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COVID-19 Ohio Questions & Answers
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... View 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... View 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... View 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,... View 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... View 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... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I have terminal lung cancer , do I have to allow landlord in to show house im renting that he wants to sell ?

Im on Keytruda ( immune therapy ) even the common cold could kill , not to mention covid19 !

Joseph Jaap
Joseph Jaap
answered on Dec 16, 2020

Ohio law says a landlord can show to prospective buyers by giving reasonable notice - typically 24 hours. But the law doesn't specify a penalty for tenant if tenant refuses to let people enter. However, the landlord could then file an eviction, and the tenant would go to the eviction hearing... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Tenant under eviction is trying to run a home business. Can I stop this?

My tenant is trying to have a photoshoot at my rental property (which she is being evicted from). Can I have this shut down if she does not provide Public Liability Insurance? Or is there any other legal route I can go to have this stopped? I do not want many people gathering in my property... View More

Joseph Jaap
Joseph Jaap
answered on Dec 11, 2020

There probably is no practical way to do that quickly. Court action can take days, weeks, or longer. You can't really threaten her with eviction if that is already in progress. Use the Find a Lawyer tab to retain a local litigation attorney who can review the situation and advise you of any... View More

1 Answer | Asked in Employment Law for Ohio on
Q: I am currently under a doctor ordered quarantine until the 11th my employers trying to force me to return today or fired

Can i be fired or pointed for obeying a doctor ordered quarantine .. I have only been in quarantine 7 days so far and my employer gave me the ultimatum of show up or be pointed and fired

Carrie Dyer
Carrie Dyer
answered on Dec 9, 2020

By requiring that you return to work in violation of a doctor's instruction to quarantine, your employer may be violating the sick leave provisions of the Families First Coronavirus Response Act. You would first need to determine if you are eligible for protection under these provisions. As... View More

1 Answer | Asked in Family Law for Ohio on
Q: I live in ohio, my ex keeps letting his parents around my kid when he has her, the dont believe in the virus, or any

Of the social distancing or mask wearing and also live in pa, what do i do? Ive told me ex i dont want them around her bc they not following the rules and going anywhere and fear for my healt and my child’s

Joseph Jaap
Joseph Jaap
answered on Dec 9, 2020

If you don't follow the court ordered parenting plan, then your ex can file to have the court hold you in contempt. You could then explain your concerns to the judge. Or you could file with the court to modify the parenting plan to include additional requirements and limitations to cope with... View More

2 Answers | Asked in Contracts for Ohio on
Q: My husband is our only source of income and has lost his job due to covid. We have made arrangements to live with family

But the buyout fee is several thousand dollars and they won’t accept multiple payments... if we could afford that, we wouldn’t be moving… Is there no such thing as a hardship action for Ohio?? Is there any kind of legal help because of the current pandemic with so many people losing their jobs?

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 3, 2020

I am assuming that you are currently in a lease or rental agreement. If an eviction action is filed for non-payment (as you are probably leaving regardless), then you can request a stay based upon COVID and the CARES Act. The CDC now requires you to file an affidavit that you have attempted to... View More

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1 Answer | Asked in Probate for Ohio on
Q: My Dad died last week & my sis is executor. She is taking valuable items out of the estate for herself.

She is also a beneficiary along with only my brother and I. She has her children whom aren’t beneficiaries going in as well and taking out items. I live out of the country and she wouldn’t listen to me that executors have to act in the best interest of the estate and not personal gain. I... View More

C. Lawrence Huddleston III
C. Lawrence Huddleston III
answered on Nov 28, 2020

She won't listen, so the only option is for you and your brother to hire an expert probate lawyer, and probably file your own action to be appointed and to remove her. At a minimum, you need to keep good notes of what she is doing and need to meet immediately with your own lawyer. Most... View More

2 Answers | Asked in Divorce for Ohio on
Q: Due to the pandemic my ex hasn’t paid child support for 5 months because he was laid off. Does he still owe it to me?

