to stay a couple days and leave he kept procrastinating till he got mail here now hes using squatters rights on us so he dosent have to leave, how... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 25, 2021

If you own the property, you can evict any occupant by following the proper eviction process. Check your local court for the notice and other forms to file for an eviction, or use the Find a Lawyer tab to retain a local real estate attorney to assist you, because you want to do it right the first... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: In Ohio, do all apartment complex have to take Section 8 now because of covid, even if we didn't before?

We are a higher end apartment complex and someone said now all apartments have to take section 8. Is this correct?

Matthew Williams
Matthew Williams answered on Jan 20, 2021

No. There have been some changes along those lines but nothing so broad. Toledo for example passed an ordinance that says landlords cannot reject applicants solely because they rely upon vouchers to help pay their rent. But it doesn't go into effect for about two months and there is nothing... Read more »

1 Answer | Asked in Uncategorized for Ohio on
Q: I am a nurse in assisted living . I was told today if I don’t take the Covid Vaccine I will be fired , is this legal?
Matthew Williams
Matthew Williams answered on Jan 20, 2021

Generally, yes. There is precedent for a general requirement to get vaccinated. Many healthcare providers require flu vaccines. Schools require children be vaccinated against a host of diseases. But they have to offer exemptions for those with legitimate medical or religious reasons not to be... Read more »

1 Answer | Asked in Employment Law and Constitutional Law for Ohio on
Q: Can a private company mandate the new covid vaccine without full FDA approval?

company is threatening to fire employees if they do not get the new covid vaccinations

Rhiannon Herbert
Rhiannon Herbert answered on Jan 20, 2021

Generally, the answer to this question is yes. Employers can require their employees to received COVID-19 vaccinations. However, if you have a medical condition that renders you unable to receive the vaccine, or you have a religious objection to receiving the vaccine, you may be entitled to an... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: can I get evicted during the covid pandemic due to loss of income from unemployment?

my husband was laid off and his unemployment funds have been exhausted we received a 3-day notice to vacate the property that does not look like a legal document to me

Joseph Jaap
Joseph Jaap answered on Jan 19, 2021

There is a moratorium on evictions for non-payment of rent if the tenant meets the CDC requirements and gives the landlord the required form. Check the CDC web site for the form and the requirements. The moratorium is set to expire 1/31/2021, but there is talk of extending it.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: We have lost our jobs due to Covid. We cannot pay rent now. Can we get out of the lease with just loosing the deposit?
Joseph Jaap
Joseph Jaap answered on Jan 19, 2021

There is a moratorium on evictions for those who cannot pay rent because of Covid if they meet the requirements of the CDC and file the form with the landlord. Check the CDC website for the form. If you qualify, then contact the landlord, who might agree to let you leave. Or if you qualify, you... Read more »

1 Answer | Asked in Probate for Ohio on
Q: My father passed recently and I am an adult child born out of wedlock. Am I included in probate?

My Dad isn't named on my birth certificate. My siblings pretend I'm not alive and I would like to be able to have some of his personal things. Can I legally make them include me before they separate his belongings up amongst themselves? I'm not seeking financial gain just pictures,... Read more »

Aaron Epling
Aaron Epling answered on Jan 16, 2021

Your father's personal belongings pass to those named in his will. You don't have a claim to them if you're not named in his will. If he doesn't have a will, then it gets complicated as to whether you are entitled to part of his estate and you would need to have a conversation... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I live in ohio on the pa line and was told by my ex that I can't see my child because of covid lock down rules.

Do I have the right to see my child in pa

Joseph Jaap
Joseph Jaap answered on Jan 14, 2021

You have the rights given to you by the court order for parenting time. But the lockdown rules have created an unusual situation, and problems for compliance. You can file a motion with the court to enforce the court's order, but your ex can then explain to the judge her reasons for limiting... Read more »

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