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COVID-19 Ohio Questions & Answers
1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can we legally ask a tenant who’s lease is up to move in Ohio right now even with the no eviction law?

Me and my husband are about to close on a house in Ohio. There is a tenant living in it. But her lease is up. Because of covid Ohio has the no evictions until July 1st. Does asking a tenant who’s lease is up to move so we can move in fall under that no eviction ruling even though we aren’t... View More

Joseph Jaap
Joseph Jaap
answered on May 26, 2020

If the lease is expiring, a landlord can ask tenant to leave by the expiration date, but if tenant doesn't leave, then landlord must file an eviction and wait for eviction hearings to resume. Evictions can still be filed in most courts - check with the court. Advise tenant that an eviction... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer say I resigned due to a change in my availability?

My availability recently changed from working 31 hours a week to now I am only able to work Saturdays while I agreed to care for my niece at home during the week. I am not her primary caretaking. My employer recently asked if we would have any restrictions to our schedules when we reopened after... View More

Neil Klingshirn
Neil Klingshirn
answered on May 22, 2020

The real question is whether your employer had an obligation to continue your employment for Saturdays only and, if not and she decides to employ someone else, whether you have any rights as a result of her ending of the employment.

If you are an employee at will, which you probably are,...
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1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: On March 28th our landlord locked us out of our restaurant because of non payment of March rent. We were already closed

because of Covid. Now we are trying to pay the rent (March -current) but he would not accept it today. He said that he wanted us to now pay a deposit for our utilities and he wants to go through the building and make a detailed inventory list before we can get back in and open. We are in Oak Harbor... View More

Joseph Jaap
Joseph Jaap
answered on May 15, 2020

It depends on the terms of the written lease. Commercial leases typically allow landlords to seize the premises if tenant defaults, lock tenant out, and sell tenant's equipment and property to pay rent and any damages. Landlord does not have to accept late rent, and can terminate the lease... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Need help with landlord tenant law about lease renewal

Landlord is refusing to renew lease and asking for unfair terms for renewal. Asking us to move out in the middle of this pandemic

Joseph Jaap
Joseph Jaap
answered on May 13, 2020

If the lease is expiring, and if it does not have an automatic renewal or a renewal option, then it will terminate. Landlord can ask for whatever terms they want, and landlord has no obligation to renew it if tenant doesn't agree. So landlord could evict you if you don't vacate.... View More

1 Answer | Asked in Divorce for Ohio on
Q: I want an abatement of my divorce court proceedings until covid19 pandemic is over. Is this possible in Ohio?
Cathy Cook
Cathy Cook
answered on May 12, 2020

Since COVID-19 is not going to be “over” for a year or more, and the courts will find ways to move cases forward, that is unlikely. The only way to stop a divorce generally is for both parties to agree to dismiss the case.

If your property values have been affected, you may have to...
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1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Ohio on
Q: I bought a car from a private person paid stated down payment and was given a month to pay final payment and a bill of

Sale stated such. 5 days later previous owner borrowed stated vehicle to go to the store but never brought it back and stated that changed there mind that they would just give the down payment back when they get paid. What do I do to get it back? Or can I? I live in Ohio.

Joseph Jaap
Joseph Jaap
answered on May 5, 2020

If you still want the car, you will have to sue seller for breach of contract. That process will take several months, and OH court activity is currently suspended because of the virus lockdown. Use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I'm a landlord in Ohio. My tenant has told me last month that he didn't want to abide by lease terms due to covid19.

He is supposed to have a lease through June 30th and the lease spells out that the security deposit shall not be used as last months rent. He wants to use security deposit for May rent and move out a month early, because he found a house that he's buying. He also stated his wife lost her job... View More

Joseph Jaap
Joseph Jaap
answered on May 5, 2020

OH court activity is suspended in Ohio. You can file an eviction complaint with the court, but an eviction hearing might not take place for a couple months. If tenant moves out sooner, that won't help you. But an eviction filing is a permanent court record that can make it difficult to rent... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My son can’t afford to pay his remaining off-campus rent of $5k for this Spring semester, due to COVID 19 job loss.

He hasn’t been able to work since March 2020 and I have been furloughed since March as well. He is unable to get a student loan on his own and has no Co-signer. His rent for the school year was 10K, which is extremely expensive. His roommates have paid in full. His unpaid portion is now... View More

Joseph Jaap
Joseph Jaap
answered on May 4, 2020

If he doesn't pay his part of the rent so that the rent is not paid in full, then the landlord can file to evict all of them and sue all of them for the unpaid amount. Landlord can also make adverse entries on their credit records, lowering their credit scores and making it difficult to rent... View More

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Ohio on
Q: how do i get my name off a joint loan with ex husband

my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.

Joseph Jaap
Joseph Jaap
answered on Apr 29, 2020

You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... View More

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1 Answer | Asked in Employment Law for Ohio on
Q: My wife works in IT in ohio at a hospital. She does have a nursing license since covid she has seen 2 of her other

Co worker be sent back to the nursing floor. Should she speak to HR if they tell her she has to go back? Is this a legal issue if they try? Thanks.

Carrie Dyer
Carrie Dyer
answered on Apr 29, 2020

Your wife can request that she not be required to return to the nursing floor, but her employer can require her to work in a different role depending in the needs of the business. Without some other reason (for example, a requested accommodation based on a medical condition), your wife would not... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Is their any ordinances not allowing people from out of town to move in to a new rent house in trumball county Ohio.

