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COVID-19 Ohio Questions & Answers
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 »

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: we are on a month-to-month lease and got a non-renewal notice to leave in 30 days. Can I fight this since I am pregnant?

Our lease ended a couple months ago and fell into a month-to-month basis. We just received a non-renewal notice without explanation and have 30 days to leave. I have two kids and I’m pregnant now. Can I fight for more time to find a new home because of my pregnancy even though we are no longer on... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 27, 2020

Pregnancy does not provide any legal right to stay beyond the expiration or termination of the lease. You can try to negotiate with the landlord about it, but if the landlord does not allow you to stay, landlord can file an eviction. An eviction is a permanent public record that can make it... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I rent in Ohio in a level 3 covid area. Can i stop my landlord from showing the house during a pandemic?

After renting a house for 8 years in perfect standing, my landlord decides he wants to sell the house i'm in during this pandemic. I and other members of my family have underlining health conditions that makes covid-19 more dangerous. Like i said i live in Erie county Ohio which is currently... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 24, 2020

Ohio law allows landlord to show prospective tenants or buyers after giving reasonable notice to a tenant. That law has not been amended for the pandemic. If you refuse entry, the landlord could try to evict you. But landlord is not allowed to force entry to show the house. Tell the landlord... Read more »

1 Answer | Asked in Business Law for Ohio on
Q: My dance students paid money to enter competitions but the events were cancelled due to COVID. How can I get refunds?

Competitions are only giving credit, but some of our dancers are not returning to classes. Parents want a cash refund which involves thousands. Basically the competitions are holding our money forcing us to return to their competition.

By law do I have to give these refunds if I have not... Read more »

Mark Martin Turner
Mark Martin Turner answered on Aug 19, 2020

Clyde,

The answer is it depends. For the Competitions, the contract the studio/club signed with the Competition legal entity will control that. If the contract says that if the event is canceled or postponed you only get credit, not your money back, that controls. If it is silent about...
Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I am 4 months pregnant, and at higher risk/more susceptible to covid19, but my landlord is showing the house I'm renting

I've told him my concerns (that I don't want strangers in my house during the pandemic) and we're leaving the premises in 43 days. He's unwilling to show the house virtually as well. What can I do? I'm scared for my well-being and that of my unborn child.

Joseph Jaap
Joseph Jaap answered on Aug 18, 2020

Ohio law allows landlord to show to prospective renters by giving 24 hours notice. But the law does not specify a penalty for tenant if tenant refuses. If tenant refuses, landlord could file to evict tenant. It is unlikely that the eviction process can be completed in 43 days, as the landlord... Read more »

2 Answers | Asked in Constitutional Law for Ohio on
Q: Does a person a right to conceal their face in public?

Masks have become very popular recently. Many states require their use in all public buildings. Many have questioned whether requiring a person to wear a mask is Constitutional. I think that is asking the question precisely BACKWARDS. I think "Does a person have a right to conceal their... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 11, 2020

That's a good question. Before the pandemic, concealment was a greater concern than public safety. But priorities have shifted, where the concern is more about the protecting the health of the public than of the risk of a robber concealing their identity. Constitutionally, laws can be subject... Read more »

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