Ohio Contracts Legal Questions

Did you ever find anyone to help you with your lease form?  If you didn't and you still need one, first check lawyers.com for a local real estate attorney.  If you have no luck there, feel free to call me.  I offer free limited telephone consultations and can either help you with a document or find someone closer that can.... Read More

As they say, verbal agreements aren't worth the paper they are written on.  You don't say whether you have another lawyer yet.  If you do, ignore what I am telling you here and ask your lawyer.  You are entitled to a detailed list of charges.  These don't necessarily have to be elaborate and list everything that was done for any particular charge, but it should list the date of the service, at minimum a brief description, even if it is only "telephone call with client" or "deposition."  Personally, I use detailed descriptions, but that's me. You say that he has a voice mail.  Well, might he?  Did you have that conversation?  If you didn't, don't worry about it, if you did, what did you say?  Did he partake in any of the yoga classes?  If he did, you will want to know if the charges that he has billed you for include the times when he was taking classes. Has the lawsuit already been filed?  If so, it is somewhat unusual that the judge just let him out without some reason or your agreement.  To get out, he would have had to file a motion.  What did he say in his motion?  You don;'t say what city you live in or near.  All of the larger metropolitan areas in Ohio have bar associations.  If you can't get this worked out with the lawyer, call the local bar association and tell them your story.  There are usually fee dispute procedures set up at the bar.... Read More

The fire damage is still fire damage, even if your negligence caused it.  Most insurance coverage is to cover you for loss when you are negligent.  I don't know the Progressive coverage.  I suppose that there could be an exclusion, either check your policy or contact your broker. Progressive COULD try to deny coverage if they thought that the damage was intentional, THAT would be arson.... Read More

The legal answer and the practical answer may be two different things. Legally, the answer is probably no.  Do you have a written lease?  If so, your security deposit is governed by the terms of your lease.  Almost assuredly, it prohibits you from using your security deposit as your final month's rent.  It is security for two things, the full and faithful performance of your lease while you are occupying the premises and to assure that they have some ability to collect from a tenant who leaves the premises in an unreasonable condition, be that damaged, uncleaned, etc.  If you don't pay your rent, you will be in default of your lease and there is likely some provision for late charges, etc. You say that your second year has been on a month-to-month tenancy.  Are you sure.  Leases often have 'evergreen" clauses where they automatically renew for another year if you don't give enough prior notice.  Please read your lease or take it to a qualified lawyer to be sure that you are not getting yourself into a worse position by leaving when you thought you had the right to do so, but were mistaken.  Even if you are on a "month-to-month", the lease may provide for more than a 30-day notice to leave.  Again, read your lease.  If you do have the right to terminate your lease with 30 days notice, practically, there isn't much they can to do you.  You probably have a grace period of 10 days of so, so they won't even really know that you are late until after that period.  If they started immediately, depending on the court, they might be able to get you into court for an eviction within the remainder of your lease term, but the court would at best tell you to get out when you were supposed to be out anyway.  The downside, is that in addition to late charges, they will also be able to get a judgment against you and collect court costs if they were to file to evict you. The landlord doesn't have to give you your deposit back for 30 days after you move out, and that is only if you have given them your forwarding address so they can send the check.  Alternately, they can hold it that long, then give you a list of the reasons why they are withholding all or part of your money.  If they don't get it back to you in time or don't have a reasonable list, you can sue them.  Here is a link to a helpful pamphlet from the Ohio State Bar Association.  https://www.ohiobar.org/forpublic/resources/lawfactspamphlets/pages/lawfactspamphlet-11.aspx If you have a reputable landlord (it sounds like you don't), you may get them to agree to meet you at the property as you move out and clean to cut you a check right then.  They do not have to do that, but then might.  Alternately, you might be able to get them to agree to let you use the security deposit as you last month's rent, with the promise that they will be there when you move out and if anything is out of place that you will write them a check immediately.  I doubt that either one of those things will happen, but they might.... Read More

I assume that you are asking if you can perform the services that you would normally provide at your salon at another salon, but are concerned because you have signed a non-compete agreement, rather than, "Does my license prohibit it?" If you do not have a non-compete agreement or possibly a prohibition on moon-lighting in your company policy, generally, you are free to do work wherever you wish, subject to the requirements of your license. If you DO have a non-compete agreement, read the agreement. Such agreements are disfavored as the State has an interest in keeping you off welfare. Ohio understands the rights of an employer, so, courts generally look at the reasonableness in time and geography, of the agreement. Such agreements are usually enforced AFTER you leave your job, but still apply here. Generally, one year after you leave and within 100 miles of the location is seen as reasonable. Also considered is the type of work. A carpenter is less likely to be restricted than a salesperson as the carpenter is usually just a person that does the labor and isn't able to control business that comes to the company. A stylist is potentially a hybrid, part sales, part laborer. I don't know of any case on point in Ohio for a salon employee, so depending on the facts, it could go either way. Rather than getting yourself in trouble, have you considered asking your employer if it is OK with them? I realize that there is some risk in doing this, but think of the alternative. Even if it is completely legal to do, even if you have no non-compete agreement or moon-lighting prohibition, if you do it without asking and they find out (and they will, sooner or later), they are likely to feel betrayed and are likely to find a good reason to fire you, whether it is for this or something else, restrict your hours, give appointments to others, etc. Keep in mind that even if you do have some restriction, if you ask your employer they might think it is OK and give you permission to take that other work. They are not likely to put that in writing, just because they are thinking of it as a "handshake" agreement and don't really want to waive any of their rights in the future. If they do agree, be sure to send them a nice note, thanking them for their permission to work at the other salon. Be sure to keep a copy. If they DO agree, they will probably want you to keep it quiet because they don't want everyone thinking that it is a good idea. If you do have a non-compete agreement or moon-lighting prohibition, I suggest that you contact an attorney to review your documents before you do anything. I don't know the answer to the second question of whether you license prohibits you from doing this work.... Read More

The first question is, "are you entitled to get your down payment back?"  Did you just change your mind?  Did the contractor make promises that he or she didn't keep? You don't say what kind of agreement you had with this contractor or if it is in writing.  Where it was signed, your house or their office could also make a big difference.  You may have other ways of terminating your agreement and being entitled to your money back.  Ohio has the Consumer Sales Practices Act and the Home Solicitation Sales Act to protect consumers, but the subject of the transaction has to be primarily for household purposes.  As an example, the acts may apply if you are having the kitchen in your residence remodeled, but would not apply if you were having the same remodeling work done in a rental property you are renting to others.   One other possibility is that your contractor could file a counter suit against you for breaching the contract by not letting them perform (many see a good offense as the best defense). You need to talk to an attorney who does this kind of work to help you understand your contract and your issues.  Your attorney may be able to negotiate with the contractor to get your money back.  If that is not successful, you may need to file a lawsuit.  You COULD do this on your own, but usually you are better off hiring an attorney to handle your case, especially if the amount is more than $3,000 (small claims limit). If you down payment was $3,000 or less you could file in small claims, but if the contractor files a counterclaim in excess of that amount the case could be removed to the general division of the local municipal court or the common pleas court.... Read More

This is the problem with oral agreements. To answer your question, yes, oral agreements are binding. But, you have to prove the terms of the agreement and obviously the other party doesn't agree about the terms since you have a dispute. Your question raises issues that can be difficult, for example was the person that told you the membership could be suspended authorized to bind the gym? If not, caveat emptor. Get it in writing before you sign and start paying. ... Read More