Right now because of Covid-19

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2020

Ohio is under the emergency orders from the governor to stay at home and to self-quarantine. It is unlikely that any local governments have passed specific virus-related ordinances -- but they could have. Use the Find a Lawyer tab to retain a local attorney who can check for local ordinances.

2 Answers | Asked in Real Estate Law for Ohio on
Q: Can you still get evicted ? No matter what the situation is. During the virus out break? In wooster ohio
Joseph Jaap
Joseph Jaap
answered on Apr 27, 2020

Evictions can still be filed with the court, but eviction hearings and many other court activities are currently suspended in OH. When courts re-open, the hearings will resume, and you could be evicted then. An eviction is a permanent court record that can make it difficult for you to rent from a... View More

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord terminate a lease because of selling the house?

I moved in and signed a year lease in October of 2019. Two months ago he has people coming to look at the house and said he was planning on selling all of his rentals eventually, but not to worry everything was a process and would take time and I would have plenty of time to move out. Now he's... View More

Joseph Jaap
Joseph Jaap
answered on Apr 23, 2020

Landlord cannot legally force you out if you have a valid written lease that you both signed. Your lease remains in effect if landlord sells, and it is binding on any new owner until the expiration date specified in the lease. The new owner must honor the lease, must follow its terms, and... View More

3 Answers | Asked in Bankruptcy for Ohio on
Q: In a chapter 13 and from ohio.....can the trustee take the coronavirus stimulus checks
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on Apr 22, 2020

We have heard from the chapter 13 trustees in the Southern District that they are not pursuing or accounting for the stimulus check(s). I have not seen any case in Northern or Southern District (in a Chapter 7 case) yet where the trustee is pursuing the recovery of the stimulus check(s). We... View More

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What, if anything, changes about visitation during this stay at home order?

My ex husband and I have a court order where he gets visits with the kids every other weekend. He had not seen the kids since sept 14th 2019 of his own accord. He even moved to PA a few months back without telling me until very recently and without updating his address with the courts. Our kids are... View More

Joseph Jaap
Joseph Jaap
answered on Apr 22, 2020

If you refuse, he could file with the court to have you held in contempt. You would then explain your reasons to the judge, and the judge would decide if what you did was in the best interest of the children. There is no way to predict how judges will deal with all the problems caused by the... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Landlord wants to show the home I am renting to a prospective buyer during covid-19 stay at home order. Can I refuse?

I have explained that I am uncomfortable with anyone coming into my home during the stay at home order. They are now going to show my home on thursday. Do I have a right to refuse entrance for a showing during this time?

Joseph Jaap
Joseph Jaap
answered on Apr 22, 2020

OH law says that landlords can show the premises to prospective buyers by giving tenant reasonable notice, typically 24 hours. But there isn't much landlord can do if a tenant refuses -- other than filing an eviction. But OH courts are suspended, so they are not doing any evictions. It... View More

1 Answer | Asked in Child Custody for Ohio on
Q: My husband and his sons mother are having a custody battle since feb.

Feb. First seen something was up just by how she was acting and then she got pulled over for having a bunch of drugs a scale and even counterfeit money. I didn't think she was doing this bad but we ordered a drug test and she failed with crack cocaine weed and meth. Also our court date was... View More

Joseph Jaap
Joseph Jaap
answered on Apr 20, 2020

Your husband should retain a local family law attorney to represent him in the custody proceedings. If your husband does not allow the child's mother to have parenting time, then she could file to have your husband held in contempt. He would then explain to the judge that because of her drug... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Does my brother have a right to evict me

I'm asking because he purchased a house for my sister and I. My sister was getting a bunch of money through her divorce. I was living w my Dad who was going into foreclosure. So my brother bought a house. My sister was suppose to get her credit together since she was getting a bunch of money... View More

Joseph Jaap
Joseph Jaap
answered on Apr 20, 2020

He is the owner of the house, so yes, he can evict you. But OH courts are currently suspended for the virus, so there can't be an eviction hearing until courts re-open, so you have some time to find a new place. Work it out with him to avoid having an eviction filed against you. An eviction... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My Tenant is moving out next month but refuses to let me show unit to prospective tenants because of COVID19 concerns.

Can a Tenant legally keep owners out of their property because of this virus? Is that “reasonable”? They want us to wait till Ohio removes restrictions, but we are already short on time to find a suitable tenant and get it rented when they move out. It was the Tenants choice to not renew their... View More

Joseph Jaap
Joseph Jaap
answered on Apr 18, 2020

OH law allows landlord to show to prospective tenants after giving reasonable notice. If tenant refuses entry, you could call police, but they are unlikely to force tenant to comply - especially with the virus. So there might be no way for you to show it. OH courts are closed, except for... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I am the sole residential and legal custodian of our 2 children. My ex-husband has not returned our children.

My ex-husband has picked up our children for spring break and was to return our children back to me on 3.29.20. I drove to Chicago on 3.31.20 where he claims to reside to attempt retrieval because he claimed he couldn't drive due to surgery the week of 3.23.20 - 3.29.20. I had police escorts... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2020

Your only remedy here is to file for a motion to show cause. I would also file a motion to modify parenting time if he is fundamentally violating the current order to prohibit him from pulling this again. The court likely won't be able to rule on it for a while, but the threat of attorney fees... View More

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