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Frequently Asked Questions
My tenant did not pay his rent this month, what can I do? This article is designed to assist landlords who are confronted with a tenant who repeatedly pays his rent late, in part, or not at all. These landlords have typically attempted to give the tenant every opportunity to live up to their end of the bargain. The payment of rent is a normal component of the landlord-tenant relationship. If not expressly provided for, it is implied in all lease/rental agreements. When a tenant fails to pay rent, the landlord may file a “forcible entry and detainer action,” or “eviction action” to regain physical possession of the premises. The terms “forcible entry and detainer” and “eviction” are used interchangeably. Ohio landlords should know that they are prohibited from resorting to “self-help” tactics. “Self-help” refers to the process whereby a landlord attempts to evict a tenant without resort to legal procedures. Ohio law specifically prohibits “self-help” evictions. Therefore, landlords must follow the procedure provided for in Ohio landlord and tenant law. In cases involving the non-payment of rent, this process is initiated by “serving” the tenant with a three (3) day notice to leave the premises. This notice must be in writing and is effectively served if given by certified mail, return receipt requested, by handing a written copy of the notice to the tenant in person, by leaving the notice at the tenant’s usual place of abode, or by leaving it at the premises from which the tenant is sought to be evicted. Every three-day notice must contain, either printed or written in a conspicuous manner, the following language: YOU ARE BEING ASKED TO LEAVE THE PREMISES. Courts have interpreted “conspicuous manner” to mean that the required language must be “set-off” from the body with asterisks or that it be twice as large as other printing or writing on the notice. Essentially, it is important that the required language be distinguishable from the rest of the notice. In addition, landlords are advised to take extra precautions in cases involving handicapped tenants. One court has ruled that a sight-impaired tenant is entitled to something more than the statutory required notice where the landlord knows of the impairment. Once a three-day notice is served, landlords are advised not to accept any future rent payments. “Acceptance” occurs when a landlord cashes or deposits a check or money order payment. When a landlord accepts future rent payments, he is deemed to have waived the three-day notice to vacate. A landlord should simply hold onto all payments made between service of the three-day notice and the court date unless otherwise advised by their attorney, or directed by the court. It is important to calculate the three-day notice period correctly. Do not count the day of service, weekend days, or holidays. Therefore, if notice is received on Friday, it is effective on Wednesday. An eviction action could then be filed on Thursday. An eviction action is filed with a court of competent jurisdiction if the tenant has failed to comply with the three-day notice or has moved out but has not substantially removed all of his property. Landlords should consult with an attorney concerning the mechanics and necessity of filing a forcible entry and detainer action. Further information regarding this article and other landlord/tenant issues can be obtained by contacting Daniel F. Richards at (440) 942-6262 or by emailing him at drichards@wilesrichards.com. The difference between Social Security Disability (SSD) and Supplemental Security Insurance (SSI) can be confusing. Both programs are administered by the Social Security Administration. However, they differ markedly in numerous ways. Social Security Disability Insurance is a program that workers, employers, and the self-employed pay for with their social security taxes. The benefits that you might receive under Social Security Disability is based upon your work history and the contributions that you have made to the fund. The Social Security Administration divides the years into quarters and you have to have worked in twenty (20) of the last forty (40) quarters and have contributed to the fund in order to qualify. Employment which is paid for in cash and from which social security deductions are not made and in kind payments are not counted. Assuming that your work history and your earnings are sufficient to qualify you, it is next necessary for you to be deemed disabled in order to qualify for SSD. The Social Security Administration has a set of qualifications known as “grids” which are found in the Code of Regulations. If you meet or exceed these grids, you will be considered disabled. Nevertheless, even if you do not meet them, they will continue to consider your residual functional capacity to engage in gainful employment. If you do not have the residual functional capacity to do so, you will still be found to be disabled and you may qualify for the benefits. The precise amount of benefits that you will be awarded depends on the amount of contributions that you made on your work history. The more you have contributed, the more you will receive. In addition, some part-time work is allowed while receiving disability payments. SSI, on the other hand, is a program financed through general tax revenues and not through the Social Security Trust Funds. Therefore, your work history and your earnings history are irrelevant to your eligibility. However, it is still necessary that you are disabled as defined by the Social Security Administration’s Regulations, and you must have an extremely low income and number of assets. The threshold here is very low. Moreover, family and household income may count against your eligibility status. If you are working, the amount of income that you have will be deducted from any benefits for which you might be eligible. Furthermore, changes in marital status and family income will affect your eligibility for benefits. Therefore, SSI applications should be made only under dire circumstances where a disability claim appears to be futile. Further information regarding this article and other Social Security issues can be obtained by contacting Geoffrey W. Weaver at (440) 942-6262 or by emailing him at gweaver@wilesrichards.com. Do I need a lawyer to handle my workers' compensation claim? In most cases the answer is yes. There are many phases and issues arising in a workers’ compensation claim that an injured worker, also known as the claimant, needs to be aware of during the processing of their claim. Employers, through their workers’ compensation service companies, are aggressively defending claims that are filed by their employees. The employer normally requests that the claim be set for hearing before the Industrial Commission of Ohio. Most hearings are held in Cleveland. The employer’s representative at the hearing is usually a lawyer. The representative has the right to cross-examine the claimant as well as make legal arguments to the hearing officer. His job is to represent the interests of the employer. Unless the claimant is well versed in Ohio workers’ compensation law, a claimant may find himself or herself in an awkward and unfair situation at the hearing. Furthermore, the burden of proof is upon the claimant to establish that a work related accident occurred and prove the medical injuries sustained. For the claimant to prevail, medical documentation as well as other pertinent materials may need to be filed at the hearing. The documentation needed varies on a case to case basis. Knowing what is needed, and most importantly, how to obtain these materials, is crucial in order to prevail at the hearing. It should be noted that hearings can be held on a variety of issues. A few examples would be: 1) The extent of disability. Here the employee or the Bureau is attempting to stop the claimant’s temporary total disability. 2) Payment of medical bills, 3) To additionally allow the claim for new diagnosis found by the claimant’s doctor, 4) working or non-working wage loss compensation, and so on. There are many important time requirements that must be adhered to during the processing of a claim. These time requirements pertain to filing the claim itself, filing for additional conditions, filing for payment of medical expenses, requesting payment for time missed at work, death benefits, wage loss benefits, permanent partial disability and for many other situations. The most important time requirement pertains to appealing hearing decisions. Failure to follow these strict time requirements can result in serious consequences including having the claim denied. There are many intricate issues in the processing of a workers’ compensation claim that require knowledge of workers’ compensation law in order to properly address the issue involved. Furthermore, the gathering of evidence to support the claimant’s position is crucial. Finally, how the case is presented to the hearing officers can be the decisive factor as to who prevails at the hearing. The preceding are just a few reasons why one should retain a lawyer who is well versed in Ohio workers’ compensation law to represent their interests regarding their claim. Never be afraid to ask your lawyer questions on how your claim is going as well as what the next stage in your claim is. The lawyer is there to explain what is happening and why. Further information regarding this article and other workers’ compensation issues can be obtained by contacting Michael P. Germano at (440) 942-6262 or by emailing him at mgermano@wilesrichards.com. |
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