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COVID-19 Ohio Questions & Answers
1 Answer | Asked in Employment Law for Ohio on
Q: In the state of Ohio, if your employer mandates tests and leaving work if positive for covid, can they then write you up

I tested positive for covid and was sent home to quarantine. Then given call off points for being made to take days off.

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2024

In Ohio, if an employer mandates COVID-19 testing and requires employees to leave work and quarantine if they test positive, it raises concerns if the employer then penalizes the employee for complying with these health and safety measures. Generally, penalizing employees for adhering to mandated... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My mother has lived in amha housing for over a year and the intercom system does not work she had covid.

This left my mom trapped in her apartment and I could not get in because of the intercom system is not hooked up in her room there is nothing there. Is there something I can do this has been a problem and I have not been able to get into the building.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

In your situation, addressing the malfunctioning intercom system in your mother's AMHA housing is a matter of both accessibility and safety. As a resident, your mother has the right to a habitable living environment, which includes proper maintenance of essential systems like intercoms,... View More

1 Answer | Asked in Family Law and Probate for Ohio on
Q: My parents made changes to their will and signed and had this witnessed leaving me their house.

My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... View More

Aaron Epling
Aaron Epling
answered on Mar 20, 2023

Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my daughter’s mother allowed to withhold my visitation for COVID scares and positive tests even though I was exposed?

My 4 year old was exposed (supposedly) on Friday, but had surgery on her arm on Saturday, with no precautions taken by the hospital. I spent all day with her and her mother in the hospital on Saturday. Now, the mother states my daughter has tested positive and refused to appear at our exchange... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2022

No. The covid emergency orders explicitly stated that you could NOT do this. If she is doing this in violation of a parenting order then you can file a motion to show cause.

1 Answer | Asked in Family Law for Ohio on
Q: Does COVID-19 give ex the right to with hold makeup parenting time?

We have a parenting agreement that states any/all parenting time missed has to be made up within 90 days. Ex is claiming due to child having COVID-19 (which was the cause of missing the time) she does not have to comply with the order to make up this time. The courts told me there is no current... View More

Bridget Sciscento
Bridget Sciscento
answered on Feb 1, 2022

No, your ex cannot refuse makeup time with the child. There is a court order in place that directs any missed time to be made up within 90 days regardless of the cause of the childing missing the parenting time, it needs to be made up within the 90 days. If your ex does not comply with the make up... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My daughter's father has tested positive for covid. Our daughter and myself have both tested negative.

She was/is with him for his time according to our shared parenting plan. He is refusing to allow me to pick up our daughter. Can I take her against his wishes and can I refuse visitation with him due to his positive covid result (

Cathy Cook
Cathy Cook
answered on Sep 26, 2021

Generally, the Courts are not requiring parents to relinquish parenting time due to a positive COVID test. Has your daughter been vaccinated or is she too young? Does she have any health conditions? Is he wearing a mask, having her do so, and keeping distance?

You might see if her...
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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