He said he doesn’t owe it to me because while we were separated and the divorce was not finalized he was giving me support money out of the kindness of his heart. So we should be equal or I should pay him back for doing that. Is that true?

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2020

Money given directly typically does not count toward the child support obligation, but is considered a gift. But it depends on the temporary support order in effect during the divorce, and what the court ordered for support when the divorce was finalized, and how it required him to pay , either... View More

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1 Answer | Asked in Family Law and Child Support for Ohio on
Q: Will I be forced to change jobs?

An ex just had my baby and we both know we’re going to establish child support soon. I’m on limited hours due to covid And how it impacts our field. Will I be forced to find a new job? I’ve been here a few years and would normally get 40 hours, the last few months have been 20 hours at most... View More

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2020

The current virus situation affecting your employment could be one factor in determining the child support amount. Use the Find a Lawyer tab to retain a local family law attorney who can review your financial situation, run the Ohio child support calculation using your prior and current income... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I received papers that my landlord has lost the home that I rent to foreclosurexpired expired Jan 2020. What to do?

my lease expired in Jan 2020 and the house is for sale. But according to the paperwork from the courts, it will go to sheriff's sale. Do I need to move? Can I be evicted? Should I still pay rent to the landlady?

Joseph Jaap
Joseph Jaap
answered on Nov 16, 2020

If sold at sheriff's sale, you'll have to talk to the new owner about staying. But the owner can ask you to leave, and evict you if you don't, although some tenants might be protected from eviction because of the limits on evicting some tenants because of the virus.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Do I have to have a witness for uncontested divorce to be granted in Ohio?

I'm getting divorced end of the week and my witness has COVID and can't attend. It is an uncontested divorce since we agree on everything and we will both be there. Do I have to have a witness to be granted the divorce if the defendant is present and in agreement?

Joseph Jaap
Joseph Jaap
answered on Oct 27, 2020

If both spouses are present, and both testify to the grounds for divorce and advise the court they want to terminate the marriage, then no other witness should be required, and the court should grant it, although it depends on your local court and ultimately the judge decides. But if the defendant... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: My landlord as consistently doing showings during covid.

I have 2 children 1 that may be high risk . She is also making me remove my dog from the premises for showings.Can I refuse entry to protect me and my family?

Joseph Jaap
Joseph Jaap
answered on Sep 25, 2020

Ohio law allows landlord to do showing after giving reasonable (24 hour) notice. But there isn't anything landlord can do to force you, if you refuse for health concerns. but landlord could file an eviction. Try to work it out with landlord.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Iij am asking for an elderly friend. His land lord is terminating his lease.. but the tenant does not want this..

He has lived here over 20 years. I know the land lord is terminating this lease because he cant raise the rent to what he gets from new tenants.. he also has wants to make renovations on this apartment. Wich I understand. But does my friend have to be homeless because of the landlords needs

Joseph Jaap
Joseph Jaap
answered on Sep 24, 2020

If the tenant's lease is not expiring, landlord cannot make him leave until the end of the lease term. But if the tenant's lease is expiring, then unless the lease gives tenant an automatic renewal or a right to renew, landlord is not under any obligation to renew or extend the lease... View More

1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: how long does a devorce usually take if the only issue is visitation of a child and the average cost
Joseph Jaap
Joseph Jaap
answered on Sep 8, 2020

The court filing fee is about $300 to 400. If an investigation is required to determine parenting issues, then several hundred more. Legal fees for an attorney could be from a thousand, to many thousand, depending on what happens. The process takes at least a few months, and can take up to a... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My lease is up at the end of Oct. 2020 and my landlord told me I have 60 days because he’s selling the property because

It’s too much maintenance work that he has to do. Due to the pandemic am I obligated to leave?

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2020

If you don't leave when your lease expires, then the landlord can file an eviction. Various courts and actions by the federal government have been suspending some evictions, which might delay the eviction process. But you can't count on that. You'll have to check with your local... View More

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